24-156_IFB.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

24-156

INVITATION FOR BID

Notice to Prospective Bidders

August 1, 2024

You are invited to review and respond to this Invitation for Bid (IFB) entitled 24-156 – Quarterly Preventative Maintenance and Inspection Services and Non-scheduled Repair Services for Five (5) Manitowoc Ice Machines at the DMV Headquarters and the DMV Sacramento Depot Call Center 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:

Julie Phang Department of Motor Vehicles

Phone: (916) 818-2855 Email: julie.phang@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.

Julie Phang 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 – Drawings

➢ 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 Civil Rights Laws Certification

➢ ATTACHMENT 7 – GenAI Reporting & Factsheet

BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

A. Quarterly preventative maintenance and inspection services and non-scheduled repair services for five (5) Manitowoc ice machines at the DMV Headquarters and the DMV Sacramento Depot Call Center locations. Term: Twenty-Four (24) months with a DMV option to extend for twelve

(12) months additional (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. 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.

B. The bidder shall possess a valid C-38 contractor license issued by the California Department of Consumer Affairs, Contractors State License Board (CSLB). All subcontractors that the bidder intends to utilize to perform work under the contract shall possess all applicable contractor licenses for the work they shall perform under the contract. The bidder’s contractor license number shall be indicated on the Bid/Bidder Certification Sheet (Attachment 1). The names of all subcontractors that the bidder intends to utilize and their contractor license number (if applicable) shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor contractor licenses shall be in good standing from the time of the bid opening through the term of the contract.

3. Schedule of Events

Event Date Time

(1). IFB available to prospective bidders: 8/1/2024 N/A

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

(Note: See additional info in Section 4.)

8/21/2024 10:00AM

(3). Written responses to questions released by: 8/27/2024 4:00PM

(4). Final date for bid submission:

(Note: See additional info in Section 5.)

9/3/2024 10:00AM

(5). Date of bid opening:

(Note: See additional info in Section 6.)

9/3/2024 2:30PM

(6). Proposed start date of contract: 11/1/2024 or upon contract award

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 be sent to the email address listed above and contain the following information in the Subject Line only:

a. Bid # 24-156 for Julie Phang for Manitowoc ice machines quarterly preventative maintenance and inspection services. Due: September 3, 2024 by 10:00AM

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.

mailto:DMVBIDS@dmv.ca.gov

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.

mailto:OLSProtests@dgs.ca.gov

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.

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 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 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 quarterly preventative maintenance and inspection services and non-scheduled repair services for five (5) Manitowoc ice machines at the DMV Headquarters and the DMV Sacramento Depot Call Center locations for the term of this Agreement.

2. The services shall be performed at:

A. DMV Headquarters

(1). 2415 First Avenue Sacramento, CA 95818.

(2). 2570 24th Street, Sacramento, CA 95818.

B. DMV Sacramento Depot Call Center

(1). 8251 Demetre Avenue, Sacramento, CA 95828.

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 DMV’s business hours, Monday through Friday, 8:00 a.m. to 11:00 a.m. and 1:30 p.m. to 4:30 p.m. (excluding state holidays) except for the DMV Headquarters Cafeteria, which shall occur after 1:30 p.m. unless otherwise arranged in writing with the DMV Project Manager. All work dates and times must be approved by the DMV Project Manager before work is performed. The Contractor and the DMV Project Manager shall jointly schedule the work to occur during the term of this Agreement.

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

Department of Motor Vehicles Contractor Name (TBD)

Name: Julie Phang Name: TBD

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

Address: TBD

Phone: (916) 818-2855 Phone: TBD

Email: julie.phang@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 provide quarterly preventative maintenance and inspection services as noted below, and non-scheduled repair services as needed for the five (5) Manitowoc ice machines.

B. DMV Equipment

DMV HEADQUARTERS QUANTITY MODEL SERIAL NUMBER

Building East, Grab n Go 1st Floor 1 KYT0300A-161 1120468689

Building East, Dining Area 1st Floor 1 IYT02420A-161 1120611231

Building East, Cafeteria 1 QY1804A 030360284

Building West, 1st Floor 1 5Y-0504A 110631246

DMV SACRAMENTO CALL CENTER QUANTITY MODEL SERIAL NUMBER

DMV Sacramento Call Center 1 SPA-310A

SY-0454A

610085532

110999959

C. Scheduled Quarterly Preventative Maintenance and Inspection Services

(1). The Contractor shall perform quarterly preventative maintenance and inspection services four (4) times per year, (one [1] time) for each of the four (4) ice machines located in Building East and West (once every three (3) months) and four (4) times per year (one [1] time) for one (1) machine located at the DMV Sacramento Depot Call Center (once every three (3) months).

(2). The quarterly preventative maintenance and inspection service shall include but is not limited to the services listed below.

a. The Contractor shall submit a written report of all inspections and findings for each of the four (4) ice machines located at the DMV Headquarters Building East, West and one (1) ice machine located at the DMV Call Center including associated hoppers to the DMV Project Manager following each service.

b. The Contractor shall physically inspect all covered equipment and shall use experience and knowledge of Manitowoc ice machines/water dispensers to determine:

1. General operating condition.

2. Development of potential problems.

3. General efficiency.

c. The Contractor shall provide and install all replacement water filters. The Contractor shall provide and replace all replacement water filters at no additional cost to the DMV.

d. The Contractor shall inspect, clean, and sanitize five (5) Manitowoc ice machines and associated hoppers, including all waste/discharge tubing and piping, condensation pans, condenser coils, evaporator coils and all associated mechanical components, and associated floor sinks, using standard practices for Q-Type and S-Type ice makers as applicable. Condensers shall be cleaned with CO2. Ice makers and water reservoirs shall be cleaned and sanitized with Manitowoc approved cleaners.

e. The Contractor shall use cleaner/sanitizer for tubing, piping and floor sinks that are “Green, non-toxic and biodegradable”.

f. The Contractor shall verify proper operation of water inlet valve and water dump valve.

g. The Contractor shall inspect electrical connections, contacts, starting components and fan motors.

h. The Contractor shall check refrigerant charge and system for potential leaks.

i. The Contractor shall replace water filters as follows:

1. Water filters located in DMV Headquarters Building East, West shall be replaced every three (3) months with three (3) Everpure i2000 Filter Units EV9612-22 (DMV Headquarters employee access), two (2) Filter Units CFS9112-S (DMV Headquarters Cafeteria) or preapproved equivalent.

2. One (1) Filter Unit EV9612-22 located at the DMV Sacramento Call Center shall be replaced every three (3) months with one Everpure i2000 Filter Unit or pre-approved equivalent; and wash or replace all air filters as needed to maintain factory specifications and proper performance. In the event the Contractor requests a substitution, the Contractor shall be responsible for providing the proper filter and mount onto filter assembly at no additional cost to the DMV. In the event the DMV Contract Manager approves a substitution, it shall be the sole responsibility of the Contractor to verify proper mounting to the assembly. If filter(s) are substituted and it is discovered that they do not properly fit the existing assembly, it shall be the sole responsibility of the Contractor to remove and replace the assembly at no additional cost to the DMV.

j. The Contractor shall dispose of all waste products from cleaning/sanitizing and filter replacements in an approved manner offsite at the Contractor’s expense.

k. The Contractor’s service technician shall notify the DMV Project Manager in writing if there are any problems with the units.

1. The Contractor’s written notification to the DMV Project Manager shall include details regarding the nature of the required repair in the event that the routine quarterly preventative maintenance service will not keep the unit in satisfactory operating condition.

D. Non-Scheduled Repair Services

(1). Within twenty-four (24) hours of being contacted by the DMV, the Contractor shall respond with a qualified technician onsite at the DMV to perform necessary repairs to bring the malfunctioning equipment to full operating condition. The DMV does not guarantee a minimum number of hours for non-scheduled repair services for the term of this Agreement.

(2). The Contractor shall notify the DMV Project Manager if any replacement parts are needed to complete the non-scheduled repair services.

(3). The Contractor shall be allowed to recover freight or shipping costs from DMV for replacement parts with no allowance for mark-up.

(4). The Contractor shall not be responsible for any service delays when the DMV elects to obtain replacement parts from other vendors.

(5). Replacement parts installed by the Contractor that fail, break or do not perform properly due to not being installed in accordance to all equipment manufacturer requirements, all applicable standards, codes, and regulations, and all local, city, county , state and federal requirements, shall be replaced by the Contractor at no cost to the DMV.

(6). The Contractor shall provide the DMV Project Manager with all documentation provided with replacement parts installed by the Contractor.

(7). The Contractor shall not install any replacement parts while performing scheduled inspection and maintenance services without prior approval from the DMV Project Manager.

E. DMV Equipment Repairs

(1). In the event that preventative maintenance shall not keep a piece of DMV equipment in satisfactory operating condition, the DMV may enter into a separate agreement with a vendor of DMV’s choice to obtain necessary repair services.

F. DMV Equipment Parts

(1). Malfunctioning DMV equipment parts shall be replaced by the Contractor with new equipment parts provided by the Contractor or another vendor of DMV’s choice under a separate agreement for the Contractor to install under this Agreement. If the DMV elects to purchase replacement parts from the Contractor under a separate agreement, the Contractor shall charge the DMV no more than 15% above the Contractor’s wholesale cost, plus tax, for replacement parts. The Contractor shall provide the DMV Project Manager with written evidence of all Contractor parts costs as back-up documentation to the mark-up fee charged to the DMV by the Contractor. The Contractor shall also be allowed to recover freight or shipping costs from the DMV for replacement parts with no allowance for mark-up. Replacement equipment parts installed by the Contractor that fail, break, or do not perform properly due to not being installed in accordance to all equipment manufacturer requirements, all applicable standards, codes, and regulations, and all local, city, county, state, and federal requirements, shall be replaced by the

Contractor at no cost to the DMV.

G. DMV Equipment Deletions

(1). DMV Equipment deletions throughout the term of this Agreement shall be accomplished by way of an agreement amendment.

H. Service Calls

(1). The Contractor shall respond to equipment maintenance and/or repair service calls placed by the DMV during regular DMV business hours (8:00AM to 5:00PM, Monday through Friday, excluding State holidays). The Contractor shall also respond to equipment repair service calls placed by the DMV outside of regular DMV business hours Monday through Sunday, including State holidays. When the DMV places a service call to the Contractor during regular DMV business hours, the Contractor shall begin performing services at the DMV within nine (9) DMV business hours following DMV’s service call. When the DMV places a service call to the Contractor outside of regular DMV business hours, the Contractor shall begin performing services at the DMV within two (2) hours following DMV’s service call.

I. Trained Technicians

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

J. Warranty

(1). Quarterly Preventative Maintenance and Inspection Services: Any ice machines substituted by the DMV shall be maintained and inspected by the Contractor as part of the original allowance of five (5) ice machines. The Contractor shall take precautions not to void factory warranties by work performed under this Agreement. The Contractor may be liable for voiding any factory warranties.

(2). Non-Scheduled Repairs: The Contractor shall warrant all parts and repairs against any defects or workmanship as prescribed by the equipment manufacturer.

a. The term of the warranty for labor shall be a minimum of one (1) year.

b. The term of the warranty for replacement parts shall be a minimum of one (1) year or prescribed by the manufacturer, whichever is longer.

K. 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 ensure 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 identifiable via a permanently affixed badge or monogram.

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), the DMV agrees to compensate the Contractor in accordance with the item costs identified in the table(s) below, all taxes included, in arrears. For all non-scheduled services performed by the Contractor throughout the term of this Agreement, the DMV shall compensate the Contractor the applicable hourly rate specified in the table below prorated in fifteen (15) minute increments. The DMV shall only compensate the Contractor for non-scheduled services from the Contractor’s time of arrival at the DMV worksite through the Contractor’s time of departure from the DMV worksite on each working day. The DMV shall not compensate the Contractor for travel to and from the DMV worksite. The total compensation for all services performed under this Agreement shall not exceed $________ (to be completed by the DMV.

A. SCHEDULED QUARTERLY PREVENTATIVE MAINTENANCE AND INSPECTION SERVICES

ITEM # MODEL SERIAL NUMBER COST PER QUARTER

A1 KYT0300A-161 1120468689 $ TBD

A2 IYT02420A-161 1120611231 $ TBD

A3 QY1804A 030360284 $ TBD

A4 5Y-0504A 110631246 $ TBD

A5

SPA-310A

SY-0454A

610085532

110999959

$ TBD

B. NON-SCHEDULED REPAIR SERVICES

ITEM # DESCRIPTION

COST PER

HOUR

ESTIMATED

NUMBER OF

HOURS FOR

CONTRACT

TERM

ESTIMATED

TOTAL

COST

B1

Non-Scheduled Repair Services during normal DMV business days and hours, Monday through Friday, between 8:00 am to 11:00 a.m. and 1:30 p.m.

to 4:30 p.m. except for the DMV Cafeteria, which shall occur after 1:30 p.m.

$TBD x 80 = $TBD

B2 Non-Scheduled Repair Services outside of DMV business hours, Monday through Sunday, including state holidays.

$TBD x 30 = $TBD

Note: Item quantities within this table are estimated. The DMV does not guarantee a minimum number of total hours for non-scheduled repair services for the term of the 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: ACCT_INV@dmv.ca.gov

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).

mailto:ACCT_INV@dmv.ca.gov

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 difficult 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). The DMV may deduct an amount equal to liquidated damages incurred by the Contractor from any monies due or that may become due the Contractor under this Agreement.

B. In addition to any other remedy available under this Agreement or applicable law, the DMV may recover amounts owed to the DMV by the Contractor as liquidated damages from amounts otherwise owing by DMV to the Contractor by disputing one or more Contractor’s invoices and withholding payment. In the event that the Contractor incurs any outstanding liquidated damages assessments with the DMV under this Agreement or any other agreement between the DMV and the Contractor, the Contractor may not be awarded any future DMV contracts until the outstanding assessments have been paid to the DMV.

4. Incorporation by Reference

A. The DMV solicitation and all required documents and quotations submitted by the Contractor, pursuant to and prior to execution of this Agreement, are incorporated by reference and made a part of this Agreement. In the event of a conflict between the Agreement language and the language of any document(s) so incorporated, the Agreement language shall prevail.

5. Contractor Name Change and Assignment

A. Name Change

(1). An amendment to this Agreement is required to change the Contractor’s name as specified in this Agreement. Upon receipt of legal documentation of a name change, the DMV shall process a formal written amendment to this Agreement to change the Contractor’s name. Invoices for work/services performed prior to execution of a written amendment to this Agreement for a name change must be submitted under the Contractor’s name as currently specified in this Agreement in order to be paid.

B. Assignment

(1). This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the DMV in the form of an approved written amendment to this Agreement. Upon receipt of official documentation justifying an assignment (e.g.

certified filing from the California Secretary of State, sales agreement signed by both parties, Notice of Assignment signed by both parties), the DMV may process a formal written amendment to assign this Agreement. The Contractor must continue to provide all work/services required under this Agreement prior to execution of a written amendment to this Agreement for an assignment. Invoices for services performed prior to execution of a written amendment to this Agreement for an assignment must be submitted under the assigning Contractor’s name as currently specified in this Agreement in order to be paid.

6. Availability of Funds

A. This Agreement is subject to any restrictions, limitations, or conditions enacted by the Legislature which may affect the provisions, terms, or funding of this Agreement in any manner.

7. State Holidays and Furlough Days

A. The DMV observes the state holidays identified at website: http://www.calhr.ca.gov. Offices will be closed if any holiday falls on or is observed on a weekday, unless otherwise stated.

B. In the event that furlough days are implemented, changed, or cancelled at any time throughout the term of this Agreement, the DMV shall notify the Contractor in writing.

8. Right to Bar

A. The DMV reserves the right to bar any Contractor‘s employee from a DMV work site.

9. Multiple Contractors

A. The DMV may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with other contractors and State employees.

10. Subcontractors

A. The Contractor shall not substitute any subcontractor identified in the Contractor’s bid or add any subcontractor not identified in the Contractor’s bid without prior written approval from the DMV Project Manager. The Contractor shall submit the names of all subcontractors to be utilized during the term of this Agreement to the DMV Project Manager.

B. All subcontractors engaged in work under this Agreement shall be considered as employees of the Contractor. The Contractor shall give personal attention to fulfillment of this Agreement and shall keep the work under the Contractor’s control. When any subcontractor fails to complete a portion of the work in a manner satisfactory to the DMV, the Contractor shall correct the defective work or materials at no additional cost to the DMV.

C. All subcontractors shall possess the appropriate license for the work they perform under this Agreement.

D. All subcontractors utilized to perform services under this Agreement shall be covered by the Contractor’s insurance or possess insurance equal to the policies, coverages, and limits required of the Contractor under this Agreement.

E. The DMV shall not entertain requests to arbitrate disputes among subcontractors or between the Contractor and subcontractors concerning responsibility of performing any part of the work under this Agreement. The Contractor is responsible for all work performed under this Agreement.

11. Rejection

A. Should any portion of the work done or any materials, articles, or equipment delivered fail to comply with the requirements of this Agreement, such work, materials, articles, or equipment shall be rejected, and shall immediately be made satisfactory to the DMV Project Manager by the Contractor at no additional cost to the DMV. In the event the Contractor fails to take necessary steps to ensure future conformity with the requirements of this Agreement, the DMV shall have the right to:

(1). Procure services required by this Agreement and charge the Contractor for the procured services.

AND/OR

(2). Terminate this Agreement.

12. Jurisdiction and Venue

A. Any civil action that arises out of or relates to this Agreement shall be brought in a court of competent jurisdiction of the State of California.

13. Dispute

A. Any dispute of fact arising under the terms of this Agreement, which is not resolved within a reasonable period of time as defined by the DMV Project Manager, shall be brought to the attention of the Chief Executive Officer (or designative representative) of each organization for joint resolution.