24-154_REBID.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

24-154 REBID

INVITATION FOR BID

Notice to Prospective Bidders

September 3, 2024

You are invited to review and respond to this Invitation for Bid (IFB) entitled 24-154 REBID – Scheduled Preventative Maintenance and As-Needed Unscheduled Repair Services for Various Forklifts, Pallet Jacks, and Other Miscellaneous Equipment at Various DMV Locations. This IFB is advertised in the California State Contracts Register through Cal eProcure at:

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

Please note that you must register with Cal eProcure in order to download IFB packages and any other provided documents from the Cal eProcure website.

Bidders are advised to check the Cal eProcure website for addendums, modifications, and updates to the bid documents. The Department of Motor Vehicles (DMV) is not responsible for failure of the prospective bidder to check for any bid document updates, changes, or answers to questions posted on Cal eProcure. Failure to periodically check the website will be at the bidder's sole risk.

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 DMV, this IFB package is complete and without need of explanation. The contact person for this IFB is:

Jennifer Perez Department of Motor Vehicles

Phone: (916) 818-2854 Email: Jennifer.Perez2@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.

Jennifer Perez Contract Administrator http://www.dgs.ca.gov/

TABLE OF CONTENTS

SECTION

➢ BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

2. Bidder Qualifications

3. Schedule of Events

4. Written Questions

5. Submission of Bid

6. Bid Opening

7. Disposition of Bids

8. Evaluation and Selection

9. Notice of Intent to Award Contract

10. Protest

11. Notice of Contract Award

12. Standard Conditions of Service

13. Required Documents (Awarded Contractor)

14. Bid Preference(s)

15. Bid Incentive(s)

16. Generative Artificial 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 – Equipment and Battery List

➢ EXHIBIT G – Master Invoice (Sample)

➢ 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 Certification 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 Disabled Veteran Business Enterprise Participation Requirement and Incentive

➢ ATTACHMENT 7 – California Civil Rights Laws Certification

➢ ATTACHMENT 8 – GenAI Reporting & Factsheet

BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

A. Scheduled preventative maintenance and as-needed unscheduled repair services for various forklifts, pallet jacks, and other miscellaneous equipment. 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.

2. Bidder Qualifications

A. The bidder shall provide trained personnel, qualified as technicians to perform the required equipment preventative maintenance and unscheduled repair services under this Agreement.

B. 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). IFB available to prospective bidders: 09/03/24 N/A

(2). Written questions regarding IFB are due by:

(Note: See additional info in Section 4.)

09/10/24 3:00 PM

(3). Written responses to questions released by: 09/12/24 3:00 PM

(4). Final date for bid submission:

(Note: See additional info in Section 5.)

09/18/24 N/A

(5). Date of bid opening:

(Note: See additional info in Section 6.)

09/19/24 9:00 AM

(6). Proposed start date of contract: 10/01/24 or upon approval

N/A

4. Written Questions

A. Submit all written questions via email to the contact person indicated on the cover page of this IFB package no later than the date and time specified in the Schedule of Events. Written responses to IFB questions will be released by the date and time specified in the Schedule of Events and viewable in the online project advertisement in Cal eProcure at:

http:/www.caleprocure.ca.gov.

5. Submission of Bid

A. Bids must be received via email no later than the date 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 mailto:DMVBIDS@dmv.ca.gov be sent to the email address listed above and contain the following information in the Subject Line only:

a. Bid # 24-154 REBID for JENNIFER PEREZ for Equipment Maintenance Services Due: September 18, 2024

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 specified in the Schedule of Events.

B. Bids must be received by the DMV no later than the date specified in the Schedule of Events.

Any bid received after the specified due date 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 IFB 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.

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 Certification 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 IFB 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 IFB 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.

6. Bid Opening

A. If you plan to attend the public bid opening, you must email the contact person indicated on the cover page of this IFB no less than 24 hours prior to the bid opening date and time. The contact person will email the bid opening information, held virtually through Microsoft Teams.

7. Disposition of Bids

A. All documents submitted in response to this IFB 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.

8. 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 IFB.

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 IFB.

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 IFB, 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 IFB 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 IFB 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.

9. Notice of Intent to Award Contract

A. Upon written request by any bidder via email, fax, regular mail, or personal delivery prior to award of the contract, the DMV shall email or fax bidders and post in a public accessible place, a written notice of intent to award contract no less than five (5) DMV business days prior to awarding the contract. All written requests must be submitted to and received by the contact person indicated on the cover page of this IFB prior to award of the contract.

B. Whenever a contract is awarded under a procedure which provides for competitive bidding, but the contract is not to be awarded to the lowest bidder, the DMV shall:

(1). Notify the lowest bidder in writing by email, fax, overnight courier, or personal delivery no less than five (5) DMV business days prior to the award of the contract.

10. Protest

A. If any bidder, prior to the award of the contract, files an initial protest with the DMV and the Department of General Services (DGS) on the grounds that the protesting bidder is the lowest responsive responsible bidder, the contract shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

B. Within five (5) calendar days after filing an initial protest with the DMV and DGS, the protesting bidder shall file a full and complete written statement with the DMV and DGS specifying the grounds for the protest, including: the IFB number, the name of the State agency involved, and the agency contract person. Protestants should also include their fax number if they have one.

C. A written protest must be sent by email to the DGS, Office of Legal Services (OLS) at OLSProtests@dgs.ca.gov, as well as the Contract Administrator listed on the cover letter of this

IFB.

11. Notice of Contract Award

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

12. 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.

mailto:OLSProtests@dgs.ca.gov

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

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

13. 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 ten (10) 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 Certification Clauses

a. The awarded contractor shall sign and submit to the DMV, page one (1) of the Contractor Certification 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. 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 Certification 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.

14. Bid Preference(s)

A. The following preferences are applicable to this IFB:

(1). Small Business Enterprise (SBE) Preference

a. SBE Preference information can be found at the following internet web site:

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

(2). Non-Small Business (Non-SB) Preference

a. Non-SB preference information can be found at the following internet web site:

http://www.dgs.ca.gov (Note: Non-SB Preference cannot displace a direct award to a California certified Small Business or a California certified Micro Business).

15. Bid Incentive(s)

A. The following incentive is applicable to this IFB:

(1). Disabled Veteran Business Enterprise (DVBE) Participation Incentive

a. See Attachment #6 for DVBE Participation Incentive information (Note: DVBE Participation Incentive cannot displace a direct award to a California certified Small Business or a California certified Micro Business).

16. 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 including, GenAI from third parties or subcontractors.

C. The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder. Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder. Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

D. Upon receipt of a Bidder GenAI Reporting and Factsheet (STD 1000), the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

The remainder of this page is intentionally left blank.

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, tools, materials, equipment, and travel necessary to perform scheduled preventative maintenance and as-needed unscheduled repair services for various forklifts, pallet jacks, and other miscellaneous equipment at various DMV locations identified in Exhibit F, for the term of this Agreement.

2. The services shall be performed at various DMV locations: See Exhibit F.

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. The services shall be performed during the following timeframes:

A. Scheduled preventative maintenance services shall be performed one (1) time per month, during DMV operational hours, except state holidays. In the event that preventative maintenance cannot be performed during normal DMV operational hours, the Contractor shall notify and obtain approval from the DMV Project Manager or their designated representative prior to the performance of the preventative maintenance.

B. Unscheduled repairs and service calls shall be provided as needed or on an “on-call” basis, Monday through Friday, during DMV operational hours, except state holidays. The Contractor shall respond on-site to all service calls within twenty-four (24) hours of being notified by the

DMV.

C. Operational hours for each location are listed in the table below:

OPERATIONAL HOURS – MONDAY THROUGH FRIDAY

Location Hours

1. DMV - Headquarters (Dock) Operational Hours 7:00 a.m. through 3:30 p.m.

2. DMV - Outgoing Mail Operational Hours 6:00 a.m. through 5:00 p.m.

3. DMV - Facilities Operational Hours 7:00 a.m. through 5:00 p.m.

4. DMV - Mail Processing Center Operational Hours 5:00 a.m. through 10:00 p.m.

5. DMV - Printing Services Operational Hours 5:00 a.m. through 5:00 p.m.

6. DMV - Materials Warehouse Operational Hours 7:00 a.m. through 3:30 p.m.

D. Operational hours are subject to change. The Contractor shall be notified in writing at least thirty (30) days prior to changes in operational hours by the DMV Project Manager.

The remainder of this page is intentionally left blank.

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

Department of Motor Vehicles Headquarters East Building (Dock) Primary Contact

Contractor Name (TBD)

Name: TBD Name: TBD

Phone: TBD Phone: TBD

Email: TBD Email: TBD

Headquarters East Building (Outgoing Mail)

Name: TBD

Phone: TBD

Email: TBD

Facilities Unit (Basement)

Email: TBD

Mail Processing Center (MPC)

Email: TBD

Printing Services

Email: TBD

Materials Warehouse – Primary Contact

Email: TBD

6. The Contract Administrators during the term of this Agreement shall be:

Department of Motor Vehicles Contractor Name (TBD)

Name: Jennifer Perez Name: TBD

Address: 2415 First Avenue, MS: E112 Sacramento, CA 95818

Address: TBD

Phone: (916) 818-2854 Phone: TBD

Email: Jennifer.Perez2@dmv.ca.gov 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. General

(1). The Contractor shall perform preventative maintenance, and unscheduled as-needed repair services for all equipment identified in Exhibit F of this Agreement to ensure that the equipment remains in the proper operating (optimal) condition.

(2). The Contractor shall perform all services to comply with the original equipment manufacturer’s specifications and safety requirements. The Contractor shall not remove or bypass any safety devices in order to facilitate the repair and operation of the equipment.

(3). The Contractor shall have resources of technical expertise available to its service technicians to aid in the resolution of mechanical, electrical, hydro, and/or computer control device problems that may occur with the equipment. The Contractor shall have a backup technical assistance function that can be called upon by the Contractor’s service technicians.

(4). When necessary for the Contractor to bring a representative or technical assistant from the original equipment manufacturer to the DMV location where the equipment is located, all costs shall be incurred by the Contractor.

(5). This Agreement does not cover the purchase or installation of attachments or modifications of the equipment for the purpose of updating the equipment or changing its function.

(6). This Agreement does not cover service, repair, or replacement of parts, attachments, or modifications of the equipment that is installed by anyone other than the Contractor during the term of this Agreement.

(7). This Agreement does not cover labor, parts, and expenses necessary to repair damage or equipment replacement costs caused by accident, fire, and water, unless such damage is due to the Contractor’s negligence or fault.

(8). The DMV may delete equipment at any time during the term of this Agreement. The Contractor shall be notified of any deletions.

mailto:Valerie.Roybal@dmv.ca.gov

(9). DMV equipment additions throughout the term of this Agreement shall be accomplished by way of an amendment to this Agreement.

B. Scheduled Preventative Maintenance Services

(1). The Contractor shall perform and complete preventative maintenance services within one (1) to three (3) business days on a regularly scheduled basis, which is designed to keep the equipment in proper operating condition.

(2). The Contractor shall perform preventative maintenance services on all equipment identified in this Agreement on a monthly basis beginning the first month this Agreement is in effect. The preventative maintenance services shall be coordinated with the DMV Project Manager or their designated representative and shall be performed so as not to interfere with the scheduling of work for the equipment.

(3). Preventative maintenance services shall be in accordance with the manufacturer’s performance specifications for each piece of equipment. The Contractor shall provide written guidelines of such schedules at the onset of this Agreement and whenever requested by the DMV Project Manager and/or their designated representatives.

(4). Preventative maintenance services shall include, but are not limited to: engine oil, engine filter, inspecting, cleaning, lubricating, adjusting, testing, replacement of unserviceable parts, battery watering of electrical equipment, and performing other maintenance as required to maintain the equipment in good working order.

a. Battery Watering services shall include but are not limited to: inspections of electrical forklifts and pallet jacks equipment to top off all battery water levels.

The Contractor may use the watering system and hose provided by the DMV or provide their own watering system. Do not overfill. After watering, the Contractor must secure the vent caps on the battery cells and clean up any water spills. The

Contractor shall provide their appropriate personal protective equipment (PPE), as needed.

(5). At all locations, preventative maintenance services shall begin when the Contractor signs in at the main office.

(6). The Contractor shall check in with the DMV Project Manager or their designated representative at each location to review the “Daily Inspection Sheets,” acknowledge notification of equipment issues by initialing next to each item and make a determination from the identified issues as to whether or not the equipment is safe to use or should be placed out of service.

(7). After the determinations have been made on the affected equipment, the Contractor shall clearly label the equipment with a tag or sign that states “Safe to Use” or “Out of Service/Do Not Use” on the equipment.

(8). When performing scheduled preventative maintenance and battery watering services, the Contractor shall notify the DMV Project Manager or their designated representative of all equipment parts that are determined to be unserviceable.

(9). Upon completion of each monthly scheduled preventative maintenance and battery watering service, the Contractor shall submit a work completion document, which includes details of all services that were performed, to the DMV Project Manager or their designated representative for approval. The DMV Project Manager or their designated representative must sign the work completion document verifying services were performed.

(10). The Contractor shall submit a copy of the signed work completion document(s) with their monthly invoice and a monthly summary identified as “Master Invoice” (see Exhibit G for sample).

C. As-Needed Unscheduled Repairs and Service Calls

(1). The Contractor shall provide unlimited on-call repair services on an “as-needed” basis on all equipment identified in Exhibit F. The Contractor shall provide repair services promptly after notification that the equipment is inoperative due to equipment failure or malfunction.

(2). The DMV Project Manager or their designated representative shall initiate the service call by notifying the Contractor via email or phone requesting for equipment service.

(3). The Contractor shall respond to the DMV Project Manager’s or their designated representative’s initial email or phone call request for equipment service no more than five (5) hours after notification of equipment malfunction if the call for service is placed between 7:00 a.m. and 3:30 p.m.

(4). Upon arrival for the service call, the Contractor shall sign in at the main office of each location, then contact the DMV Project Manager or their designated representative to discuss the service request and obtain information regarding the nature of the service call.

(5). Upon completion of each on-call service, the Contractor shall report the findings to the DMV Project Manager or their designated representative and submit a work order document to the DMV Project Manager or their designated representative for signature.

The work order document shall include the following information: manufacturer’s name, model number, serial number, DMV decal number, and the findings.

(6). If requested by the DMV Project Manager or their designated representative, the Contractor shall submit an estimate to repair the equipment, separately detailing the cost of parts and the cost of labor, at no additional cost to the DMV. The estimate shall identify the manufacturer’s name, model number, serial number, and the DMV decal number of the equipment being serviced.

(7). The repair estimate shall be approved by the DMV Project Manager or their designated representative before any service work begins.

(8). Repair work that cannot be completed by 3:30 p.m. shall be continued, with approval of the DMV Project Manager or their designated representative, commencing on the following business day at 7:00 a.m. There shall be no additional charge to the DMV for return visits. Calls made to the Contractor outside of the DMV’s normal operational hours shall be responded to by 12:00 p.m. of the next business day.

(9). When the Contractor is notified of equipment malfunction or failure, the machine shall not be operated unless the Contractor informs the DMV Project Manager or their designated representative that no further damage will result from the continued operation of the machine, or until the machine is properly repaired. The Contractor shall be responsible for all costs associated with machine damage resulting from operating malfunctioning equipment under the direction of the Contractor.

(10). The DMV shall purchase all necessary replacement parts from the Contractor or another vendor of DMV’s choice under a separate agreement for the Contractor to install. If the DMV elects to purchase replacement parts from the Contractor under a separate agreement, the Contractor shall charge the DMV no more than fifteen percent (15%) above the Contractor’s wholesale cost, plus tax, for replacement parts. The Contractor shall also be allowed to recover freight or shipping costs from the DMV for replacement parts with no allowance for mark-up.

(11). Replacement parts installed by the Contractor that fail, break, or do not perform properly as a result of the Contractor’s negligence or not being installed in accordance with all the manufacturers equipment installation requirements and/or all applicable federal, state, and local codes, regulations, standards and/or requirements, shall be replaced by the Contractor at no additional cost to the DMV.

(12). For all unscheduled repair services, the Contractor shall provide the DMV Project Manager or their designated representative with all documentation for replacement parts installed by the Contractor when submitting invoices.

(13). All unscheduled repairs and service calls shall be invoiced in accordance with the rates specified in Exhibit B and shall be invoiced in fifteen (15) minute increments calculated from time of arrival at the DMV to time of departure from the DMV.

D. Replacement Parts

(1). All parts shall meet or exceed specifications of the original equipment manufacturer and shall be new or equivalent to new in performance when used in the machines.

(2). Parts required for replacement due to malfunctions as a result of a breakdown not related to preventative maintenance, shall be individually listed and clearly identified as replacement parts on an estimate of repair, separate of labor charges, well in advance of work to be performed, to allow the DMV Project Manager or their designated representative ample opportunity to validate estimates and approve by signature for the work to be done.

(3). In the event the Contractor recommends using any part that is not produced by the original equipment manufacturer, the Contractor shall provide the following written information to the DMV Project Manager or their designated representative:

a. Why the original equipment manufacturer’s part can/should not be used.

b. How the use of the part that deviates from the manufacturer’s specifications will not interfere with the functioning of the machine, including software functioning.

c. What advantage will be gained from using parts not produced by the manufacturer.

d. When the manufacturer’s part will be available.

(4). The DMV Project Manager must provide written approval for the installation and use of parts not provided by the original manufacturer.

(5). All removed parts shall become the property of the Contractor, except when core charges were incurred by the DMV through a separate purchase agreement, in which case, the parts shall be left with the DMV Project Manager or their designated representative for the return of the core deposit.

(6). The Contractor shall maintain an adequate supply of commonly used parts, in adequate volume, to ensure that there is no unnecessary delay in obtaining such parts in order to bring the equipment back up to full operating efficiency. All worn or broken parts must be replaced within twenty-four (24) hours of notification of equipment failure. The Contractor shall acquire on an expedited basis (overnight delivery), any parts needed that are not stocked in order to limit machine downtime. During the term of this Agreement, the Contractor shall continue to maintain part(s) in sufficient quantity to cover all equipment that utilizes such parts at no additional cost to the DMV.

(7). If a part is not obtainable within twenty-four (24) hours, the Contractor must submit a written status to the DMV Project Manager or their designated representative providing the following information:

a. Why the product was not available.

b. Estimated time that the product shall become available and a time when equipment will be repaired. This information shall be provided in order to allow the DMV Project Manager or their designated representative to assess workload requirements and adjust priority processing as necessary.

(8). Except when replacement of parts is due to the fault of negligence of the DMV, commonly replaced parts shall be installed within twenty-four (24) hours of notification of equipment failure, except weekends and state holidays.

E. Battery Replacement

(1). If battery replacements are necessary during the term of this Agreement, the Contractor shall submit a repair estimate to the DMV Project Manager or their designated representative for approval. The Contractor shall supply and install replacement batteries on an as-needed basis. Disposal of old batteries shall be provided by the Contractor at no additional cost to the DMV. Batteries shall be disposed properly and in compliance with all laws, rules, and regulations related thereto. Batteries shall not be disposed of on DMV property. The Contractor shall invoice the DMV, using regular invoice procedures, for the purchase of batteries. The DMV shall reimburse the Contractor for the cost of batteries based on the repair estimate and subsequent invoice submitted. Old/used batteries shall become the property of the Contractor, except when core charges were incurred by the DMV through a separate purchase agreement, in which case the parts shall be left with the DMV Project Manager or their designated representative for the return of core deposit.

(2). With the exception of batteries and the listed preventative maintenance parts and supplies, this Agreement has no identified expendable operating parts or supplies.

F. Service Technicians/Mechanics

(1). The Contractor shall provide fully trained and qualified technicians/mechanics for the specific equipment and systems listed in Exhibit F. All of the Contractor’s technicians/mechanics assigned to the worksite during the term of this Agreement may be subject to the DMV security clearance requirements prior to them being admitted to the worksite.

(2). The DMV may require the Contractor to provide proof of technician(s)/mechanic(s) training certification, indicating the technician(s)/mechanic(s) assigned to provide service on the equipment covered under this Agreement are qualified to perform maintenance and repairs on the equipment, and meets the approval of the DMV Project Manager or their designated representative.

(3). The Contractor is solely responsible for ensuring that all technicians/mechanics are fully aware of all Occupational Safety and Health Administration (OSHA) Hazardous Communication Standards and are in compliance with the same standards while providing services under this Agreement.

G. Warranties

(1). The Contractor warrants that:

a. The services shall be performed promptly, with diligence, and in a competent and professional manner in accordance with the description of services in this Agreement and to the DMV’s satisfaction.

b. If the DMV believes that there is a breach of warranty, the DMV shall notify the Contractor, setting forth the nature of such claimed breach. The Contractor shall promptly investigate the claimed breach and shall either:

1. Provide information satisfactory to the DMV that no breach of warranty occurred or promptly take action as may be required to correct the breach.

OR

2. If a breach of warranty is based on an obligation that has not been corrected within forty-eight (48) hours, or if two (2) or more breaches of warranty occur within any thirty (30) day period, the DMV may terminate this Agreement.

H. Uniform Clothing and Safety Equipment

(1). The Contractor shall require all employees, including supervisors, to wear distinctive uniform clothing while performing services under this Agreement. The Contractor shall ensure that every employee and supervisor is in uniform when on site at a DMV office location. Uniform clothing shall clearly identify the Contractor’s name in a manner that is easily identifiable via permanently affixed badge or monogram.

(2). The Contractor shall require all employees, including supervisors, to wear protective gear such as: goggles/safety glasses, gloves, hats, masks, safety boots, respirators, and other items as required by Cal-OSHA, the Department of Industrial Relations (DIR), and other applicable laws, rules, and regulations pursuant to work of this nature and the hazards associated with the same.

I. Debris Disposal

(1). The Contractor shall adhere to all federal, state, and local laws in disposing of debris.

J. Loss/Damage

(1). The DMV shall be relieved from all risks of loss or damage to all equipment/parts during periods of transportation by the Contractor or the Contractor’s agent.

K. Trained Technicians

(1). Maintenance shall be performed by trained and qualified technician(s).

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoice and Payment

A. For 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 contract award based on Attachment 2, Cost Sheet), all taxes included, on a monthly basis 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 or maximum use of this Agreement.

B. In the event the Contractor fails to render services required under this Agreement on a required work day during a monthly service period during the term of this Agreement, the total amount the DMV will compensate the Contractor for services rendered during the service period shall be reduced. The total reduction per service period shall be calculated as follows:

(Total work days services required under this Agreement were not rendered during service period) divided by (Total number of required work days for the service period) multiplied by (the monthly service period rate) equals (Total reduction for the service period)

C. 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).

D. 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.

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

EXHIBIT B

2. Travel Reimbursement

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

3. Budget Contingency Clause

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…