24-177_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

24-177

INVITATION FOR BID

Notice to Prospective Bidders

August 29, 2024

You are invited to review and respond to this Invitation for Bid (IFB) entitled 24-177– Audio Visual Equipment Preventative Maintenance and Repair Services at the DMV Headquarters. 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:

CINDY HUYNH

Department of Motor Vehicles

Phone: (916) 818-2850 Email: Cindy.Huynh@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.

CINDY HUYNH

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. Prevailing Wage

4. Pre-Approved Equal Manufacturers/Brands

5. Schedule of Events

6. Mandatory Pre-Bid Conference

7. Written Questions

8. Submission of Bid

9. Bid Opening

10. Disposition of Bids

11. Evaluation and Selection

12. Notice of Contract Award

13. Standard Conditions of Service

14. Required Documents (Awarded Contractor)

15. Bid Preference(s)

16. Bid Incentive(s)

17. 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 – Noncollusion Declaration

EXHIBIT G – Standard California Nondiscrimination Construction Contract

EXHIBIT H – Drawing(s)

EXHIBIT I – Projector Lamp List

EXHIBIT J – Confirmation Report

EXHIBIT K – Audio Visual (AV) Equipment List

EXHIBIT L – Electronic & Projector Boards Inventory

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

The remainder of this page is intentionally left blank.

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 9 – GenAI Reporting & Factsheet

1. Purpose and Description of Services

A. Audio Visual Equipment Preventive Maintenance and Repair Services at the DMV Headquarters.

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 possess a valid C-7 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.

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. Prevailing Wage

A. In accordance with the provisions of Labor Code Sections 1770 - 1776, the bidder and their proposed subcontractor(s) shall adhere to the payment of prevailing wages as determined by the California Department of Industrial Relations (DIR) if the bidder’s total bid amount exceeds $1,000.00. The prevailing wage rate determinations can be downloaded from the DIR’s internet website at: http://www.dir.ca.gov. Copies of the DIR’s downloadable prevailing wage rate determinations are also on file at DMV Headquarters, and are available to any interested party on request. Additional questions regarding prevailing wage determinations shall be referred to the DIR’s Division of Labor Statistics and Research, Prevailing Wage Unit, at:

http://www.dir.ca.gov.

B. In the event the bidder’s total bid amount exceeds $25,000.00, the bidder and all subcontractors that the bidder intends to utilize to perform work under the contract, shall be a registered public works contractor with the DIR. The bidder shall provide proof of DIR registration for the bidder and all subcontractors that the bidder intends to utilize to perform wofrk under the contract with their bid. All bidder and subcontractor public works contractor registrations with the DIR shall be active from the time of the bid opening through the term of the contract, and shall remain active following the term of the contract until all certified payroll records in connection with the contract have been submitted to the DIR Labor Commissioner.

4. Pre-Approved Equal Manufacturers/Brands

A. For all materials, products, and/or items identified in Exhibit A, Scope of Work, that allow for a pre-approved equal manufacturer/brand, a bidder may submit a maximum of one (1) alternative manufacturer/brand per material/product/item identified for the DMV’s consideration. The bidder shall email alternative manufacturer/brand requests to the contact person identified on the cover page of this IFB no later than the date and time specified in the Schedule of Events for submitting written questions regarding this IFB. The DMV’s consideration of any alternative http://www.dir.ca.gov/ manufacturer/brand shall not be deemed as advance acceptance by the DMV. The DMV shall be the sole judge whether or not an alternative manufacturer/brand is considered equal, and may reject any submittal it deems inappropriate. The DMV’s decision shall be final.

5. Schedule of Events

Event Date Time

(1). IFB available to prospective bidders: 8/29/2024 N/A

(2). Mandatory pre-bid conference:

(Note: See additional info in Section 6.)

9/17/2024 10:00 a.m.

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

(Note: See additional info in Section 7.)

9/24/2024 1:00 p.m.

(4). Written responses to questions released by: 10/1/2024 4:30 p.m.

(5). Final date for bid submission:

(Note: See additional info in Section 8.)

10/8/2024 N/A

(6). Date of bid opening:

(Note: See additional info in Section 9.)

10/9/2024 10:00 a.m.

(7). Proposed start date of contract: 11/1/2024 or upon contract approval

N/A

6. Mandatory Pre-Bid Conference

A. A mandatory pre-bid conference is scheduled at DMV Headquarters (meet at the main lobby, security desk), 2415 First Avenue, Sacramento, CA 95818, for the purpose of discussing concerns regarding this IFB.

B. Potential bidders must be present at the designated meeting location notated above, at the time specified in the Schedule of Events. Potential bidders who are not at the designated meeting location at the specified time shall not be allowed to participate in the pre-bid conference.

C. Potential bidders must be present at the meeting location notated above, at the time specified in the Schedule Events, to sign in on the pre-bid conference sign in sheet at the mandatory pre-bid conference in order to be eligible to submit a bid. Signing in on the pre-bid conference sign in sheet shall be the only acceptable proof that a potential bidder attended the pre-bid conference.

Signing in on a building security/visitor log, providing a business card, or providing any other type of proof shall not be considered as acceptable proof of attending the pre-bid conference. If a bid is submitted by a potential bidder who failed to sign in on the pre-bid conference sign in sheet, the bid shall remain unopened and be returned to the bidder.

D. In the event a potential bidder is unable to attend the mandatory pre-bid conference, an authorized representative may attend on their behalf. The representative may only sign in for one (1) company. Subcontractors may not represent a potential bidder at a mandatory pre-bid conference. No bid shall be accepted unless the potential bidder or their authorized representative signed in on the pre-bid conference sign in sheet at the mandatory pre-bid conference.

E. Potential bidders who need assistance to attend the pre-bid conference due to a physical impairment, a reasonable accommodation shall be provided by the DMV upon request. The potential bidder must contact the contact person indicated on the cover page of this IFB package no less than five (5) DMV business days prior to the scheduled date and time of the pre-bid conference to arrange for a reasonable accommodation.

7. 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.

8. 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 # 24-177 for CINDY HUYNH for Audio Visual Equipment Preventive Maintenance and Repair Services HQ Due: 10/8/2024

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 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.

mailto:DMVBIDS@dmv.ca.gov

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.

9. 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.

10. 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.

11. 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. Following the time of the bid opening, and prior to award of the contract, the DMV reserves the right to request that any bidder submit substantiation data to verify that the materials, products, items, and equipment to be incorporated into the work by the bidder shall equal or exceed the class or quality of the materials, products, items, and equipment that are designated within Exhibit A. When requested by the DMV, a bidder shall provide the DMV with all requested substantiation data within two (2) calendar days following DMV’s request. The DMV reserves the right to reject any bidder proposed materials, products, items, and equipment that the DMV has determined does not equal or exceed the class or quality of the materials, products, items, and equipment that are designated in Exhibit A.

F. 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.

G. 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.

H. 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.

I. 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.

12. Notice of Contract Award

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

13. Standard Conditions of Service

A. Following the release of the written notice of contract award, the DMV shall email 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 and the awarded contractor 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.

14. 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.

(3). Payment Bond

a. Per Public Contract Code Section 7103, the awarded contractor shall provide a payment bond equal to one-hundred-percent (100%) of the total amount payable under the contract if the awarded contractor’s total bid amount exceeds $25,000.00. The payment bond must be printed on Standard Form 807 (STD 807), and must include the contract number and the description of work to be performed under the contract. The payment bond must be executed by the Contractor and a corporate surety authorized to transact a general surety business in the State of California.

15. Bid Preference(s)

A. The following preferences are applicable to this IFB:

(1). Small Business Enterprise (SBE) Preference

a. SBE Program info 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 info 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).

16. 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).

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17. 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.

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 quarterly inspection and preventive maintenance services and unscheduled “as needed” repair services on conference room audio visual (AV) equipment and various electronic and projector boards at DMV Headquarters for the term of this Agreement. The Contractor shall diagnose, repair, and program as necessary to provide fully functioning AV systems. The Contractor is responsible for field verifying all dimensions and existing site conditions pertinent to this Agreement.

2. The services shall be performed at the DMV Headquarters:

A. Building East, 2415 First Ave, Sacramento, CA 95818.

(1). Conference Room 1B, 2F, 3F, 4F, 5F, 6th Floor Assembly Room and Director’s Conference Room (reference Exhibit H, drawings A2 – A7), and various electronic boards located as noted in Exhibit L (reference Exhibit H, drawings A11 – A16).

B. Building West, 2570 24th Street, Sacramento, CA 95818.

(1). Conference Room C-17-3W (reference Exhibit H, drawing A8), and various electronic boards located as noted in Exhibit L (reference Exhibit H, drawings A17 and A18).

C. 28th & Broadway, 2730 Broadway, Sacramento, CA 95818.

(1). Various electronic boards located in Conference Rooms 117, 118 and 208 as noted in Exhibit L (reference Exhibit H, drawings A19 – A20).

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:

A. Scheduled Quarterly Inspection and Preventive Maintenance Services

(1). All scheduled quarterly inspections and preventive maintenance services shall be performed on Saturday or Sunday starting at 8:00AM and continue until work is complete. Scheduled quarterly inspections and preventive maintenance services shall begin the first month of this Agreement unless prior approval is obtained from the DMV Project Manager. All work dates and times shall be approved by the DMV Project Manager before work is performed.

B. Unscheduled Repair Services

(1). All unscheduled repair services performed during normal DMV business days and hours (Monday through Friday between 8:00AM and 5:00PM), shall be approved by the DMV Project Manager.

(2). All unscheduled repair services performed outside of DMV business hours (Monday – Friday, 5:00PM – 8:00PM), shall be approved by the DMV Project Manager.

(3). All unscheduled repair services performed outside of DMV business days and hours (Saturday - Sunday and State Holidays, 8:00AM – 8:00PM), shall be approved by the DMV Project Manager.

(4). Unscheduled repair service may require immediate response if required by the DMV Project Manager. Response time shall not exceed seventy-two (72) hours.

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

Department of Motor Vehicles Contractor Name (TBD)

Name: TBD Name: TBD

Phone: TBD Phone: TBD

Email: TBD Email: TBD

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

Department of Motor Vehicles Contractor Name (TBD)

Name: TBD Name: TBD

Address:

TBD Address:

TBD

Phone: TBD Phone: TBD

Email: TBD Email: TBD

7. In the event of any changes to the name, address, and/or contact information for the Project Managers and/or Contract 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 be factory authorized to work on the audio visual systems and components listed in the Audio Visual (AV) Equipment List in Exhibit K and Electronic & Projector Boards Inventory List in Exhibit L. It shall be the sole responsibility of the Contractor to provide proof of authorization if requested by the DMV Project Manager.

(2). Unscheduled repairs include the replacement of projector lamps, and repair or replacement of all non-functioning system hardware, and reprogramming of software as required to return components to a fully functioning system.

B. Preventive Maintenance

(1). The Contractor shall perform the following scheduled preventative maintenance services of all audio visual (AV) equipment and various electronic and projector boards on a quarterly basis (one [1] time every three [3] months) beginning the first month of the executed contract, services include, but are not limited to, the following.

a. Proper lubrication as appropriate; tighten fasteners; calibration; adjustments;

clean all debris and dust from equipment; fully operate all functions to assure a fully functioning system; and diagnose, adjust, modify and repair program problems that can be remedied within one (1) hour.

b. Exhibits K and L are the Audio Visual Equipment Lists, and various electronic and projector boards identified by location. The DMV does not guarantee that all equipment is listed; however, this list does provide main components. The Contractor shall use this list as guidance only. It shall be assumed that all components connected or associated with the AV systems shall be included as a part of this Scope of Work, whether noted or not, for a fully functioning system.

Various hardware is known to be located in areas other than the immediate equipment racks or closets. Hardware is known to be located above or below ceiling space.

C. Replacement

(1). All replacement materials and hardware shall be new or refurbished as approved by the DMV Project Manager. All materials and hardware shall be system compatible.

(2). The DMV may purchase all necessary replacement materials and hardware from the

Contractor or another contractor of DMV’s choice under a separate agreement for the Contractor to install as “Unscheduled Repair” and invoiced at the hourly rate identified in Exhibit B.

(3). The Contractor shall not be responsible for any service delays when the DMV elects to obtain replacement materials and hardware from other sources. The Contractor shall not install any replacement materials and hardware without prior approval from the DMV Project Manager.

(4). Replacement materials and hardware installed by the Contractor that fail, break, or do not perform properly due to not being installed in accordance with equipment manufacturer requirements, all applicable standards, codes, and regulations, shall be replaced by the Contractor at no cost to the DMV.

D. Unscheduled Repair Programming

(1). Programing shall be provided to the DMV Project Manager by means of CD, DVD, flash drive or other transferrable media acceptable to the DMV Project Manager within five (5) days; emailed within twenty-four (24) hours. If the Contractor does not support the programming, the Contractor shall be responsible for subcontracting these services to an appropriate source in order to provide the DMV with all programming and to provide a fully functioning system. Programming shall be considered “Unscheduled Repair Service” and be billed at the hourly rates identified in Exhibit B.

(2). All existing and newly installed programming shall be the property of the State of

California and the DMV. The Contractor shall retain copies of all programming data for their use. Providing the DMV with programming data shall be considered as “Unscheduled Repair” and invoiced at the hourly rate identified in Exhibit B.

E. Equipment Cooling Fans

(1). The Contractor shall provide the DMV Project Manager with a complete list of replacement cooling fans for each component within ninety (90) days of executed Agreement or upon scheduled quarterly inspection and preventive maintenance service.

The list shall include manufacturer, model number, cost, and estimated time of arrival.

The DMV Project Manager reserves the right to accept or reject any or all portions of the equipment cooling fan proposal.

(2). The purchase of any equipment cooling fans shall be provided under a separate agreement. Equipment cooling fan costs shall be subject to cost break-down as specified.

F. Training and Other Equipment

(1). Providing training and other equipment instructions shall be considered an unscheduled repair that shall be conducted Monday through Friday between 8:00AM and 5:00PM.

The Contractor shall completely fill out, sign, and submit to the DMV Project Manager, the enclosed Confirmation Report in Exhibit J or approved equal. The Contractor shall submit the Confirmation Report with each service invoice. Invoices shall not be paid until the DMV receives the properly filled out Confirmation Report.

G. Factory Trained Personnel

(1). The Contractor shall have factory trained personnel and qualified technicians on staff to perform required equipment maintenance services under this Agreement. The Contractor, upon request, shall be required to furnish proof of training from the manufacturer.

H. Invoices of Unscheduled Repair Services

(1). All Unscheduled Repairs shall be invoiced in accordance with the rates provided in Exhibit B and shall be invoiced in thirty (30) minute increments calculated from time of arrival at the DMV to time of departure from the DMV.

(2). The DMV does not guarantee a minimum number of hours for unscheduled repair services for the term of this Agreement.

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoice and Payment

A. F 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 rates specified in the table below (to be inserted by the DMV after award based on Attachment 2, Cost Sheet), all taxes included, in arrears. The total compensation for all services performed under this Agreement shall not exceed $____ (to be completed by the DMV). This is the sole basis for payment. The DMV does not guarantee a minimum or maximum use of this Agreement.

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

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

(2). Name, address, and telephone number of the DMV representative 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). Itemized descriptive list of services for which the DMV is being billed.

(8). Total amount invoiced. The total amount invoiced shall be clearly distinguished from other figures or computations appearing on the invoice. The total amount invoiced shall include all costs incurred by the Contractor under the terms of this agreement.

C. 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 a contract amendment to the Contractor to reflect the reduced amount.

mailto:ACCT_INV@dmv.ca.gov

EXHIBIT B

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 Agreement.)

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). When an emergency situation arises which requires the closure of the DMV facility.

(2). 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.

(3). 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). In the event that the Contractor fails to complete required work within the time frame specified or agreed upon under this Agreement, the DMV shall be entitled to $500.00 per day as liquidated damages for each day the work remains incomplete beyond the time frame specified or agreed upon.

B. The Contractor shall not be assessed liquidated damages when delays in completing work is caused by the failure of the DMV or the owner of a utility to provide for removal or relocation of existing utility facilities.

C. 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 employees from a DMV work site.

9. Multiple Contractors

A. The DMV may undertake or award other Agreements 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 listed in the Contractor’s bid unless the provisions of Public Contract Code Section 4107(a) apply, a hearing is held (if required), and the DMV consents to the substitution.

B. Per Public Contract Code Section 4107(b), the Contractor shall not permit a subcontract to be voluntarily assigned or transferred, and the Contractor shall not allow the subcontract to be performed by anyone other than the original subcontractor listed in the Contractor’s bid, unless prior written approval is obtained from the DMV.

C. Per Public Contract Code Section 4107(c), the Contractor shall not sublet or subcontract any portion of work in excess of one half of one percent (0.5%) of the Contractor’s total bid that the Contractor failed to designate a subcontractor.

D. 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.

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

F. 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.

G. 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…