25-341_SB_BID.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

25-341

SMALL BUSINESS BID SOLICITATION (SB BID)

Notice to Prospective Bidders

February 18, 2026

You are invited to review and respond to this Small Business Bid Solicitation (SB Bid) entitled 25-341 – Tree Trimming and Tree Removal Services at Various DMV Field Offices.

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

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

http://www.dgs.ca.gov

In the opinion of the Department of Motor Vehicles, this SB Bid package is complete and without need of explanation. The contact person for this SB Bid is:

Troy Larsen Department of Motor Vehicles

Phone: (916) 818-2858 Email: troy.larsen@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.

Troy Larsen Contract Administrator

SB BID/25-341

TABLE OF CONTENTS

SECTION

BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

2. Bidder Qualifications

3. Prevailing Wage

4. Schedule of Events

5. Mandatory Pre-Bid Conference

6. Written Questions

7. Submission of Bid

8. Disposition of Bids

9. Evaluation and Selection

10. Notice of Contract Award

11. Standard Conditions of Service

12. Required Documents (Awarded Contractor)

13. 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)

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

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

REQUIRED BID DOCUMENTS CHECKLIST

ATTACHMENT 1 – Bid/Bidder Certification Sheet

ATTACHMENT 2 – Cost Sheet

ATTACHMENT 3 – Payee Data Record

ATTACHMENT 4 – Bidder Declaration & Subcontractor/Supplier List

ATTACHMENT 5 – Darfur Contracting Act

ATTACHMENT 6 – California Civil Rights Laws Certification

1. Purpose and Description of Services

A. Tree trimming and tree removal services at various DMV field offices. Term: Sixty (60) calendar days within a term of twelve (12) 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. Bidder must be certified by the State of California, Department of General Services (DGS), Office of Small Business and Disabled Veteran Enterprise Services (OSDS) as a Certified Small Business.

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.

C. The bidder shall possess a valid C-61/D-49 or C-49 contractor license issued by the California Department of Consumer Affairs, Contractors State License Board (CSLB). All subcontractors that the bidder intends to utilize to perform work under the contract shall possess all applicable contractor licenses for the work they shall perform under the contract. The bidder’s contractor license number shall be indicated on the Bid/Bidder Certification Sheet (Attachment 1). The names of all subcontractors that the bidder intends to utilize and their contractor license number (if applicable) shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor contractor licenses shall be in good standing from the time of the bid opening through the term of the contract.

3. 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 work 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.

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

4. Schedule of Events

Event Date Time

(1). SB Bid available to prospective bidders: 2/18/2026 N/A

(2). Mandatory pre-bid conference:

(Note: See additional info in Section 5.)

3/4/2026 8:00 a.m.

(3). Written questions regarding SB Bid are due by:

(Note: See additional info in Section 6.)

3/6/2026 5:00 p.m.

(4). Written responses to questions released by: 3/11/2026 5:00 p.m.

(5). Final date for bid submission:

(Note: See additional info in Section 7.)

3/16/2026 11:59 p.m.

(6). Proposed start date of contract: 4/1/2026 Or upon contract approval

N/A

5. Mandatory Pre-Bid Conference

A. A mandatory pre-bid conference is scheduled at the Lincoln Park DMV field office (please meet at the flagpole), 3529 N Mission Road, Los Angeles, CA 90031, for the purpose of discussing concerns regarding this SB Bid.

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 SB Bid 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.

6. Written Questions

A. Submit all questions via email to the contact person identified on the cover page of this SB Bid package.

7. Submission of Bid

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

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

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

a. Bid # 25-341 for TROY LARSEN for TREE TRIMMING SERVICES Due: 3/16/2026 by 11:59 p.m.

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

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

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

(4). Bidders that send bid submission emails that are successfully received by the DMV at the above email address will receive an automated confirmation of bid received email response (the response will only acknowledge the receipt of an email and not identify the bid number or service/project description). In the event a bidder does not receive an automated confirmation of bid received email response after sending a bid submission email to the above email address, the bidder shall be responsible for confirming the DMV’s receipt of their bid with the contact person indicated on the cover page of this SB Bid package.

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

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

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

Bids that are not accessible or legible may be rejected.

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.

mailto:DMVBIDS@dmv.ca.gov

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

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

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

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

M. Where applicable, bidders should carefully examine work sites and specifications. Bidders shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement 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.

8. Disposition of Bids

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

9. Evaluation and Selection

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

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

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

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

E. 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 SB Bid, 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 SB Bid 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 SB Bid regarding a date and time for a flip of a coin. The bidder whose bid was received first shall make the call. Bidders or their authorized representative(s) are allowed to be present for the flip of the coin.

10. Notice of Contract Award

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

11. 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.

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

12. Required Documents (Awarded Contractor)

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

(1). Contractor Certification Clauses

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

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

(2). Insurance Requirements

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

1. Commercial General Liability

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

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

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

2. Worker’s Compensation

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

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

(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.

13. Generative Artificial Intelligence (GenAI)

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

B. Bidder must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

C. Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such nondisclosure.

D. Upon notification by a Bidder of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids that present an unacceptable level of risk to the State.

E. Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

The remainder of this page is intentionally left blank.

DO NOT COMPLETE OR SUBMIT WITH YOUR BID!

EXHIBIT A

SCOPE OF WORK

1. Contractor’s Full Business Name (to be completed by the DMV), hereinafter referred to as the Contractor, agrees to provide the Department of Motor Vehicles (DMV) all labor, tools, materials, equipment, and travel necessary to perform tree trimming and removal services at various DMV field offices for the term of this Agreement. The Contractor is responsible for field verifying all dimensions and existing site conditions pertinent to this Agreement.

The services shall be performed at the five (5) locations:

Arleta DMV field office – 14400 Van Nuys Blvd, Arleta, CA 91331 Culver City DMV field office – 11400 Washington Blvd, Los Angeles, CA 90066 Glendale DMV field office – 1335 W Glenoaks Blvd, Glendale, CA 91201 Lincoln Park DMV field office – 3529 N Mission Road, Los Angeles, CA 90031 Los Angeles DMV field office – 3615 S Hope Street, Los Angeles, CA 90007

2. 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.

B. The Contractor shall complete all work under this Agreement within sixty (60) calendar day(s) from the specified start date provided by the DMV Project Manager, no later than the expiration date of this Agreement.

C. The Contractor shall provide, at a minimum, one (1) fully staffed tree-trimming crew consisting of no fewer than six (6) qualified personnel. The crew shall be equipped with one (1) boom truck and two (2) additional trucks, one of which shall be outfitted with a woodchipper, for the duration of the work unless otherwise approved in writing by the State.

3. The services shall be performed on weekends only, 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.

4. 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

5. 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

6. 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.

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

A. General

(1). The Contractor shall refer to the drawing (Exhibit H) for locations to perform the work.

(2). It is the Contractor’s responsibility to verify the count of all trees to be trimmed/removed.

Approximate count of trees to be serviced:

a. Arleta: prune fifty-three (53) trees, fifteen (15) palms, remove two (2) trees, and grind two (2) stumps.

b. Culver City: prune twenty-six (26) trees, two (2) palms, three (3) hedges, and grind one (1) stump.

c. Glendale: prune twenty-four (24) trees, six (6) palms, and grind one (1) stump.

d. Lincoln Park: prune forty-four (44) trees, nine (9) palms, and trim oleander to five (5) feet high, remove two (2) dead trees, and remove one (1) palm.

e. Los Angeles: prune twenty-three (23) trees, two (2) palms, remove three (3) trees, and remove one (1) dead tree.

(3). The Contractor shall be responsible for any damage done to DMV property or the personal property of others. All damage to sprinklers, pipes, and fences shall be repaired by the Contractor at no additional cost to the DMV.

B. Tree Trimming

(1). General (defined but not limited to):

a. The Contractor shall trim/prune the trees as follows:

1. All trees specified (see Exhibit H) more than six feet (6’) in height.

2. All trees obscuring the parking lot lights and flagpole.

b. The Contractor shall prune, trim, and shape the tree to help maintain the health of the tree, to assist in the natural development, and improve the structure of its body and parts.

c. No stubs shall remain on trimmed trees.

d. The Contractor shall select and shape branches for further growth.

e. The Contractor shall thin and clear out inside of trees for wind resistance.

f. In the removal of large limbs from trees, separate cuts shall be made so that limb sections can be easily handled.

g. Branches and limbs shall be undercut first, and then cut beyond the undercut from above and downward. The final severance cuts shall be made and protected in accordance with current “Arboricultural Standards”.

h. The Contractor shall remove and clean all existing trash and debris on the ground, regardless if the Contractor created it or not.

(2). Corrective (defined but not limited to):

a. The Contractor shall remove deadwood. Deadwood shall be defined as any portion of the tree (twig, limb, broken stub) having no foliage, no live buds, or apparent life in the cambium layer.

b. Broken limbs shall be removed.

c. The Contractor shall trim the end growth for weight reduction. Limbs that cannot be saved shall be removed at the trunk or at a junction with other branches of equal or greater size. The final severance cuts shall be made and protected in accordance with current “Arboricultural Standards”.

d. Canopy reduction removal shall be selective. The Contractor shall remove all heavy or light branches in the upper portion of the tree. No “heading back” of the canopy of the tree shall be tolerated. Selected canopies shall be reduced no more than thirty percent (30%) based on the overall size of the canopy.

e. Trees shall be trimmed high enough to allow for a fourteen-foot (14’) clearance for campers and large trucks.

f. Trimming shall be done for the structure of the trees and for the safety of personnel and public and/or private property.

g. No rubbing or crossed branches shall be left on trimmed trees.

h. The Contractor shall remove all volunteers and suckers.

C. Tree Removal

(1). The Contractor shall promptly remove and dispose of designated trees (see Exhibit H for tree location and type), including all tree branches, trunks, and debris from the field office parking lot and landscaping areas on DMV property.

(2). All palm trees are included. All brown fronds and first lower green fronds shall be removed.

(3). Dead trees that are designated for removal shall be cut to ground level. All stumps shall be ground to twelve inches (12”) below the ground surface, avoiding contact with underground pipes. Sawdust created from grinding shall be spread evenly around immediate area. The hole created shall be filled with soil to avoid tripping hazard.

(4). The Contractor shall remove all trunk, stump, and branch debris from DMV property at no additional cost to the DMV.

(5). Ivy designated for removal shall have the roots removed and soil graded level.

(6). The Contractor shall fill in any stump holes with soil and compact with water to existing surface level.

D. Disposal of Tree Trunk Debris

(1). The Contractor shall promptly remove and dispose of all trimmings and debris from the DMV’s property at the Contractor’s expense.

(2). All debris shall be properly recycled.

(3). No debris resulting from the Contractor’s work shall be left on streets, parking lot areas, landscape areas, or sidewalks overnight, or placed in any of the DMV’s garbage or recycle receptacles.

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

E. Noise Abatement

(1). The Contractor shall ensure that all services are performed in compliance with all city and county noise abatement laws, ordinances, and regulations.

F. Waste Transportation and/or Disposal

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

G. Inspection

(1). The Contractor shall contact the DMV Project Manager upon completion of work for inspection.

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISION

1. Invoice and Payment

A. For services rendered as required under this Agreement, and upon receipt and approval of the invoice, the DMV agrees to compensate the Contractor a one-time payment of $____ (to be completed by the DMV), all taxes included, in arrears. This is the sole basis for payment.

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: TBD

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.

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).

EXHIBIT B

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

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

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

(1). The cost of rebidding the work.

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

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

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

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

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

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

OR

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

3. Liquidated Damages

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

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

(2). 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.

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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 shall 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 will 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 Project Manager by the Contractor at no additional cost to the DMV. In the event the Contractor fails to take necessary steps to ensure future conformity with the requirements of this Agreement, the DMV shall have the right to:

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

AND/OR

(2). Terminate this Agreement.

12. Jurisdiction and Venue

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

13. Dispute

A. Any dispute of fact arising under the terms of this Agreement, which is not resolved within a reasonable period of time as defined by the DMV Project Manager, shall be brought to the attention of the Chief Executive Officer (or designative representative) of each organization for joint resolution. If an agreement cannot be reached through the application of high-level management attention, either party may assert its rights and remedies under this Agreement. Notwithstanding this paragraph, the DMV may dispute invoices for purposes of the California Prompt Payment Act (Government Code Chapter 4.5, commencing with Section 927).

14. Project Acceptance

A. Completed work shall be to the entire satisfaction of the DMV. The DMV Project Manager shall be the sole judge as to whether materials and workmanship are acceptable. If any portion of the work completed, or any materials, articles, or equipment delivered should fail to comply with the requirements of this Agreement, such work, materials, articles, and equipment shall be rejected.

The Contractor shall immediately replace all unacceptable materials and shall make all unacceptable work satisfactory to the DMV Project Manager at no additional cost to the DMV.

All rejected materials, articles, or equipment shall immediately be removed from the premises at the Contractor’s own expense.

15. Work Scheduling

A. The Contractor shall have under construction, no more work than can be performed with the least possible obstruction and inconvenience to the public.

16. Product and Reference Standards

A. When a manufacturer's name, product brand name, or model number are referred to in Exhibit A, such designations shall be considered as being those found in industry publications of current issue on the date the DMV released the invitation for bid for this contract. When standards of the federal government, trade societies, or trade associations are referred to in Exhibit A, these shall be considered a part of this Agreement.

17. Materials and Workmanship

A. All materials used and all work performed under this Agreement shall conform in all respects to the latest amended rules, regulations, and requirements which are set forth in any regulatory requirements having jurisdiction over this type of work.

18. Quality and Materials

A. Materials, products, items, and equipment furnished by the Contractor for incorporation into the work under this Agreement shall be new and must equal or exceed the class or quality of the materials, products, items, and equipment that are designated in Exhibit A. The DMV reserves the right to reject any Contractor 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.

B. When Exhibit A requires materials, products, items, and equipment from specified brands or manufacturers, the Contractor shall utilize materials, products, items, and equipment from the specified brands or manufacturers unless the contractor obtains prior written…