24-062_REBID_Solicitation_.pdf

CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF MOTOR VEHICLES

ADMINISTRATIVE SERVICES DIVISION

P.O. BOX 932382

SACRAMENTO, CA 94232-3820

California Relay Telephone Service for the deaf or hard of hearing from TDD Phones: 1-800-735-2929; from Voice Phones: 1-800-735-2922

ADM 668 (REV. 1/2019) DMVWeb A Public Service Agency

24-062 REBID

SMALL BUSINESS BID SOLICITATION (SB BID)

Notice to Prospective Bidders

July 23, 2024

You are invited to review and respond to this Small Business Bid Solicitation (SB Bid) entitled 24-062 REBID – Integrated Pest Management Services for Various DMV Field Offices in Region 3.

In submitting your bid, you must comply with the instructions found herein. Your bid must be submitted via email (the DMV will not accept a mailed or hand-delivered bid).

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site :

http://www.dgs.ca.gov

In the opinion of the Department of Motor Vehicles, this SB Bid is complete and without need of explanation.

The contact person for this SB Bid is:

Feliciano Hernandez Department of Motor Vehicles

Phone: (916) 818-2852 Email: feliciano.hernandez@dmv.ca.gov

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Feliciano Hernandez Contract Administrator

TABLE OF CONTENTS

SECTION

➢ BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

2. Bidder Qualif ications

3. Schedule of Events

4. Submission of Bid

5. Disposition of Bids

6. Evaluation and Selection

7. Notice of Contract Award

8. Standard Conditions of Service

9. Required Documents (Awarded Contractor)

10. Bid Preference(s)

11. Generative Artif icial Intelligence (GenAI)

➢ STANDARD AGREEMENT FORM (SAMPLE)

➢ EXHIBIT A – Scope of Work

➢ EXHIBIT B – Budget Detail and Payment Provisions

➢ EXHIBIT C – General Terms and Conditions

➢ EXHIBIT D – Special Terms and Conditions

➢ EXHIBIT E – Additional Provisions

➢ EXHIBIT F – DMV Region 4 Office Location List

➢ EXHIBIT G – Scheduled Monthly Appointment List

➢ EXHIBIT H – Pre-Approved Pesticide List

➢ EXHIBIT I – Pest Control Service Log

➢ APPENDIX A The United States Department of Transportation Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A

➢ APPENDIX E The United States Department of Transportation Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A

➢ REQUIRED BID DOCUMENTS CHECKLIST

➢ ATTACHMENT 1 – Bid/Bidder Certif ication Sheet

➢ ATTACHMENT 2 – Cost Sheet

➢ ATTACHMENT 3 – Payee Data Record

➢ ATTACHMENT 4 – Bidder Declaration & Subcontractor/Supplier List

➢ ATTACHMENT 5 – Darfur Contracting Act

➢ ATTACHMENT 6 – California Civil Rights Laws Certif ication

➢ c ATTACHMENT 7 – GenAI Disclosure & Factsheet

The remainder of this page is intentionally left blank.

BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

A. Integrated Pest Management (IPM) services for various DMV Field Offices in Region 3 Term: Thirty-six (36) months (see Schedule of Events for proposed start date of contract).

See Exhibit A, Scope of Work, for a complete description of services.

B. The awarded contractor must provide services to all offices identified in Exhibit F.

2. Bidder Qualifications

A. Bidder must be certif ied by the State of California, Department of General Services (DGS), Office of Small Business and Disabled Veteran Enterprise Services (OSDS) as a Certif ied Small Business.

B. All licensing shall be current and in good standing for the duration of the contract. Section 8555(g) of the Business and Professions Code, requires that:

(1). The bidder shall be a registered Branch 2 and 3 structural pest control company with the California Department of Pesticide Regulation (DPR), Structural Pest Control Board (SPCB). All subcontractors that the bidder intends to utilize to perform non-fumigation structural pest control of household pests under the contract shall be a registered Branch 2 and 3 structural pest control company with the DPR, SPCB. The bidder’s DPR, SPCB company registration number shall be indicated on the Bid/Bidder Certif ication Sheet (Attachment 1). The names of all subcontractors that the bidder intends to utilize and their DPR, SPCB company registration number shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor DPR, SPCB company registrations shall be in good standing from the time of the bid opening through the term of the contract.

(2). The contractor or subcontractor providing a business live capture, shall be currently registered with the Structural Pest Control Board (SPCB) and have a current Operator’s License; (http://www.pestboard.ca.gov/).

(3). The Contractor shall possess a valid Qualif ied Applicator License (QAL ) (Category A & B License) issued by the California Department of Pesticide Regulation (CDPR).

(4). The Contractor or subcontractor providing trapping shall utilize a valid Trapping License for pest control from the California Department of Fish and Wildlife.

(5). All onsite staff shall possess, at least, a valid Structural Pest Control Applicator certif ication and/or Qualif ied Applicator Certificates.

(6). All onsite Contractor’s supervisors shall possess, at least, a valid Structural Pest Control Field Representative Licenses for Branch 2 and 3.

(7). All subcontractors that the bidder intends to utilize to perform work under the Agreement shall possess all applicable licenses for the work they will perform under the Agreement.

The bidder’s license number(s) shall be indicated on the Bid/Bidder Certification Sheet (Attachment 1). The names of all subcontractors that the bidder intends to utilize and their license number(s) (if applicable) shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor structural pest control business licenses shall be in good standing from the time of the bid opening through the term of the Agreement.

http://www.pestboard.ca.gov/

C. The Contractor is responsible for contacting and adhering to the county Agricultural Commissioner’s regulations in the county in which pesticides or any other material designated as restricted are to be applied. To determine the status of the pesticide and for regulatory information concerning the application, storage, transportation, and disposal of the pesticides, contacts the county Agricultural Commissioner.

D. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid, the bidder represents that it is not a target of Economic Sanctions. Should the State determine, at any time prior to the execution of a contract, that the bidder is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the bidder’s bid by the DMV.

3. Schedule of Events

Event Date Time

(1). SB bid available to prospective bidders: 7/23/2024 N/A

(2). Final date for bid submission:

(Note: See additional info in Section 4.)

7/29/2024 10:00 a.m.

(3). Proposed start date of contract: 8/1/2024 or upon contract approval

N/A

4. Submission of Bid

A. Bids must be received via email no later than the date and time specified in the Schedule of Events. The DMV will not accept any bids that are mailed or hand-delivered.

(1). Bids shall be emailed in non-fillable PDF format (one [1] file that includes all required bid documents) to DMVBIDS@dmv.ca.gov. Only bids sent to this email will be considered.

Bids that contain any bid information in the body of the email may be rejected. Bids shall be sent to the email address listed above and contain the following information in the Subject Line only:

a. Bid # 24-062 REBID for Feliciano Hernandez for INTEGRATED PEST MANAGEMENT SERVICES REGION 3 Due: July 29, 2024 at 10:00 a.m.

1. Bids may be deemed non-responsive if the subject line does not contain the above information.

(2). Emails shall not exceed one hundred (100) megabytes (MB) in size.

(3). Emailed bids will not be opened until after the date and time specified in the Schedule of Events.

B. Bids must be received by the DMV no later than the date and time specified in the Schedule of Events. Any bid received after the specified due date and time shall be rejected.

C. Bids shall include all required bid documents identified in the Required Bid Documents Checklist. Only submit the required bid documents with your bid, not the entire SB Bid package. Bids not including the required bid documents shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

D. Bidders are responsible for ensuring the accessibility and legibility of the submitted documents.

Bids that are not accessible or legible may be rejected.

mailto:DMVBIDS@dmv.ca.gov

E. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

F. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications shall not be considered and shall cause a bid to be rejected.

G. Costs for developing bids in anticipation of award of the contract are entirely the responsibility of the bidder and shall not be charged to the DMV.

H. An individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certif ication Sheet (Attachment 1). The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

I. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, shall not be considered.

J. A bidder may withdraw their bid by submitting a written withdrawal request to the DMV, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

K. The DMV may modify this SB Bid prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

L. Bidders are cautioned to not rely on the DMV during the evaluation to discover and report to the bidder any defects and errors in the submitted documents. Bidders, before submitting their documents, should carefully proof them for errors and adherence to the SB Bid requirements.

M. Where applicable, bidders should carefully examine work sites and specifications. Bidders shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the contract amount shall be made due to a lack of careful examination of work sites and specifications.

N. All documents submitted in response to this solicitation will become the property of the State of California and may be subject to the California Public Records Act (Government Code section 6250 et seq.). This includes any contact information within the documents, including that of references. Additionally, to the extent that a bidder believes its bid contains trade secret or proprietary information intended to be confidential, it is the bidder’s responsibility to identify and redact such information. A separate redacted copy of the bid must be submitted along with the original unredacted bid, and it will be the bidder’s responsibility to defend any redactions should a requester dispute them under the Public Records Act. In the absence of a pre-redacted bid, the DMV will treat the entire bid as a public record, except any information the DMV is required to redact under California law.

5. Disposition of Bids

A. All documents submitted in response to this SB Bid shall become the property of the State of California, and shall be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.). However, the contents of all proposals, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's bid, shall be held in the strictest confidence until notice of award is released. The content of all working papers and discussions relating to a bid shall be held in confidence indefinitely, unless the public's interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement, or evaluation of a bid.

6. Evaluation and Selection

A. Each bid shall be checked for the presence or absence of required information in conformance with the submission requirements of this SB Bid.

B. The DMV shall put each bid through a process of evaluation to determine its responsiveness to the DMV's needs.

C. A bidder may be deemed not responsible and their bid may be rejected if they have previously been terminated for cause/breach for the same or similar services at the location designated in this SB Bid.

D. All bids may be rejected whenever the DMV determines that the cost is not reasonable or otherwise in the best interest of the DMV. There is no requirement to award a contract if, in the opinion of the DMV, no bids were received containing a reasonable contract price or if there is another business-based reason not to make an award.

E. Bids that contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the DMV, such information was intended to mislead the DMV in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this SB Bid, it shall be the basis for rejection of the bid.

F. A bid may be rejected if it is conditional or incomplete. The DMV may reject any or all bids and may waive any immaterial deviation in a bid. The DMV's waiver of immaterial defect shall in no way modify the SB Bid document or excuse the bidder from full compliance with all requirements if awarded the contract.

G. A bid may be rejected if it contains any alterations of form or other irregularities of any kind.

The DMV does not accept alternate contract language from prospective contractors. Bids with such language shall be considered a counter proposal and shall be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed on the internet at: http://www.dgs.ca.gov.

H. The final selection shall be made on the basis of the lowest responsible responsive bid. In the event there is tie, each of the tied bidders shall be contacted by the contact person indicated on the cover page of this SB Bid regarding a date and time for a flip of a coin. The bidder whose bid was received first shall make the call. Bidders or their authorized representative(s) are allowed to be present for the flip of the coin.

7. Notice of Contract Award

A. The DMV shall email, fax, or mail bidding contractors a written notice of contract award.

8. Standard Conditions of Service

A. Following the release of the written notice of contract award, the DMV shall email, fax, or mail the awarded contractor a prepared contract for signature that includes a cover letter instructing the awarded contractor on how to proceed. The cover letter may request that additional information and/or required documents be provided by the awarded contractor before the contract can be fully executed.

B. Services shall be available on the expressed date set by the DMV after all approvals have been obtained and the contract is fully executed.

C. All performance under the contract shall be completed on or before the termination date of the contract.

http://www.dgs.ca.gov/

D. No oral understanding or agreement shall be binding on either party.

9. Required Documents (Awarded Contractor)

A. Prior to approval of the contract, unless otherwise specified below, the awarded contractor shall provide the DMV with all of the following required documents within five (5) calendar days after the contract has been forwarded to the awarded contractor for signature. If the awarded contractor fails to provide the DMV with all of the following required documents within the above specified number of calendar days after the contract has been forwarded to the awarded contractor for signature, the DMV may deem the awarded contractor as non-responsive and may rescind the contract award:

(1). Contractor Certif ication Clauses

a. The awarded contractor shall sign and submit to the DMV, page one (1) of the Contractor Certif ication Clauses (CCC) which can be found on the Internet at:

http://www.dgs.ca.gov.

(2). Insurance Requirements

a. When requested by the DMV, the awarded contractor shall provide the DMV with all of the following certificate(s) of insurance (Note: The DMV shall not be responsible for any premiums or assessments on insurance policies):

1. Commercial General Liability

A. Coverage shall provide limits of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined. The policy shall include coverage for liabilities arising out of premises operations, independent contractors, products/completed operations, personal and advertising injury and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability.

B. The insurance policy shall include the following additional insured endorsement that shall be under form acceptable to DGS, Office of Risk and Insurance Management (ORIM):

(1). The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.

2. Automobile Liability

A. Coverage shall provide limits of not less than $1,000,000.00 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles.

(1). The insurance policy shall include the following additional insured endorsement that shall be under form acceptable to DGS, ORIM:

a. The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.

2. Pollution Liability

A. Throughout the term of this Agreement, the Contractor shall maintain a valid certif icate of insurance stating that there is pollution liability insurance presently in effect for the Contractor and any subcontractors with limits of not less than $1,000,000.00 per claim covering the Contractor’s liability for bodily injury, property damage, and environmental damage resulting from pollution and related cleanup costs incurred arising out of work or services to be performed under this Agreement. Coverage shall be provided for both work performed on site as well as proper disposal of hazardous materials.

(1). The insurance policy shall include the following additional insured endorsement that shall be under form acceptable to DGS, ORIM:

a. The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.

3. Worker’s Compensation

A. Employer liability limits of not less than $1,000,000.00 are required if the awarded contractor employs any person, in any manner, that is subject to the Workers Compensation Laws of California. The awarded contractor shall maintain statutory workers compensation and employer’s liability coverage for all of its employees who will be engaged in the performance of the contract. If the awarded contractor does not employ any person, in any manner, so as to not become subject to the Workers’ Compensation laws of California, the awarded contractor shall contact the DMV Contract Administrator to request a Workers’ Compensation Exemption Certif ication form. This form shall be completed by the awarded contractor and submitted to the DMV prior to approval of the contract.

B. The awarded contractor’s workers compensation insurance policy shall be endorsed with a waiver of subrogation in favor of the State of California in the event the awarded contractor employs any person, in any manner, that is subject to the Workers Compensation Laws of California.

12. Bid Preference(s)

A. The following preferences are applicable to this SB Bid:

(1). Target Area Contract Preference Act (TACPA) (Only applicable if the lowest bid received exceeds $100,000.00.)

a. TACPA preference information can be found at the following internet web site:

http://www.dgs.ca.gov.

13. Generative Artificial Intelligence (GenAI)

A. The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

B. Bidders must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

C. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualif ication of the Bidder and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

D. Upon receipt of a Bidder GenAI Disclosure & Factsheet, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present unacceptable level of risk to the State.

DO NOT COMPLETE OR SUBMIT WITH YOUR BID!

EXHIBIT A

SCOPE OF WORK

1. Contractor’s Full Business Name (to be completed by the DMV), hereinafter referred to as the Contractor, agrees to provide the Department of Motor Vehicles (DMV) all labor, equipment, materials, transportation, monthly inspections, licenses, insurance certificates and chemicals required to provide ongoing Integrated Pest Management (IPM) control, maintenance and abatement services, and shall include, but is not limited to, the elimination of rats, mice, mites, roaches, hornets, wasps, sow bugs, centipedes, millipedes, fleas, lice, silverfish, cluster flies, spiders, ants, bees, white flies, skunks, opossums, raccoons, feral cats, rodents, pigeons, small wild animals, mosquitos, gophers, ground squirrels, and other pests. Services may include the live capturing and transportation to an on -site location, without harm, when applicable, and isolated treatments of termites without performing large building destructive applications as directed by the DMV Project Manager. If the animal(s) poses a health threat, the Contractor shall be required to exterminate the captured animal(s) before removal from the property and as required by the Department of Fish and Wildlife regulations. All treatments are limited to interior office spaces, common spaces and exterior areas of building(s) and landscape, trees, plants, shrubs, grass, pavement, concrete and soil only within the property boundaries noted below. The work shall include topical and systemic treatments of general landscape, trees, plants, shrubs and grass areas. The work shall also include supplying, monitoring, and maintenance of baited insect glue traps for internal use and baited rodent traps for external use. The DMV does not guarantee a minimum or maximum use of this Agreement.

2. The services shall be performed at: See Exhibit F and Exhibit G.

3. Commencement of Work

A. The Contractor shall commence work under this Agreement on the specified start date provided by the DMV Project Manager following the execution of this Agreement by the State. The DMV Project Manager shall provide the Contractor with written notification of the start date prior to the Contractor commencing work under this Agreement.

4. Hours of services:

A. All spot inspections and/or treatment of interior common areas for general pests and review of Building and Property Management’s IPM Service Log Book shall be performed between the hours of 7:30 a.m. to 3:00 p.m. Monday – Friday, except state holidays. All non-scheduled work shall be performed on Saturdays, Sundays or state holidays between the hours of 6 :00 a.m. to 4:00 p.m., unless authorized by the DMV Project Manager. Unapproved hours of work shall be considered performed at the Contractor’s own expense.

B. The only exception to the hours listed above will apply to live capturing. These tasks shall be performed on an “as needed” basis as directed by the DMV Project Manager, or designated representative. Response time shall not exceed twenty-four (24) hours and may require immediate response, if required, by the DMV Project Manager, or designated representative.

5. The Project Managers during the term of this Agreement shall be:

Department of Motor Vehicles Contractor Name (TBD)

Name: TBD Name: TBD

Phone: TBD Phone: TBD

Email: TBD Email: TBD

6. Any questions or issues regarding the management of this Agreement shall be directed to the following Contract Coordinators:

Department of Motor Vehicles Contractor Name (TBD)

Name: TBD Name: TBD

Address: TBD Address: TBD

Phone: TBD Phone: TBD

Email: TBD Email: TBD

7. In the event of any changes to the name, address, and/or contact information for the Project Managers and/or Contract Administrators/Coordinators identified in this Exhibit, the party making the changes shall notify the other party in writing.

8. Detailed description of work to be performed and duties of all parties:

A. The Contractor shall provide Integrated Pest Management (IPM) Program services

(1). IPM implementation shall include the following Best Management Practices:

a. Early observation through routine inspection so that pests present may be detected. Monitor each pest ecosystem to determine pest population, size, occurrence, and natural enemy population, if present. Identify decisions and practices employed with the least disruption of currently present natural controls.

b. Determine an IPM implementation plan and injury level, based on the degree of biological, aesthetic or economic damage the site can tolerate for each present pest. Decisions should consider the potential overall damage to the general environment, including all aspects of life cycle analysis; including environmental impact to non-target organisms; hazards to human health; toxicity to aquatic life, and the mobility and persistence of proposed solutions within the environment.

c. Consider a range of potential treatments for the pest problem. Employ non-pesticide management tactics first. The detailed controls listed on page 4 of this Exhibit illustrate non-pesticide management tactics.

d. Reference: DGS, Best Management Practices, Integrated Pest Management (IPM) program at: https://www.dgs.ca.gov/Resources/SAM/TOC/1800/1821-3

B. IPM Concepts

(1). The Contractor shall be responsible for working directly with the DMV Project Manager, or designated representative, and employ IPM Concepts as outlined below:

a. All work performed under this agreement shall include, but not be limited to:

1. Prevention:

A. Remove the pests’ sources of food, water, and shelter.

B. Notify DMV Project Manager, or designated representative, of pests’ access into the facility building.

https://www.dgs.ca.gov/Resources/SAM/TOC/1800/1821-3

C. When required, provide recommendations to the DMV Project Manager, or designated representative, pertaining to herbicides and pesticides for landscape areas maintained by others.

2. Choosing Pesticides

A. When choosing pesticides, minimizing risk should be a primary consideration, along with effectiveness, convenience, and cost.

B. A measure of hazard to humans and other mammals is provided by signal words on pesticide labels. The most toxic are labeled DANGER, followed by WARNING. The least toxic are labeled CAUTION. Other potential hazard include carcinogens (cancer causing substances) or reproductive or developmental toxins.

These criteria are not identif ied on pesticide labels. Risk occurs when humans, wildlife or other non-target organisms are exposed, or come into contact with hazardous substances.

C. The following least-risk options shall be used to manage pests (note that the least-risk pesticides are to be used only after a pest problem has been accurately diagnosed and as a last resort when non-chemical options are not effective):

(1). Biological, cultural, mechanical or physical pest management options with no potential physical hazards;

or, (2). Pesticides with very low mammalian, toxicity via oral, inhalation or derma routes, no eye effects, mild or slight skin effects (=EPA Toxicity Category IV); or, (3). Environmental Protection Agency (EPA) toxicity Category III pesticides in ready-to-use, non-volatile formulations used in areas inaccessible to children and the general public; or, (4). EPA toxicity Category III rodenticides in bait-block, non-volatile formulations placed in tamper-proof bait stations in areas inaccessible to children and the general public; or, (5). Pesticides exempt from registration by the US EPA (under

40 CFR 152.25)

(6). Any product should be effective for the use indicated on the product label, if applied according to the instructions provided.

3. Physical or Mechanical Controls:

A. Implement to reduce conditions that favor pest development.

Physical or mechanical controls use physical methods and/or mechanical equipment such as hand removal, baits, traps or other physical means to control pests.

B. Physical barriers - Where applicable, monitor physical barriers to wild areas in order to prevent the entry of wildlife. Notify the DMV Project Manager, or designated representative, of barriers that need repair. When physical barriers fail, use noise, scent, and other repellents.

C. Use traps - Rodent traps should be deployed prior to the use of rodenticides when applicable.

4. Biological Controls:

A. Monitor exterior pests and keep a balanced pest/predator population.

B. Determine the most effective treatment time, based on pest biology timing, which is relative to vulnerable periods in the pest’s life cycle with the least impact on natural enemies. Timing consideration to include best ability to produce long-term reduction in the pest and ability to be carried out effectively and cost effectively. Factors to consider are weather, seasonal changes in wildlife use, and local conditions.

C. Keep and maintain organized monitoring records. Detailed records of all non-chemical and chemical pest control treatments shall be maintained for at least five (5) years. Information regarding pest management activities shall be available to the employees at the Office Manager’s office.

5. Chemical Controls:

A. Chemical Controls shall be considered only as a last resort. If the use of pesticides or herbicides is required, review the range of treatments available and select the least toxic alternative for application.

6. Chemical Application: Before using chemicals, the following procedures shall be evaluated and provided:

A. Tolerance Thresholds of the infestation determine the urgency and strength of the pest control measure. Tolerance thresholds may vary by pest, specific location or type of land used. Three (3) distinct levels may be identif ied as subsets of threshold determination:

(1). Initial injury threshold: The level at which some injury begins to occur or is noticeable.

(2). Action threshold: The level at which action shall be taken to prevent a pest population at a specific site from reaching the aesthetic, functional or economic threshold.

(3). Damage threshold: The level where unacceptable damage begins to occur. In most environments certain levels of pest presence or injury can be accepted. IPM practitioners keep careful track of pests after the injury threshold is crossed so the pests do not get to the point where they can cause sufficient damage to impact the purpose of the facility being maintained. When the predetermined action threshold is crossed, interventions are implemented so as to avoid reaching the damage threshold.

7. Applying Pesticides

A. When mixing and applying pesticides, all label precautions must be followed. It is a violation of federal and state laws to disregard label directions.

B. Spot treat only the area or pest where the problem occurs, following the selected IPM strategy. Avoid broadcast application.

C. Follow label directions for Personal Protective Equipment (PPE) and for weather and other conditions appropriate for treatment.

Do not spray or otherwise treat if it is too windy (>5 mph) or too wet. The pesticide should reach only the intended target

D. Leave no-spray buffer strips near surface waters.

E. Be prepared for spills. Have clean-up materials available for immediate use.

F. Keep people and animals off of sprayed areas as noted in the label directions.

G. Post appropriate signage at applied areas.

(2). Pesticide Application Records are required by the California Department of Pesticide Regulation (CDPR) and California Department of Food and Agriculture (CDFA) and include, but are not limited to:

a. Licensed applicator's name.

b. Application target or site

c. Chemical name and active ingredient.

d. EPA Registration number.

e. Product toxic level.

f. Brand name.

g. Date, time, and method.

h. Target Pest.

i. Area of application.

j. Concentrations used.

k. Amount and rate of application.

l. Coverage rate.

m. Equipment used.

n. Weather conditions including temperature and wind, time and date intervals of controlled spraying.

(3). Notice of Pesticide Use:

a. The Contractor is responsible for notifying the DMV Project Manager, or designated representative, who shall directly notify all tenants and employees throughout the location, that a pesticide will be applied and that the following steps will be taken:

1. Notice of Pesticide, Herbicide or Chemical Use, other than a least-toxic pesticide or self -contained non-rodent baits, for building occupants shall be posted at least seventy-two (72) hours prior to or in accordance with all State labor bargaining agreements, whichever is greater.

2. Notif ication requires in-person or emailed delivery, as determined by the DMV Project Manager, or designated representative, of product(s) label and Material Data Safety Sheets (MSDS), for each product used in the application, of the completed IPM Notification Form to the DMV Project Manager, or designated representative.

3. The Contractor is responsible for updating MSDS when new pesticides are added to inventory and for notifying the DMV Project Manager, or designated representative, upon updates.

4. In addition to the requirements above, the DMV reserves the right to require additional information in order to provide notif ication to occupants.

(4). Emergency Applications of Pesticides - An Emergency application of pesticides without proper notif ication (72-hour notification) can be performed, but only after DMV Project Manager, or designated representative, has provided written permission.

(5). Performance Measurement - The Department of General Services’, Best Management Practices, are intended for 100% implementation. The Contractor shall be required to comply with the Best Management Practices, and unless the Contractor presents a valid reason for deviating from the practices stated above, all practices shall be followed.

C. Services

(1). Monthly Scheduled Services

a. The Contractor shall provide monthly review of Building and Property Management’s IPM Service Logbook and schedule inspections, with each DMV Project Manager, or designated representative, of all locations noted under Exhibit F. A written report shall be provided to each location’s DMV Project Manager, or designated representative.

(2). Non-Scheduled Services

a. All required IPM treatments shall be performed on a “Non-Scheduled – Hourly” basis. The “Non-Scheduled – Hourly” fee includes all Integrated Pest Management (IPM) control, maintenance and abatement treatments and applications, all materials or treatment products required, live capturing, transportation to an on-site location, without harm, for all animals as directed by the DMV Project Manager, or designated representative. If the animal(s) poses a health threat, the Contractor shall be required to exterminate the captured animal(s) before removal from the property and as required by the Department of Fish and Wildlife regulation.

b. See Exhibit B for maximum quantity of hours per location.

c. Invoices will be paid on a fifteen (15) minute increment and calculated from t ime of technician’s time of arrival at the DMV to time of technician’s departure from

DMV.

(3). Callback Services

a. If services are required between regularly scheduled services due to a pest issue, the Contractor will provide callback service at no additional cost to the DMV on the next business day after the request has been made

D. Glue Boards & Glue Board Kits

(1). On an as-needed basis and called for by the DMV Project Manager, provide Catchmaster #72TC glue boards, or pre-approved equal (see Exhibit B for maximum quantity of boards per location). The Contractor may be requested to install glue boards and shall date each to note the installation date. The Contractor shall monitor all glue boards during monthly inspections and report all f indings.

E. IPM Service Logbook

(1). Office personnel will maintain an IPM Service Logbook containing the Integrated Pest Management Log sheets in the Office Manager’s office. The Integrated Pest Management Log sheets shall be completely filled out and all requested information provided, whether or not a pest citing occurs or chemicals are applied.

(2). The Contractor’s pest control technician shall review the IPM Service Logbook notifications, e-mails, etc. upon arrival for each service and perform the appropriate process to correct the listed problems, in addition to the regular periodic preventive services called for in this Agreement.

(3). The pest control technician is also responsible for entering the inspection/service information onto the Integrated Pest Management Log sheets in the IPM Service Logbook.

F. IPM Service Report

(1). The pest control technician shall prepare their detailed IPM Service Report and provide to the DMV Project Manager, or designated representative, for review and sign-off at the conclusion of each inspection/service. The pest control technician shall then place the IPM Service Report into the IPM Service Logbook regardless of an application of pesticides has been performed.

(2). The IPM Service Report shall list service dates, locations, pest sightings, building contacts, pest control technician providing services, treatment, chemical used, remarks, and recommendations information.

G. Inspections by State

(1). Any services performed by the Contractor may be inspected by the DMV Project Manager, or designated representative, after completion. The DMV Project Manager shall be solely responsible for determining acceptability of services performed.

H. Trained Technicians

(1). Services shall be performed by trained, licensed, and qualif ied technician(s).

I. Proof of Service and Field Report

(1). The Contractor shall leave a field report after each service performed indicating the date and time of service(s), and the specific service(s) performed. The Contractor shall deliver, in person prior to leaving the site, to the DMV Project Manager, or designated representative.

J. Monthly Meeting

(1). The Contractor shall attend a monthly meeting with the DMV Project Manager, or designated representative, on a mutually agreed upon day and time to evaluate services.

K. Waste Transportation and/or Disposal

(1). Disposing of Pesticides:

a. Containers, equipment and unused, surplus or waste pesticide product must be disposed of in ways that protect public safety and the environment.

1. Properly dispose of empty containers. Triple-rinsed plastic containers should be recycled through the Plastic Pesticide Container Collection Program run by the California Integrated Waste Management Board and the Department of Pesticide Regulation. Thoroughly emptied bags and triple-rinsed liquid containers that cannot be recycled can usually be disposed of at the solid waste facility; follow label directions and advice of the appropriate solid waste characterization or screening program.

2. Unusable waste pesticide must be disposed legally.

(2). The Contractor shall be solely responsible for adhering to any and all local, city, county, state, and federal laws and regulations pertaining to the proper transportation and/or disposal of all waste products while performing services under this Agreement. The Contractor shall indemnify, defend, and hold harmless the state, its officers, agents, and employees from any and all claims, injuries, suits, damages, and losses arising out of or in connection with the improper transportation and/or disposal of all waste products.

L. Uniform Clothing

(1). The Contractor shall require all employees, including supervisors, to wear distinctive uniform clothing while performing services under this Agreement. The Contractor shall assure that every employee and supervisor is in uniform when on-site at a DMV office.

Uniform clothing shall clearly identify the Contractor’s name in a manner that is easily identif iable via a permanently affixed badge or monogram

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoice and Payment

A. Services rendered as required under this Agreement, and upon receipt and approval of the invoice(s) and any associated time-sheets, status reports, or any other required documentation of work completed, the DMV agrees to compensate the Contractor in accordance with the rates specified in the table below (to be inserted by the DMV after award based on Attachment 2, Cost Sheet), all taxes included, in arrears. The total compensation for all services performed under this Agreement shall not exceed $____ (to be completed by the DMV). The DMV does not guarantee a minimum use of this Agreement.

B. Invoice(s) should include all of the following:

(1). Contractor’s name as indicated within this Agreement, address, telephone number, and email address.

(2). Name, address, and telephone number of the DMV representative or office indicated within this Agreement to whom the invoice is being mailed or delivered.

(3). Date the invoice was prepared.

(4). Period of time covered by the invoice.

(5). This Agreement number.

(6). Office name and address where services were provided.

(7). Brief description of the type of services for which the DMV is being billed.

(8). Total number of days in the billing period that the Contractor was required to perform services.

(9). Dates within the billing period that the Contractor failed to render required services.

(10). Total amount invoiced (include calculations showing how the total amount invoiced was determined by including any pro-rata reduction amounts if applicable).

C. If this Agreement requires the Contractor to provide time sheets, status reports, payroll information, or other documentation of work done, the Contractor shall not submit an invoice and the State shall not be liable for payment while the Contractor has failed to provide the time sheets, status reports, or other documentation of work for the segment of work covered by the invoice.

D. The Contractor’s invoice(s) shall be emailed to: TBD

2. Travel Reimbursement

A. The DMV shall not reimburse the Contractor for travel costs.

3. Budget Contingency Clause

EXHIBIT B

A. The parties mutually agree that if the Budget Act of the current year or any subsequent year covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or furnish any other consideration under this Agreement, and the Contractor shall not be obligated to perform further services under this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to the Contractor to reflect the reduced amount.

4. Prompt Payment Clause

A. Payment shall be made in accordance with and within the time specified in the California Prompt Payment Act (Government Code Chapter 4.5, commencing with Section 927).

5. Withholding Amounts Owed From Amounts Due

A. In addition to any other remedy available under this Agreement or applicable law, the DMV may dispute an invoice or invoices submitted by the Contractor and withhold amounts owed by the Contractor to the DMV under this Agreement, including but not limited to amounts owed for breach, amounts owed as liquidated damages, and amounts owed due to overpayments from amounts claimed by the Contractor on invoices submitted to the DMV and otherwise owed by the DMV to the Contractor under this Agreement.

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. The General Terms and Conditions (GTC) shall be incorporated into the final agreement by reference on the Standard Agreement form (STD 213). The GTC may be viewed on the internet at:

http://www.dgs.ca.gov. (Please note that this page will not be included in the final contract.)

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Force Majeure

A. Circumstances beyond the control of the Contractor or the DMV may excuse the performance of the terms of this Agreement and prevent the other party from seeking any related damages.

These circumstances include acts of war, terrorism, civil war, revolution, or rebellion, epidemics or pandemics, strikes or industrial disputes, government orders or laws, and natural disasters such as earthquake, flood, or fire (excluding weather conditions), and any other extraordinary events or circumstances that prevent or delay the performance of a party and that are not within the control of the that party or avoidable by the exercise of due care.

B. If either party seeks to invoke force majeure to excuse or delay the performance of the terms of this Agreement, that party must immediately notify the other party. The invoking party must provide full details regarding the force majeure event, including the reason(s) the event is preventing or delaying performance, and the expected time frame for performance to be resumed. The invoking party must make reasonable efforts to mitigate damages and force majeure effects and must make reasonable efforts to fulfill its obligations under this Agreement.

Upon completion of the force majeure event, the invoking party must resume performance under this Agreement as soon as practicable.

C. The Contactor is not entitled to payment for services not rendered during a force majeure event and is not entitled to recover costs, losses, or expenses from the DMV as result of the force majeure event. The DMV is not entitled to the cost of replacement services in the event of force majeure.

2. Termination

A. The Contractor understands that in the event this Agreement is terminated for cause/breach, in future bid solicitations for the same or similar services at the location designated in this Agreement, the DMV may reject the Contractor’s bid as a non-responsible bid.

B. The DMV may terminate this Agreement for any of the following reasons:

(1). The Contractor fails to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, the DMV may proceed with the work in any manner deemed proper by the DMV. All costs to the DMV shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

(2). When termination is in the best interest of the DMV.

C. The DMV may recover costs and damages from the Contractor that include, but are not limited to, the following:

(1). The cost of rebidding the work.

(2). The additional cost of obtaining required work from an alternate source less the amount the DMV would have paid the Contractor to perform the required work.

(3). Damages incurred as a result of going without required work in the event that the required work cannot be obtained from an alternate source due to time constraints.

(4). Damages incurred as a result of delays in completing work.

D. In the event that the DMV terminates this Agreement in the best interest of the DMV, such termination is subject to thirty (30) calendar days written notice to the Contractor.

E. Termination of this Agreement shall be effected by delivery of a notice of termination to the Contractor specifying whether termination is for breach of this Agreement by the Contractor or for the best interest of the DMV. The notice of termination shall specify the date upon which such termination becomes effective. Unless otherwise directed by the DMV Project Manager, the Contractor shall perform the following as directed by the DMV Project Manager after receipt of the notice of termination:

(1). Stop work under this Agreement on the date and to the extent specified in the notice of termination.

OR

(2). Complete the work in process as directed by the DMV Project Manager.

3. Liquidated Damages

A. The parties agree that it will be impractical and extremely diff icult to ascertain and determine the actual damages sustained by the DMV in the event that the DMV is required to re-bid the work, go without the required work, or experience delays in receiving completed work. Therefore:

(1). In the event that the DMV terminates this Agreement due to Contractor breach, the DMV shall be entitled to $500.00 as liquidated damages to cover the administrative costs for rebidding the work.

(2). In the…