B1._25-360_IFB.pdf

CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF MOTOR VEHICLES

ADMINISTRATIVE SERVICES DIVISION

P.O. BOX 932382

SACRAMENTO, CA 94232-3820

California Relay Telephone Service for the deaf or hard of hearing from TDD Phones: 1-800-735-2929; from Voice Phones: 1-800-735-2922

ADM 668 (REV. 1/2019) DMVWeb A Public Service Agency

25-360

INVITATION FOR BID

Notice to Prospective Bidders

April 2, 2026

You are invited to review and respond to this Invitation for Bid (IFB) entitled 25-360 – Freestanding Modular Systems Furniture (MSF) Services for Various DMV Offices in Southern California (Region V through VIII).

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:

Allison Stanek Department of Motor Vehicles

Phone: (916) 818-2848 Email: allison.stanek@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.

ALLISON STANEK

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

IFB/25-360

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. Written Questions

6. Submission of Bid

7. Bid Opening

8. Disposition of Bids

9. Evaluation and Selection

10. Notice of Intent to Award Contract

11. Protest

12. Notice of Contract Award

13. Standard Conditions of Service

14. Required Documents (Awarded Contractor)

15. Bid Preference(s)

16. Bid Incentive(s)

17. Generative Artificial Intelligence (GenAI)

STANDARD AGREEMENT FORM (SAMPLE)

EXHIBIT A – Scope of Work

EXHIBIT B – Budget Detail and Payment Provisions

EXHIBIT C – General Terms and Conditions

EXHIBIT D – Special Terms and Conditions EXHIBIT E – Additional Provisions EXHIBIT F – DMV Office Location List EXHIBIT G - Map of DMV Facility Locations – Southern California

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 – Iran Contracting Act

ATTACHMENT 9 – Bidder References

1. Purpose and Description of Services

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

B. The bidder shall possess a valid C-61/D34 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.

C. The bidder shall possess a valid Motor Carrier Permit issued by the California DMV. The bidder’s Motor Carrier Permit shall be in good standing from the time of the bid opening through the term of the contract.

D. The bidder shall complete and submit Attachment 9, Bidder References, with their bid.

Failure to submit this form will result in bids being deemed non-responsive. The bidder shall provide references from three (3) different government agencies showing successful performance of Modular Systems Furniture (MSF) and storage services similar to those specified in Exhibit A. Provided references must be from services performed within the last five (5) years.

3. Prevailing Wage

A. In accordance with the provisions of Labor Code Sections 1720, 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). 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.

The remainder of this page is intentionally left blank.

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.

4. Schedule of Events

Event Date Time

(1). IFB available to prospective bidders: 4/2/2026 N/A

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

(Note: See additional info in Section 5.)

4/8/2026 10:00 a.m.

(3). Written responses to questions released by: 4/9/2026 5:00 p.m.

(4). Final date for bid submission:

(Note: See additional info in Section 6.)

4/15/2026 N/A

(5). Date of bid opening:

(Note: See additional info in Section 7.)

4/16/2026 10:00 a.m.

(6). Proposed start date of contract: 6/1/2026 N/A

5. 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.

6. 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 # 25-360 for ALLISON STANEK for FREESTANDING MSF SERVICES FOR SOUTHERN CA DMV OFFICES Due: 4/15/2026 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 specified in the Schedule of Events.

mailto:DMVBIDS@dmv.ca.gov

(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 IFB package.

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

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

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

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

Bids that are not accessible or legible may be rejected.

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

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

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

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

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

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

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

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

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

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

7. 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.

8. 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.

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 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.

10. Notice of Intent to Award Contract

A. Upon written request by any bidder via email prior to the date of bid opening specified in the Schedule of Events, the DMV shall email 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 the date of bid opening.

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 no less than five (5) DMV business days prior to the award of the contract.

11. 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.

12. Notice of Contract Award

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

13. Standard Conditions of Service

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

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

mailto:OLSProtests@dgs.ca.gov

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

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

14. Required Documents (Awarded Contractor)

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

(1). Contractor Certification Clauses

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

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

(2). Insurance Requirements

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

1. Commercial General Liability

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

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

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

2. Automobile Liability

A. Coverage shall provide limits of not less than $1,000,000.00 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles.

(1). The insurance policy shall include the following additional insured endorsement that shall be under form acceptable to DGS, ORIM:

a. 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.

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.

(3). Motor Carrier Permit

a. The awarded contractor shall provide a valid Motor Carrier Permit issued by the California DMV.

15. 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).

16. Bid Incentive(s)

A. The following incentive is applicable to this IFB:

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

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

17. Generative Artificial Intelligence (GenAI)

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

B. 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.

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 install, reconfigure, repair, lift, adjust, disassemble, palletize, inventory, store and transport new, existing, and surplus freestanding modular systems furniture (MSF) components manufactured by Prison Industry Authority (PIA), AllSteel, Aspects, Tayco and Haworth and required MSF work for the term of this Agreement. This Agreement excludes installing, reconfiguring, repairing, adjusting, disassembling, and transporting new, existing, and surplus non-freestanding MSF components that require seismic bracing per the California Building Code. This Agreement also excludes installing electrical wire and network cabling to and through MSF components. The Contractor shall install, reconfigure, repair, lift, adjust, modify, and disassemble new, existing, and surplus freestanding MSF components at various DMV field offices in Regions V to VIII (see Exhibit F) throughout Southern California. The Contractor shall transport new and surplus freestanding MSF components to and from the DMV Warehouse in South Gate and various DMV field offices in Regions V to VIII (see Exhibit F) not bolt, secure, mount, affix, un-bolt, un-secure, un-mount, or un-affix MSF components to/from the floor, ceiling, walls, or any other structural members under this Agreement. The DMV does not guarantee a minimum or maximum use of this Agreement.

2. The Contractor shall perform services at the various Southern California DMV field offices in Regions V through VIII (see Exhibits F and G). The Contractor shall transport new and surplus freestanding MSF components to and from the DMV Warehouse in South Gate (4599 Firestone Blvd., Southgate, CA 90280) and various DMV field offices in Regions V through VIII (see Exhibits F and G) throughout Southern California.

3. Commencement of Work

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

4. The DMV business hours are 8:00 a.m. to 5:00 p.m. The services shall be performed during non-DMV business hours and/or weekends only, unless prior approval is obtained from the DMV Project Manager or their authorized representative to perform work during regular DMV business hours. The DMV Project Manager or their authorized representative shall provide the Contractor with the business hours of operation for each specific DMV location where work will be performed. The Contractor shall obtain prior approval from the DMV Project Manager or their authorized representative regarding the date and time when actual work will be 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.

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

A. The Contractor shall perform work at new offices, existing offices undergoing furniture repairs or re-configurations (including ergonomic adjustments of work surface heights, etc.), existing offices being renovated, existing offices that are closed, warehouses, and existing offices that have damaged MSF as a result of flooding, earthquakes, vandalism, accidents, etc.

B. The Contractor shall follow specifications from AutoCAD or other architectural drawing/designs provided by the DMV to install MSF components and to identify which MSF components to disassemble.

C. The Contractor shall employ and provide an MSF journey level employee to act as a lead-person for all DMV MSF projects. Additionally, upon request by the DMV Project Manager or their authorized representative, the Contractor shall employ and provide an additional MSF journey level employee to act as lead-installer when multiple DMV projects are scheduled.

D. The Contractor shall employ and provide MSF journey level employees to perform all services required under this Agreement.

E. When requested by the DMV Project Manager or their authorized representative, the Contractor shall modify MSF parts necessary to complete installations on-site. This includes cutting panels, work surfaces, countertops, and trim on-site.

F. Work requests shall be submitted by the DMV Project Manager or their authorized representative via telephone, email, or fax. Only the DMV Project Manager or their authorized representative shall submit work requests, arrange access to the DMV offices, and oversee MSF projects. The DMV field office managers shall provide site-specific service information only. In the event that a DMV field office manager requests additional work outside of a work request submitted by the DMV Project Manager or their authorized representative, the Contractor shall obtain prior approval from the DMV Project Manager or their authorized representative before performing the additional work. Failure to obtain prior approval from the DMV Project Manager or their authorized representative may result in the Contractor not being compensated for the additional work.

(1). For work requests submitted by the DMV that are not classified as a safety/security issue and/or emergency situation, the Contractor shall provide the DMV Project Manager or their authorized representative with a work request receipt confirmation within one (1) DMV business day after receiving the work request. The Contractor shall provide the DMV Project Manager or their authorized representative with a proposed work schedule that includes work dates and estimated start and finish times, number of installers, and name of Lead Installer within three (3) DMV business days after providing the DMV Project Manager or their authorized representative with a work request receipt confirmation. The Contractor shall begin performing services within one (1) week following the receipt of DMV’s work request unless otherwise requested by the DMV Project Manager. Larger scale projects shall be requested and coordinated by the DMV as far in advance as possible.

(2). For work requests that are classified as a safety/security issue and/or emergency situation by the DMV Project Manager or their authorized representative, the Contractor shall perform services within twenty-four (24) hours following a telephone or email request from the DMV Project Manager or their authorized representative.

(3). The Contractor shall email a progress report at the end of each job to the DMV Project Manager and their authorized representative. This progress report shall include photos of the work completed, photos of the work the Contractor was unable to complete, and a detailed list of parts required to complete the unfinished work.

G. All Contractor employees and subcontractors performing work at the DMV field offices shall dress in an easily identifiable company uniform. The DMV has the “right” to request a replacement Contractor employee without prejudice.

H. The Contractor shall provide the lead-person with cellular communication equipment at the point of origin and point of destination at all times when performing services. When performing services for the DMV, the Contractor shall ensure that all personal telephone calls are restricted to break times only. The Contractor shall provide the DMV Project Manager or their authorized representative with all Contractor lead-person cellular telephone numbers prior to beginning any work.

I. The Contractor shall be given access to the DMV South Gate Warehouse by an authorized DMV representative in order to obtain MSF components for installations, reconfigurations, or repairs. The Contractor shall also be given access to the DMV South Gate Warehouse by an authorized DMV representative for the purpose of pick-up and delivery of surplus MSF components to and from DMV offices.

(1). When requested by the DMV Project Manager or their authorized representative, the Contractor shall palletize, label, and shrink-wrap MSF components pallets prior to transporting.

J. The Contractor shall provide secured storage services when requested by the DMV Project Manager or their authorized representative. The Contractor shall maintain a detailed, accurate list of parts stored (inventory list) and shall email the inventory list to the DMV Project Manager or their authorized representative upon request.

K. The Contractor shall lift and lower free-standing MSF components in place for flooring replacement and/or repair projects upon request. The Contractor shall furnish necessary lifting equipment and services in a manner appropriate to prevent damage to the free-standing MSF.

L. The Contractor shall perform low environmental impact cleaning (green housekeeping) on MSF components that the Contractor installs, reconfigures, repairs, and/or adjusts following completion of work and/or upon request of the DMV Project Manager or their authorized representative.

(1). Low Environmental Impact Cleaning (Green Housekeeping).

a. The Contractor and/or their sub-contractor agrees to practice and implement low environmental impact cleaning policies and practices to include the following:

1. Cleaning products shall meet Green Seal’s GS-37 standards for Industrial and Institutional Cleaners when applicable.

2. In the event GS-37 is not applicable, cleaning products shall comply with California Code of Regulations, Title 17 Section 94509, VOC standards for cleaning products.

3. Cleaning products shall be non-abrasive, non-odorous, non-tarnishing, non-corrosive and non-injurious.

4. A Material Safety Data Sheet (MSDS) for each product used must be provided to the DMV Project Manager for clear posting in the area where the cleaning chemicals are being used, along with the documents demonstrating compliance with low environmental impact cleaning requirements.

b. Chemical Usage and Disposal Policy

1. When mixing chemicals at a DMV site, a system shall be used that minimizes exposure to concentrated cleaning chemicals. Whenever possible, it is preferred that all chemicals be mixed prior to arrival at the DMV job site.

2. Ensure proper disposal of empty containers, off site at county or city disposal sites, where applicable.

c. Purchase sustainable cleaning products. In general, look for cleaning products with the following characteristics:

1. Available in concentrated form.

2. Biodegradable.

3. Not in aerosol can which contain propellants.

4. No toxic ingredients (no carcinogens or hazardous wastes)/non toxic to human and aquatic life.

5. Packaged in recyclable/reusable container (minimal waste).

6. Are not petroleum-based and do not contain petrochemical.

7. Produce minimal or no irritation to skin, eyes, respiratory system.

8. Do not contain unnecessary dyes and fragrances.

9. Are not corrosive or highly flammable.

10. Work optimally in room temperature water.

d. Avoid cleaning products which have the following labels (check both the product container and MSDS):

1. Warning.

2. Caution.

3. Danger.

4. Flammable.

5. Poison.

6. Reactive.

e. For additional cleaning product purchasing references see:

1. https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement- Division-Resources-List Folder/Buy-Clean-California-Act

M. Loss/Damage

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

N. Lockable Transportation

(1). The Contractor shall transport furniture, files, and equipment in a fully enclosed vehicle that is lockable.

O. Uniform Clothing

(1). The Contractor shall require all employees, including supervisors, to wear distinctive uniform clothing while performing services under this Agreement. The Contractor shall ensure that every employee and supervisor is in uniform when on-site at a DMV office.

Uniform clothing shall clearly identify the Contractor’s name in a manner that is easily identifiable via a permanently affixed badge or monogram.

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https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List%20Folder/Buy-Clean-California-Act https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List%20Folder/Buy-Clean-California-Act

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoice and Payment

A. For services rendered as required under this Agreement, and upon receipt and approval of the invoice(s) and any associated time-sheets, status reports, or any other required documentation of work completed, t the DMV agrees to compensate the Contractor in accordance with the rates identified in the table(s) below (to be inserted by the DMV after award, based on Attachment 2, Cost Sheet), all taxes included, in arrears. The total compensation for all services performed under this Agreement shall not exceed $_____ (to be completed by the DMV). 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, fax 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). Date(s) of service.

(5). This Agreement number.

(6). Office name and address where services were provided.

(7). Period of time covered by the invoice.

(8). Beginning and ending times of hours worked for each worker, including lunches and breaks.

(9). Documentation of driver mileage.

(10). Proof of mileage if travel is being charged.

(11). Specific types of work performed.

(12). Brief description of the type of services for which the DMV is being billed.

(13). Any requested repairs that could not be completed.

(14). 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 mailto:ACCT_INV@dmv.ca.gov

EXHIBIT B

2. Travel Reimbursement

A. For reimbursement and to substantiate travel and transport hours, documentation of driver mileage must be provided with the invoice including internet route map, signed driver log, starting mileage, ending mileage, start address(s), and destination address(s).

(1). Work hours cannot be reimbursed at both the travel and transport rates.

(2). The transport reimbursement rate only applies to driver(s) who are transporting MSF parts to and from the worksite. Passengers or other drivers that are not required to transport MSF to the jobsite cannot be reimbursed at the transport rate.

3. Budget Contingency Clause

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

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

4. Prompt Payment Clause

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

5. Withholding Amounts Owed From Amounts Due

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

EXHIBIT C

GENERAL TERMS AND CONDITIONS

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

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

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Force Majeure

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

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

B. If either party seeks to invoke force majeure to excuse or delay the performance of the terms of this Agreement, that party must immediately notify the other party. The invoking party must provide full details regarding the force majeure event, including the reason(s) the event is preventing or delaying performance, and the expected time frame for performance to be resumed. The invoking party must make reasonable efforts to mitigate damages and force majeure effects and must make reasonable efforts to fulfill its obligations under this Agreement.

Upon completion of the force majeure event, the invoking party must resume performance under this Agreement as soon as practicable.

C. The Contactor is not entitled to payment for services not rendered during a force majeure event and is not entitled to recover costs, losses, or expenses from the DMV as result of the force majeure event. The DMV is not entitled to the cost of replacement services in the event of force majeure.

2. Termination

A. The Contractor understands that in the event this Agreement is terminated for cause/breach, in future bid solicitations for the same or similar services at the location designated in this Agreement, the DMV may reject the Contractor’s bid as a non-responsible bid.

B. The DMV may terminate this Agreement for any of the following reasons:

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

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

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

(1). The cost of rebidding the work.

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

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

(4). Damages incurred as a 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 twenty-four (24) hour period as liquidated damages for Contractor delays in completing required work. The Contractor is considered to be behind schedule effective the first hour beyond the time period specified or agreed upon under this Agreement.

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

4. Incorporation by Reference

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

5. Contractor Name Change and Assignment

A. Name Change

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

B. Assignment

(1). This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the DMV in the form of an approved written…