24-246_IFB_w_Adden.__1.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

24-246

INVITATION FOR BID

Notice to Prospective Bidders

November 14, 2024

You are invited to review and respond to this Invitation for Bid (IFB) entitled 24-246 – As-Needed Hazardous Material Investigation, Analysis, and Abatement/Remediation Project Services for Specific DMV Field Offices in the Southern California Region. 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:

Anne Mearlon Department of Motor Vehicles

Phone: (916) 818-2849 Email: anne.mearlon@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.

ANNE MEARLON

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 – Southern California Office Listing

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

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

➢ REQUIRED BID DOCUMENTS CHECKLIST

➢ ATTACHMENT 1 – Bid/Bidder Certification Sheet

➢ ATTACHMENT 2 – Cost Sheet

➢ ATTACHMENT 3 – Payee Data Record

➢ ATTACHMENT 4 – Bidder Declaration & Subcontractor/Supplier List

➢ ATTACHMENT 5 – Darfur Contracting Act

➢ ATTACHMENT 6 – California Disabled Veteran Business Enterprise Participation Requirement and Incentive

➢ ATTACHMENT 7 – California Civil Rights Laws Certification

➢ ATTACHMENT 8 – GenAI Reporting & Factsheet

BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

A. As-Needed Hazardous Material Investigation, Analysis, and Abatement/Remediation Project Services for Specific DMV Field Offices in the Southern California Region.

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 must be an environmental consulting firm.

B. The bidder must provide all required certified professionals listed below to perform as-needed services throughout the term of the contract (Note: The DMV will not consider or accept alternatives to the required certified professionals listed below). The bidder must directly employ no less than two (2) of the five (5) required certified professionals listed below from the time of the bid opening through the term of the contract (Note: It is acceptable for one (1) employee that holds two (2) of the professional designations below to meet this requirement).

All required certified professionals listed below that the bidder does not directly employ must be acquired by the bidder through subcontracting and must be identified on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). The bidder must provide a resume and proof of certification for all required certified professionals listed below with their bid. Bids that fail to include a resume and proof of certification for all required certified professionals listed below will be deemed non-responsive.

C. Required Certified Professionals:

(1). Certified Industrial Hygienist (CIH) - Certification must be provided by the American Board of Industrial Hygiene (ABIH).

(2). Certified Asbestos Consultant (CAC) - Certification must be provided by the California Department of Industrial Relations (DIR), Division of Occupational Safety and Health

(DOSH).

(3). Certified Site Surveillance Technician (CSST) - Certification must be provided by the California Department of Industrial Relations (DIR), Division of Occupational Safety and Health (DOSH).

(4). Certified Lead Inspector/Assessor (I/A) - Certification must be provided by the California Department of Public Health (CDPH).

(5). Certified Lead Project Monitor (PM) – Certification must be provided by the California Department of Public Health (CDPH).

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

3. Schedule of Events

Event Date Time

(1). IFB available to prospective bidders: 11/14/2024 N/A

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

(Note: See additional info in Section 4.)

11/21/2024 4:00PM

(3). Written responses to questions released by: 11/27/2024 4:00PM

(4). Final date for bid submission:

(Note: See additional info in Section 5.)

12/4/2024 N/A

(5). Date of bid opening:

(Note: See additional info in Section 6.)

12/5/2024 2:30PM

(6). Proposed start date of contract: 1/1/2025 or upon contract approval

N/A

4. Written Questions

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

http:/www.caleprocure.ca.gov.

5. Submission of Bid

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

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

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

a. Bid # 24-246 for ANNE MEARLON for CERTIFIED HYGIENIST SERVICES Due: DECEMBER 4, 2024

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

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

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

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

Any bid received after the specified due date shall be rejected.

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

mailto:DMVBIDS@dmv.ca.gov

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

Bids that are not accessible or legible may be rejected.

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

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

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

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

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

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

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

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

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

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

6. Bid Opening

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

7. Disposition of Bids

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

8. Evaluation and Selection

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

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

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

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

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

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

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

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

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

9. Notice of Intent to Award Contract

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

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

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

10. Protest

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

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

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

IFB.

11. Notice of Contract Award

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

12. Standard Conditions of Service

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

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

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

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

13. Required Documents (Awarded Contractor)

A. Prior to approval of the contract, unless otherwise specified below, the awarded contractor shall provide the DMV with all of the following required documents within ten (10) calendar days after the contract has been forwarded to the awarded contractor for signature. If the awarded contractor fails to provide the DMV with all of the following required documents within the above specified number of calendar days after the contract has been forwarded to the awarded contractor for signature, the DMV may deem the awarded contractor as non-responsive and may rescind the contract award:

mailto:OLSProtests@dgs.ca.gov

(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. Professional Liability

A. Coverage shall provide limits of not less than $1,000,000.00 per occurrence and $3,000,000.00 in the aggregate, covering any damages caused by a negligent error, act, or omission.

B. By signing the contract, the awarded contractor certifies that the carrier of any professional liability insurance required in the performance of the contract has knowledge of the awarded contractor’s extension of services to the DMV.

3. Worker’s Compensation

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

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

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

http://www.dgs.ca.gov (Note: Only California certified Small Business bidders and California certified Micro Business bidders can use a TACPA preference to displace another California certified Small Business bidder or California certified Micro Business bidder).

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.

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

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 as-needed hazardous material investigation, analysis, and abatement/remediation project services for specific DMV field offices in the Southern California Region for the term of this Agreement.

A. NOTE: DMV will NOT pay travel expenses (mileage, travel time, lodging, etc.) to the Contractor or its representatives for any site visits. These costs and expenses should be considered and included in the bid.

2. The services shall be performed at: DMV field office locations listed in Exhibit F.

3. Commencement of Work

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

4. The services shall be performed during DMV business hours, non-DMV business hours, or on weekends, unless prior approval is obtained from the DMV Project Manager. All work dates and times must be approved by the DMV Project Manager before work is performed:

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 Coordinators identified in this Exhibit, the party making the changes shall notify the other party in writing.

The remainder of this page is intentionally left blank.

8. The Contractor’s Certified Professionals during the term of this Agreement shall be:

Certified Industrial Hygienist (CIH) Name: TBD

Certified Asbestos Consultant (CAC) Name: TBD

Certified Site Surveillance Technician (CSST) Name: TBD

Certified Lead Inspector/Assessor (I/A) Name: TBD

Certified Lead Project Monitor (PM) Name: TBD

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

A. General

(1). DEFINITION OF ACRONYMS

Acronym Definition

A2LA American Association for Laboratory Accreditation

AIHA American Industrial Hygiene Association

AHERA Asbestos Hazard Emergency Response Act

DIR/DOSH

State of California Department of Industrial Relations, Division of Occupational Safety and Health (aka: Cal/OSHA)

CCR California Code of Regulations

CFR Code of Federal Regulations

ELAP Environmental Laboratory Accreditation Program

ELPAT Environmental Lead Proficiency Analytical Testing

EPA U.S. Environmental Protection Agency

HVAC Heating, Ventilation, and Air Conditioning

IDLH Immediately Dangerous to Life or Health

LEL Lower Explosion Limit

NIOSH National Institute of Occupational Safety and Health

NIST National Institute of Standards and Technology

NLLAP National Lead Accreditation Program

NVLAP National Voluntary Accreditation Program

ORM OSHA Reference Method

PCM Phase Contrast Microscopy

PELs Permissible Exposure Limits

TEM Transmission Electron Microscopy

Acronym Definition

TWA Time Weighted Average

XRF X-Ray Fluorescence

(2). HAZARDOUS MATERIALS

a. The Contractor shall investigate, test, and oversee the abatement/remediation of the following hazardous materials:

1. Asbestos

2. Lead

3. PCB

4. Silicates/Dust

5. Legionella

6. Mold/Fungus

7. Bacteria/Virus

8. Soil Contaminants

9. Water Petro/Chemical Substances

10. Biological/Chemical Materials

11. Workplace Pollutants

12. Unidentified Suspect Substances and Materials

(3). SAMPLES

a. Types

1. The Contractor shall collect and analyze samples of the following for potential presence of hazardous materials:

A. Water

B. Indoor Air

C. Soil

D. Building Materials

E. Other

b. Collection Methods

1. The Contractor shall utilize the following methods to collect samples as appropriate:

A. Plug

B. Core

C. Bulk

D. Low/High Flow Air Quality

E. IDHL Air

F. LEL Air

G. Comfort Parameter Direct Measurement (Temperature, Relative Humidity, Carbon Dioxide, and Carbon Monoxide)

H. XRF

I. PCM

J. PLM

K. Wipe

L. Tape Lift

M. Swab

N. TEM

O. Waste Characterization

P. Water

c. Analysis

1. The Contractor shall utilize federal and state accredited and/or certified laboratories to analyze collected samples. This includes, but is not limited to, the following:

A. Drinking water, wastewater, and hazardous waste analysis shall be performed by laboratories that are certified under the ELAP.

B. TEM air sample analysis and PLM bulk sample analysis shall be performed by laboratories accredited by the NIST, NVLAP, or

AIHA.

C. Lead sample analysis for paint, dust, and soil shall be performed by laboratories participating in the EPA’s NLLAP administered by the A2LA and the AIHA, and must participate in the ELPAT.

D. Microbial sample analysis shall be performed by accredited AIHA laboratories.

E. Total dust and respirable dust sample analysis shall be performed by an accredited ELAP/AIHA laboratory.

F. PCM analysis shall be performed by an accredited ELAP/AIHA laboratory.

(4). WORK REQUESTS

a. The Contractor shall respond to standard and emergency work requests as follows:

RESPONSE TYPE STANDARD EMERGENCY

On-Site Review of Work Within 5 Business Days Within 24 Hours

Submittal of Project Quote Within 5 Business Days Within 2 Hours

Start of Work From Notice To Proceed

Within 5 Business Days Within 24 Hours

(5) PROJECT ASSIGNMENTS

a. The DMV Project Manager shall assign a project number to each project and provide the Contractor with detailed project instructions. The Contractor shall provide the services at the costs identified in Exhibit B.

b. The Contractor shall provide the appropriate Certified Professional(s) to perform each assigned project and shall perform all services in accordance with all Federal, State, County, and City laws and regulations.

(6). SIGN IN SHEET

a. A sign in sheet shall be completed by the Contractor and signed by the DMV Project Manager or designee acknowledging the services provided for each assigned project.

1. Upon arrival of each scheduled service, the Contractor shall sign in, list the time of arrival at the job site, and obtain the signature of the DMV Project Manager or designee.

2. Upon completion of each scheduled service, the Contractor shall sign out, list the time of departure from the job site, and obtain the signature of the DMV Project Manager or designee.

3. A copy of the sign in sheet shall accompany the Contractor’s invoice sent to the DMV Project Manager for approval. Invoices without a completed sign in sheet signed by the DMV Project Manager or designee will be disputed.

B. HAZARDOUS MATERIAL INVESTIGATION SERVICES

(1). The Contractor shall perform the following hazardous material investigation services at a DMV facility when requested by the DMV Project Manager or their authorized representative:

a. Visually inspect rooms, interior/exterior areas, cavities, HVAC units, and duct systems for potential hazardous materials.

b. Collect and analyze samples of suspect materials that may contain hazardous materials.

c. Prepare a written hazardous material survey report for the DMV Project Manager.

C. HAZARDOUS MATERIAL ABATEMENT/REMEDIATION PROJECT SERVICES

(1). The Contractor shall perform the following hazardous material abatement/remediation project services at a DMV facility when requested by the DMV Project Manager or their authorized representative:

a. PROJECT PLANNING SERVICES

1. Attend pre-bid conferences for hazardous materials abatement/remediation projects when requested by the DMV Project Manager.

2. Propose to the DMV Project Manager or their authorized representative for approval no less than ten (10) DMV business days prior to abatement/remediation project start-up, observation methods to be utilized and reports to be issued to the DMV.

3. Conduct a pre-project meeting and inspection of worksite with the abatement/remediation contractor and the DMV Project Manager.

4. Determine proposed schedule for abatement/remediation work with the abatement/remediation contractor and the DMV Project Manager.

5. Determine method(s) and procedure(s) for abatement/remediation work with the abatement/remediation contractor and the DMV Project Manager.

6. Determine general acceptability of preparation criteria for abatement/remediation work to begin and determine areas requiring further pre-project preparation by the DMV.

b. PROJECT START-UP SERVICES

1. Visually inspect rooms, areas, and cavities where abatement/remediation work is to be performed with the abatement/remediation contractor and the DMV Project Manager.

2. Discuss potential problems with the abatement/remediation contractor and the DMV Project Manager such as:

A. Details.

B. Safety Procedures.

C. Work Procedures.

D. Methods.

3. Determine acceptable remedies for unacceptable areas.

4. Determine remedies for potential problems.

5. Verify equipment to be utilized by the abatement/remediation contractor is approved or specified for the type of abatement/remediation work to be performed. Inspect used equipment for any evidence of toxic materials residue from past abatement/remediation projects and reject equipment if toxic residue materials are found. Verify contained work area and decontamination enclosure system design and installation.

6. Notify the DMV Project Manager and the abatement/remediation contractor of potential problems that may arise from the use of methods and procedures determined at the pre-project meeting.

7. Review schedule and methods of debris handling and disposal with the DMV Project Manager and abatement/oversight contractor.

8. Review all applicable submittals.

c. PROJECT OVERSIGHT SERVICES

1. On a daily basis, ensure all hazardous material abatement/remediation workers meet all of the following minimum qualifications:

A. Training requirements.

B. Are currently (within one year) medically cleared by a physician to wear negative pressure respirators.

C. Have current (within one year) fit test records indicating the types of respirators that are cleared for use.

2. Ensure warning signs and warning barriers are in appropriate locations.

3. Visually observe the progress of all abatement/remediation related work, including but not limited to:

A. Containment and hygiene facility setup and usage.

B. Engineering controls and removal/cleaning techniques being employed.

C. Packaging and disposal of wastes.

D. Decontamination and encapsulation of work area(s).

E. Containment tear down and demobilization.

4. Documentation

A. Field Reports

(1). The Contractor shall compile daily written Field Reports and deliver one (1) copy to the DMV Project Manager.

B. Records

(1). For each abatement/remediation project, the Contractor shall maintain a complete and legible file of project records, in chronological order, that includes a copy of each of the following:

a. Field reports

b. Submittals

c. Notifications

d. Manifests

e. Certificates

f. Air monitoring results

g. Original air sample data forms

h. Laboratory reports

i. Daily sign-in logs

j. Other miscellaneous project documents

5. Monitor toxic materials abatement work with respect to schedule, methods, and procedures used, conformance to construction documents, and dust control.

6. Notify the DMV Project Manager of all hazardous materials encountered within each work area.

7. Verify abatement/remediation methods and procedures determined at the pre-project meeting are being followed by the abatement/remediation contractor. Failure by the Contractor to notice unacceptable methods and procedures or unacceptable results during progress of work will not absolve the Contractor’s responsibility to complete work in accordance with specified requirements and agreed methods.

A. Notify the DMV Project Manager and the abatement/remediation contractor of unacceptable methods and procedures or unacceptable results of the abatement/remediation contractor.

Unacceptable methods and procedures, and unacceptable results shall mean methods and results other than the following:

(1). Those recommended by the manufacturer of approved products and materials.

(2). Those required by pertinent regulations of governmental agencies having jurisdiction.

(3). Those required by the project specifications.

(4). Those agreed upon at the pre-project meeting.

B. Notify the DMV Project Manager if abatement/remediation contractor fails to correct unacceptable methods and procedures or unacceptable results.

8. Ensure that all safety, medical, and legal standards are met during the course of toxic material work or demolition.

9. Oversee and review abatement/remediation contractor’s handling procedures of various wastes including: segregation, profiling, and testing of wastes or waste streams as needed.

10. Inspect abatement areas periodically and before clearance tests are conducted.

11. Conduct periodic daily reviews of isolation and protective barriers to determine if they are in compliance with general direction of project specifications and in accordance with current regulatory requirements or guidelines.

12. Notify the DMV Project Manager if the abatement/remediation contractor varies from the agreed upon schedule.

13. Notify the DMV Project Manager if the abatement/remediation contractor varies from the agreed upon scope of work.

14. Collect and analyze core samples, swab/wipe samples, and bulk samples in accordance with other section of the project specifications and in accordance with current regulatory requirements or guidelines.

15. Perform all necessary air monitoring services and collect and analyze air samples throughout abatement/remediation projects to ensure that abatement/remediation work conforms with fiber concentration limits of all local air pollution control district regulations and permissible exposure limits set forth by DIR/DOSH (aka: Cal/OSHA). Asbestos fiber counting conducted by PCM methods shall be performed as described in NIOSH Method 7400 and 8 CCR 1529 Appendix A – ORM. Analysis by TEM methods shall be conducted as described in 40 CFR 763 Subpart E AHERA. Sample collections shall be modified and will be determined per project.

A. Perform area monitoring (benchmarking) prior to abatement contractor’s performance of isolation and plasticizing operations in a work area. Collect air samples on 0.45um pore size TEM cassettes and analyze collected air samples utilizing PCM techniques or newest industrial air monitoring methods available.

Archive collected air samples for future as-needed TEM analysis.

B. Perform area monitoring, establish fiber level, and review abatement contractor’s TWA during first possible exposure to airborne concentrations of asbestos at the start of abatement work. Thereafter, provided that the same type of work is being performed, perform air monitoring inside the abatement work area within the breathing zone of abatement workers (personnel monitoring) and at critical locations adjacent to the abatement work area, including differential pressure equipment exhaust area, for the duration of abatement work. When requested by the DMV Project Manager, the Contractor shall perform more frequent air monitoring in a work area. The Contractor’s performance of air monitoring shall not alleviate an abatement contractor from conducting compliance personnel monitoring as required by OSHA standards.

C. Conduct daily air monitoring adjacent to isolation/protective barriers, in order to protect the general public and occupants from possible contamination from abatement activities.

D. Evaluate conditions inside HVAC and duct systems, including cooling towers, for the presence of mold/fungus, bacteria/virus, legionella, lead dust, CCR Title 22 metals, and other suspect toxic substances.

E. Evaluate indoor air quality for airborne contaminates.

F. Perform, at a minimum, sampling that represents exposures to crew/staff/occupants working within, adjacent to, the work area(s).

At a minimum, collect samples within the regulated area(s), in exhaust zones of air filtration devices, in clean rooms of hygiene facilities, and in adjacent areas occupied by tenants and State staff. If deemed necessary, collect samples from other locations in addition to those adjacent to the work area(s).

G. The Contractor, upon completion of asbestos work within each work area and upon receipt of clearance certification from the abatement contractor, shall collect a minimum of two (2) PCM clearance air samples from each containment/regulated area.

These samples shall be collected on PCM cassettes at a flow rate less than ten (10) liters per minute and shall have a total sample volume between twelve hundred (1200) and eighteen hundred (1800) liters.

(1). Analysis shall be conducted following protocols prescribed in 40 CFR 763 Subpart E AHERA. Results of analysis shall be reported as an average of all samples collected within the area and shall be considered “Cleared”, or “Clearance” achieved, if this average is below 70 structures per millimeter squared (s/mm2).

(2). Maintenance activities where work is completed within a glove bag or mini-enclosure system shall be cleared utilizing TEM analysis of area air samples collected during the operation. These samples shall be collected on TEM cassettes and shall only be utilized if the results of the personal air samples, collected congruently, did not exceed OSHA PELs.

(3). If PELs have been exceeded, the Contractor shall ensure abatement contractor decontaminates area and recertifies area is clear. Once certification is received, the Contractor shall conduct TEM clearance sampling as described herein until “Clearance” is achieved.

(4). Clearance shall not be considered achieved until TEM analysis reveals the average of all samples collected within an area are below 70 s/mm2.

H. The Contractor shall report area air monitoring results collected inside this work area to abatement contractor and the DMV Project Manager prior to start of work on the following day.

16. Studies

A. The Contractor shall provide Phase I (Research of historical use of property) studies, and Phase II (Testing).

17. Stop Work Order

A. If at any time, the DMV Project Manager or the Contractor decides that abatement/remediation work practices are violating specifications, or State, Federal, or local regulations to extent of potential endangerment of building users, workers, State employees, or public, it will immediately notify the abatement/remediation contractor both verbally and in writing that operations shall cease until corrective action is taken by the abatement/remediation contractor. The Abatement/remediation contractor shall take corrective active before proceeding with work. Loss or damage due to Stop Work Orders shall be the Contractor’s responsibility. A Stop Work Order issued by the DMV Project Manager or the Contractor shall become effective immediately.

d. POST PROJECT SERVICES

1. The Contractor shall make a final visual observation of entire abatement project and will perform all of the following:

A. Compile a list of “punch list” items to be conducted, revised or replaced.

B. Deliver a copy of the list of “punch list” items to the abatement/remediation contractor and DMV Project Manager.

C. Verify proper revision or replacement of items on list of “punch list” items.

2. Clearance

A. Clearance shall be achieved when appropriate testing and analytical methodologies are employed and measured amount of target constituent is below levels set forth by current regulatory standards or industry standards, whichever is more stringent.

B. Prior to clearance levels being accepted, the Contractor shall discuss with the DMV Project Manager, and such levels shall be agreed upon prior to sample collection and analysis.

3. Survey Edit Reports

A. The Contractor shall update all DMV Survey Edit Reports that identify conditions of hazardous materials at a DMV facility following the completion of all abatement/remediation work.

4. Closeout Reports

A. The Contractor shall compile a Job Book that includes all of the following:

(1). Records specified

(2). Project specifications

(3). Abatement work narrative covering activities performed

(4). Record report(s)

B. The Contractor shall deliver three (3) copies of the Job Book to the DMV Project Manager.

(2). The Contractor shall not perform the following when providing hazardous material abatement/remediation project services at a DMV facility:

a. Act for, or in lieu of, representatives of governmental agencies having jurisdiction other than State.

b. Direct abatement/remediation contractor’s workers on each job site beyond the authority of the Contractor’s authorized work as specified in this scope of work agreed to at the pre-project meeting.

c. Revise any part or scope of contract documents.

d. Approve any change in methods determined at the pre-project meeting.

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoice and Payment

A. For services satisfactorily rendered in conformity with the work specified in Exhibit A, in accordance with the item unit costs identified in the table below ( to be inserted by the DMV after award based on Attachment 2, Cost Sheet), and upon receipt and approval of the invoices, the DMV agrees to compensate the Contractor based upon the project price quotation submitted to and approved by the DMV Project Manager for each job site location, all taxes included, in arrears. The total compensation for all services performed under this Agreement shall not exceed $____ (to be completed by the DMV). The DMV does not guarantee a minimum 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 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.

mailto:ACCT_INV@dmv.ca.gov

EXHIBIT B

3. Budget Contingency Clause

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

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

4. Prompt Payment Clause

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

5. Withholding Amounts Owed From Amounts Due

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

EXHIBIT C

GENERAL TERMS AND CONDITIONS

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

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

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Force Majeure

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

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

B. If either…