B1._26-129_Small_Business_Bid_Solicitation_.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

26-129

SMALL BUSINESS BID SOLICITATION (SB Bid)

Notice to Prospective Bidders

September 30, 2026

You are invited to review and respond to this Small Business Bid Solicitation (SB Bid) entitled 26-129 One-time Landscape Cleanup and Bi-Weekly Maintenance Services at the Santa Monica DMV Field Office.

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 SB Bid package is complete and without need of explanation. The contact person for this SB Bid is:

Feliciano Hernandez Department of Motor Vehicles

Phone: (916) 818-2852 Email: feliciano.hernandez@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.

Feliciano Hernandez Contract Administrator

TABLE OF CONTENTS

SECTION

➢ BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

2. Bidder Qualifications

3. Schedule of Events

4. Mandatory Pre-Bid Conference

5. Written Questions

6. Submission of Bid

7. Disposition of Bids

8. Evaluation and Selection

9. Notice of Contract Award

10. Standard Conditions of Service

11. Required Documents (Awarded Contractor)

12. 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 – One-Time Landscape Cleanup Service Log

➢ EXHIBIT G – Bi-Weekly Landscape Maintenance Service Log

➢ EXHIBIT H – Property Site Plan

➢ 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

The remainder of this page is intentionally left blank.

BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

A. One-time landscape cleanup and bi-weekly maintenance services at the Santa Monica DMV Field Office. 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.

Note: Please be aware, due to the possibility of severe drought conditions, the Governor of California may issue an Executive Order to restrict water usage during the term of this Agreement. If an Executive Order to restrict water usage is issued during the term of this Agreement, the Department of Motor Vehicles (DMV) may choose to not enforce certain provisions of Exhibit A, specifically those referring to plant replacement. DMV will notify the contractor if any Executive Order is issued that could affect the provisions of this Agreement.

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. 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.

C. The bidder shall possess a valid C27 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 landscape maintenance services under the contract shall possess a valid C27 contractor license issued by the CSLB. 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 shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor contractor licenses shall be in good standing from the time of the bid opening through the term of the contract.

3. Schedule of Events

Event Date Time

(1). SB Bid available to prospective bidders: 9/30/2026 N/A

(2). Mandatory pre-bid conference:

(Note: See additional info in Section 4.)

10/13/2026 10:00 am

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

(Note: See additional info in Section 5.)

10/15/2026 10:00 am

(4). Written responses to SB Bid questions released by: 10/19/2026 4:30 pm

(5). Final date for bid submission:

(Note: See additional info in Section 6.)

10/21/2026 10:00 am

(6). Proposed start date of contract: 3/1/2027 Or upon contract approval

N/A

4. Mandatory Pre-Bid Conference

A. A mandatory pre-bid conference is scheduled at Santa Monica DMV Field Office (Meet at the flagpole, at 10:00 am), 2235 Colorado Avenue, Santa Monica, CA 90404, 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.

5. Written Questions

A. Email all written questions to the contact person identified on the cover page of this SB Bid package.

6. 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 # 26-129 for FELICIANO HERNANDEZ for Landscape Maintenance Services Due: October 21, 2026, at 10:00 am

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.

mailto:DMVBIDS@dmv.ca.gov

(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.

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 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. 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.

8. Evaluation and Selection

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

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 SB Bid 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.

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 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.

9. Notice of Contract Award

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

10. 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 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.

11. 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 three (3) 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.

12. 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 perform a one-time landscape cleanup service (if needed and authorized by the DMV) and bi-weekly landscape maintenance services at the Santa Monica DMV Field Office for the term of this Agreement.

2. The services shall be performed at: 2235 Colorado Avenue, Santa Monica, CA 90404

3. Commencement of Work

A. The Contractor shall commence work under this Agreement on the specified start date provided by the DMV Project Manager following the execution of this Agreement by the State. The DMV Project Manager shall provide the Contractor with written notification of the start date prior to the Contractor commencing work under this Agreement. Note: Services may be suspended at any time during the term of this Agreement. In the event the DMV requires suspension of services, such suspension is subject to three (3) calendar days’ written notice to the Contractor. The DMV may choose to subsequently reinstate services at any time during the term of this Agreement and shall provide ten (10) calendar days’ written notice to the Contractor.

4. The Contractor shall perform services during DMV business hours, unless otherwise indicated or approved by the DMV Project Manager. The Contractor shall not perform services on state holidays, as indicated at DMV’s website: https://www.dmv.ca.gov/portal/dmv/dmv/offices. The Contractor shall schedule services with the DMV Project Manager and receive the DMV Project Manager’s approval for all work schedules before performing any work under this Agreement.

A. The Contractor shall perform a one-time landscape cleanup service if needed and authorized by the DMV Project Manager (or their designee) at the start of this Agreement or following a suspension and reinstatement of services by the DMV. The one-time landscape cleanup service is not guaranteed.

(1). In the event the one-time landscape cleanup service is needed and authorized by the DMV Project Manager (or their designee), the Contractor shall perform the service outside of DMV business hours on a date agreed upon with the DMV Project Manager (or their designee) within seven (7) calendar days after the start of this Agreement or within seven (7) calendar days following a suspension and reinstatement of services by the DMV.

B. The Contractor shall perform a bi-weekly (one [1] time every two [2] weeks) landscape maintenance service in every area of the landscaping.

(1). The first bi-weekly landscape maintenance service shall be performed within seven (7) calendar days following the start of this Agreement unless a one-time landscape cleanup service is needed and authorized by the DMV Project Manager (or their designee) at the start of this Agreement, in which case the first bi-weekly landscape maintenance service shall be performed two (2) weeks after the completion of the one-time landscape cleanup service.

C. In the event a one-time landscape cleanup service is needed and authorized by the DMV Project Manager (or their designee) following a suspension and reinstatement of services by the DMV, the bi-weekly landscape maintenance services shall resume two (2) weeks after the completion of the one-time landscape cleanup service.

https://www.dmv.ca.gov/portal/dmv/dmv/offices

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

Department of Motor Vehicles Contractor Name (TBD)

Name: TBD Name: TBD

Phone: TBD Phone: TBD

Email: TBD Email: TBD

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

Department of Motor Vehicles Contractor Name (TBD)

Name: TBD Name: TBD

Address: TBD Address: TBD

Phone: TBD Phone: TBD

Email: TBD Email: TBD

7. In the event of any changes to the name, address, and/or contact information for the Project Managers and/or Contract Coordinators identified in this Exhibit, the party making the changes shall notify the other party in writing.

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

A. General Responsibilities

(1). At the start of this Agreement, the DMV Project Manager (or their designee) and the Contractor shall meet at the DMV property to perform a perimeter walk-through of the property and discuss the property boundaries, landscaping, DMV grounds adjacent to any property borders, patio area (if applicable), and irrigation system to be maintained by the Contractor.

a. Additional meetings may be scheduled at any time during the term of this Agreement at the request of either the DMV or the Contractor. Should either party request a meeting, the other party shall respond within forty-eight (48) hours to determine a mutually agreed upon date and time for the meeting, to take place within one (1) week of the request. All meetings shall take place at the DMV property.

(2). Upon arrival at the DMV property to attend meetings or perform services, the Contractor shall notify the DMV Project Manager (or their designee), and all present Contractor staff shall sign in on the DMV’s contractor/visitor log. Upon leaving the DMV property, all Contractor staff who previously signed in shall sign out on the DMV’s contractor/visitor log.

(3). The Contractor shall submit to the DMV Project Manager (or their designee) following the completion of the one-time landscape clean-up service (if needed and authorized by the DMV Project Manager [or their designee]), a completed One-Time Landscape Cleanup Service Log (Exhibit F) confirming the completion of all required tasks.

a. The Contractor and the DMV Project Manager shall discuss the completed One- Time Landscape Cleanup Service Log immediately following the Contractor’s completion of the one-time landscape cleanup service to identify and correct any deficiencies in the quality of service provided by the Contractor.

(4). The Contractor shall submit to the DMV Project Manager (or their designee) following the completion of each bi-weekly landscape maintenance service, a completed Bi- Weekly Landscape Maintenance Service Log (Exhibit G) confirming the completion of all required tasks.

a. The Contractor and the DMV Project Manager shall discuss the completed Bi- Weekly Landscape Maintenance Service Log immediately following the Contractor’s completion of the bi-weekly landscape maintenance service to identify and correct any deficiencies in the quality of service provided by the Contractor.

(5). The Contractor shall implement and practice low environmental impact practices while performing landscaping cleanup and maintenance services under this Agreement.

Materials such as fertilizers used on DMV grounds shall be certified by the Organic Materials Review Institute (OMRI). The DMV may request proof of certification of materials used on DMV property at any time. The Contractor shall comply with material label guidelines for application of any materials used.

B. Scheduling of Services

(1). Within three (3) calendar days after the start of this Agreement, the Contractor shall provide to the DMV Project Manager for approval, a written schedule for the one-time landscape cleanup service (if needed) and the bi-weekly landscape maintenance services. The written schedule must be approved by the DMV Project Manager before the Contractor begins performing services under this Agreement

(2). Schedule change requests shall be submitted in writing to the DMV Project Manager and shall be approved at the discretion of the DMV. Schedule changes shall not be approved to accommodate the Contractor’s negligence in performing scheduled services timely or failure to perform all required services.

(3). Should inclement weather prevent the Contractor from starting and/or completing scheduled work, the impacted work shall be rescheduled and performed by the Contractor within four (4) calendar days. Any rescheduling of work due to inclement weather shall approved by the DMV Project Manager in writing.

(4). It is the Contractor’s responsibility to ensure that services are completed as scheduled and any missed services are rescheduled and made up timely before the next scheduled service. If services are not made up by the next scheduled service, the Contractor shall perform any necessary cleanup work to get the DMV property back to a DMV approved maintenance standard at no additional cost to the DMV.

C. Satisfactory Services

(1). It is the Contractor’s responsibility to ensure that all services are completed as scheduled, as specified within this Scope of Work, to the satisfaction of the DMV.

(2). The DMV shall consider the Contractor’s services to be satisfactory when:

a. All services are performed and completed as scheduled and as specified within this Scope of Work.

b. All work areas are visibly neat, clean, and well-manicured and all bottles, cans, landscape debris, and any other debris or trash have been collected and removed from the DMV property.

c. All drains, catch basins, gutters, and grates in the parking lot are cleared of pine needles and any other debris.

d. All living and/or dead vegetation has been removed from cracks in sidewalks, curbs, parking lots, and other paved areas on the DMV property.

e. All clippings, trimmings, cuttings, trash, and debris resulting from work performed under this Agreement have been collected, hauled away, and properly disposed of on the same day of service.

f. All landscape debris has not been blown, swept, raked, piled, or stored in any parking compounds, landscaping, planters, patios, or on neighboring properties.

D. One-Time Landscape Cleanup Service

(1). If needed and authorized by the DMV Project Manager at the start of this Agreement or following a suspension and reinstatement of services by the DMV, the Contractor shall perform a thorough and comprehensive one-time landscape cleanup service to bring the condition of the DMV property to an approved maintenance level that will be sustained by the Contractor throughout the duration of this Agreement.

(2). The one-time landscape cleanup service shall include all bi-weekly landscape maintenance service tasks specified within this Scope of Work and all the following additional tasks:

a. Weed abatement, removal of flammable debris, and cutting of vegetation near structures.

b. Clearing the entire property of overgrown vegetation, undergrowth, underbrush, stumps, dry grass, and flammable debris.

c. Removal of weeds from fence lines, trimming of shrubs to safe heights, and ensuring that no dead vegetation is left near structures or pathways.

d. Removal of all weeds and debris from the entire DMV property and the five (5) foot perimeter area bordering the DMV property line.

e. Replenishment or application of soil, topsoil, or mulch where needed.

f. Backfilling and filling in holes and eroded/thin areas with dirt, soil, or topsoil to bring back to a proper grade.

E. Bi-Weekly Landscape Maintenance Service

(1). The Contractor shall perform all the following tasks:

a. Lawns

1. Mow lawn areas to a uniform height for the type of grass, region, and season.

2. Define edges along sidewalks, driveways, and planting beds.

3. Trim grass in areas inaccessible by mower.

4. Remove clippings and debris from hard surfaces.

5. Remove weeds from turf.

b. Shrubs, Bushes, Ground Cover, and Climbing Vegetation

1. Maintain shrubs and bushes at a maximum height of thirty-six inches (36”).

2. Perform minimum twelve-inch (12”) skirting to raise the canopy of bushes and shrubs to promote airflow and prevent pest harborage.

3. Prune shrubs twenty-four inches (24”) back from walls and pavement.

4. Remove undergrowth and underbrush.

5. Trim ground cover to prevent overgrowth into pathways and structures and ensure ground cover does not exceed twelve inches (12”) in height.

6. Maintain climbing vegetation to prevent contact with other plants, trees, vertical structures, roofs, and windows.

7. Remove climbing vegetation from tree trunks and from established shrubs and bushes.

8. Ensure plants do not overhang curbs, sidewalks, parking spaces, driveways, doorways, and windows.

9. Thin out overcrowded plants to promote healthy growth and proper spacing.

10. Remove leaf litter, dead vegetation, and debris from planter beds and within vegetation manually or by raking.

11. Prune vegetation in a manner consistent with the natural form of the plant to remove cross branches, improve structural integrity, influence flowering, improve light and air penetration, de-sucker, remove dead or diseased limbs, improve appearance, and control size. There shall be adequate clearance so plant limbs and/branches do not touch the ground.

12. Deep soak new plants unless local soil and moisture condition dictates otherwise for good growth.

13. Remove weeds in a manner so as to not injure ground cover or inhibit health and growth.

14. Replace plants that die or become unhealthy (excluding annual color-spots) at no cost to the DMV.

15. Replace plants provided by the DMV when plants are missing at no additional cost to the DMV.

c. Trees

1. Prune and trim branches or limbs up to eight feet (8’) from the ground.

2. Clear branches and limbs twenty-four inches (24”) to thirty-six inches (36”) away from buildings and other structures.

3. Remove dead, damaged, or diseased branches.

4. Remove sucker growth at or below soil level.

5. Manually water trees with no irrigation.

6. Ensure tree limbs and branches do not overhang curbs, sidewalks, parking spaces, driveways, doorways, and windows to prevent safety and security hazards.

7. Supply, reposition, and/or maintain tree supports to prevent tree damage.

Remove supports for trees that have become self-supporting.

8. Deep soak new trees unless local soil and moisture condition dictate otherwise for good growth.

d. Hardscape Areas (Buildings, Walls, Fences, Outdoor Seating, Tables, Waste Enclosures, and Parking Lot)

1. Use a portable blower to remove debris from hardscape areas.

2. Remove weeds, trash, leaves, and debris from hardscape areas.

Remove vegetation planted directly against vertical structures.

3. Remove vegetation, weeds, and debris within twenty-four inches (24”) of walls, fences, and vertical structures.

e. Cultivation

1. Maintain soil in a loose, friable condition, and replace topsoil and fill holes to bring back to original grade if ground is uneven.

2. Loosen compacted soil around planting beds to improve water infiltration and root health.

3. Aerate soil as needed to maintain soil structure.

4. Grade away areas of soil and pavement directly adjacent to buildings and retaining walls. Water should not pool for any period of time anywhere on building grounds.

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f. Waste Hauling and Disposal

1. The Contractor shall collect and remove all trimmings, fallen leaves, pine needles, weeds, pinecones, loose limbs and branches, stumps, trash, and debris waste from landscape, hardscape, planter beds, curbs, storm drains, gutters, catch basins, holes, and ditches.

2. The Contractor shall haul away and dispose of all waste offsite. 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.

3. The Contractor shall ensure that waste is not disposed of on DMV property, not disposed of in DMV waste collection bins, and not disposed of on neighboring properties.

g. Irrigation System and Watering

1. The Contractor shall test each irrigation zone and controller/timer at the start of this Agreement, on a bi-weekly basis thereafter, and as requested by the DMV Project Manager (or their designee), to ensure all equipment and parts are working correctly.

2. In the event the Contractor finds that any sprinkler-head, shrub-head, riser, or nozzle parts are broken, the Contractor shall immediately inform the DMV Project Manager (or their designee). The DMV will provide the replacement parts and the Contractor will install the replacement parts at no additional cost to the DMV.

A. In the event any other irrigation system parts become missing, damaged, or defective (e.g., mainline valve, controller/timer, or PVC pipe), the Contractor shall turn water off immediately and notify the DMV Project Manager (or their designee).

B. Repairs to all irrigation system equipment/parts, other than replacing sprinkler-heads, shrub heads, risers, or nozzles, shall be performed by a contractor of the DMV’s choice under a separate agreement.

3. The Contractor shall ensure watering cycles are compliant with all local ordinances regarding watering times.

4. The Contractor shall cycle watering times to cause the least inconvenience to the building occupants and visitors, ensuring that entrances are not wet during the arrival and departure of employees and/or customers. The Contractor shall not operate the sprinkler system when extremely windy conditions prevail.

(2). The Contractor shall clean, adjust, and maintain sprinkler heads at a proper height on a continuous basis to prevent runoff of excess water and ensure that lawns, ground covers, shrubs, and trees are always adequately and evenly watered.

F. 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.

G. Watering Restrictions

(1). Notwithstanding the other directions concerning irrigation or other use of water under this Agreement, the Contractor shall comply with local, regional, and state-wide water use rules and regulations applicable to the use of water for landscaping purposes on privately-owned property, except as otherwise specifically directed by the DMV in writing.

(2). Notwithstanding the other directions concerning landscape practices under this Agreement, the DMV may direct the Contractor in writing: to modify, reduce, or eliminate irrigation of specific portions of the landscape or all of the landscape; reduce the frequency of lawn mowing; reduce the frequency of tree and shrub pruning; reduce the use of fertilizer; increase the use of mulch; and take other similar steps which the DMV finds necessary or desirable.

(3). In the event that plants become unhealthy or die as a result of a change in landscape practices requested or required by the DMV in writing, the Contractor shall not be responsible for providing replacement plants or the services to plant replacement plants, notwithstanding other provisions of this Agreement.

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 timesheets, status reports, or any other required documentation of work completed, the DMV agrees to compensate the Contractor the rates in the table below, all taxes included, no more frequently than on a monthly basis in arrears. The Contractor shall submit a completed Exhibit F “One-Time Landscape Cleanup Service Log” document (when applicable) and a completed Exhibit G “Bi-Weekly Landscape Maintenance Service Log” document with each invoice for payment.

DESCRIPTION COST

One-Time Landscape Cleanup Service (if requested by the DMV)

$TBD (to be completed by DMV) one-time payment

Bi-Weekly Landscape Maintenance Service (Seventy-eight [78] Services

$TBD (to be completed by DMV) per service

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

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

(2). Name, address, and telephone number of the DMV representative or office indicated within this Agreement to whom the invoice is being mailed or delivered.

(3). Date the invoice was prepared.

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

(5). The Agreement number.

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

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

(8). Total number of days in the billing period that the Contractor was required to perform services.

(9). Dates within the billing period that the Contractor failed to render required services.

(10). Total amount invoiced (include calculations showing how the total amount invoiced was determined by including any pro-rata reduction amounts if applicable).

C. If this Agreement requires the Contractor to provide time sheets, status reports, payroll information, or other documentation of work done, the Contractor shall not submit an invoice and the State shall not be liable for payment while the Contractor has failed to provide the time sheets, status reports, or other documentation of work for the segment of work covered by the invoice.

D. The Contractor’s invoice(s) shall be emailed to: TBD

EXHIBIT B

2. 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.

3. 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).

4. 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 perform work on any required working day, and the DMV goes without the required work because the DMV is unable to obtain the work from an alternate source due to time constraints, the DMV shall be entitled to $50.00 per day as liquidated damages.

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.