HomeMy WebLinkAbout17 - Bonita Creek Park Synthetic Turf Replacement Project (CAP09-0066)Y I
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FROM:
PREPARED BY:
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TITLE:
ABSTRACT:
CITY OF
NEWPORT REACH
City Council Staff Report
March 10, 2015
Agenda Item No. 17
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director- (949) 644 -3330,
dawebb@newportbeachca.gov
Peter Tauscher, Civil Engineer
(949) 644 -3316
Bonita Creek Park Synthetic Turf Replacement Project — Award to FieldTurf USA,
Inc. (CAP09 -0066)
Staff is requesting approval to purchase and contract for the installation of synthetic turf from FieldTurf
USA, Inc. of Calhoun, Georgia at Bonita Creek Park through the California Multiple Award Schedule
(CMAS).
RECOMMENDATION:
Authorize the Mayor to execute a contract with FieldTurf USA, Inc. based on substantially the same terms
included in the State of California Multiple Awards Schedule Agreement No. 4- 06- 78- 0031A, for the
purchase and installation of synthetic turf materials for use at the Bonita Creek Park Sport Fields.
FUNDING REQUIREMENTS:
Sufficient funding is available for the award of this purchase agreement. The following funds will be
expended:
Account Description Account Number Amount
Major Facilities Financing Plan 7417- C4002017 $ 764,436.00
Total:$ 764,436.00
Proposed use is as follows:
Vendor Purpose Amount
FieldTurf USA, Inc. Procurement and Construction Contract $ 764,436.00
Total:$ 764,436.00
17 -1
0169111 1-19L*121E
In 2009, the City conducted the Engineering Preliminary Study for Synthetic Turf Projects of the City of
Newport Beach. The study indexed thirteen of the City's parks, ranking each based on criteria such as
sport utilization, applicability of synthetic turf, construction costs, anticipated savings for field maintenance,
water use reduction, and where we can show a significant increase in the number of users who can use
the fields. The findings ranked Bonita Creek Park as the most ideal place for synthetic turf installation.
This synthetic turf replacement project will replace the existing grass at the southerly portion of the Bonita
Creek Park which includes the softball and football /soccer fields. The northerly half of the park will remain
natural turf. By replacing the existing natural grass, the City expects that a net of over 67,000 field users
annually will be able to use the synthetic turf field versus the amount that can use it today given today's
field downtimes. There also will be a decrease in field maintenance costs and a reduction in water usage.
On February 3, 2015, staff presented this project to the Parks, Beaches, and Recreation (PB &R)
Commission. Following the presentation, the PB &R Commission posed questions to staff and the
consultant. The majority of the public who provided public comments spoke in favor of the current project,
noting how much they are looking forward to using the new synthetic turf fields. Following the presentation
and discussion, the PB &R Commission voted 4 to 1 in support of the synthetic turf replacement project.
In lieu of the traditional design- bid -build project delivery method, staff determined that the best economic
method of construction of the new synthetic turf field would be to utilize the State's CMAS purchasing
program managed by the State of California Department of General Services (DGS). The DGS manages
and establishes costs for purchases through CMAS using competitive bid and offer processes from
various product manufacturers, including those who specialize in synthetic turf. Through this state -
managed CMAS competitive procurement and award process, public agencies are able to purchase
products directly from the manufacturer using this system without undertaking a separate bid process. The
City has been a regular user of the CMAS purchasing program to purchase a large variety of materials and
equipment.
The large pool of public agencies participating in CMAS creates an economy of scale allowing
manufacturers to sell in greater volume passing the savings on to the participating agencies. Furthermore,
the FieldTurfs CMAS contract states local agencies are not restricted by the state order limits and may
establish their own limits.
Following the recommendations in the 2009 report, staff from Public Works and Recreation & Senior
Services Department conducted several meetings to discuss providing sufficient programming for all park
users which include softball, soccer, and football. Several synthetic turf products were evaluated and it
was concluded the best product for this park would be FieldTurf Revolution. The City's consultant, RJM
Design Group, has designed numerous sports parks using FieldTurf products and included FieldTurf as
part of the project specification. Staff research has found FieldTurf to be a proven, durable, high
performance product that is recommended by local municipalities. By using FieldTurf the City is ensuring a
quality product at a pre- negotiated price and will not need to pay any contractor mark -up for installation.
The purchase and installation price of $764,436.00 established through CMAS includes taxes,
performance and payment bond, insurance, grooming and maintenance equipment, and an eight year
warranty. Excluding maintenance equipment, the per square foot cost of the 2.5 -inch and 2.25 -inch
installed synthetic turf is $4.55 and $4.40, respectively.
Currently, staff is also working with the Municipal Water District of Orange County ( MWDOC) in an effort to
secure a rebate as part of their Orange County Turf Removal Program for up to $2.00 per square foot.
Staff has applied for these funds and feels this project will qualify for the program. Staff will continue
working to secure these funds but most likely will not receive a notice to proceed from MWDOC until April
2015.
17 -2
In addition to the selection and approval of this synthetic turf material, Public Works is also in the process
of finalizing the construction drawings for the demolition, grading, sub - surface prepare and hardscape
construction work that needs to take place prior to the turf installation. This bid package will be advertised
in March, with construction expected to begin in late spring, heavy construction work taking place over the
summer, and the rehabilitated park re- opening to the public prior to fall 2015 sports season.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California Environmental Quality Act
( "CEQA ") pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of
capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Location Man
Attachment B - CMAS Contract No. 4- 06- 78 -0031A
Attachment C - Purchase and Installation Contract
17 -3
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BONITA CREEK PARK SYNTHETIC FIELD TURF REPLACEMENT PROJECT PUBLIC WORKS DEPARTMENT
LOCATION MAP
CAP09 -0066
03/10/2015
17 -4
ATTACHMENT B
Procurement Division
i+ 0 707 Third Street, 25' Floor, MS #2 -202
,.,::ia West Sacramento, CA 95605 -2811
State of California
ULT6� LE SCHEDULE
-r
CONTRACT NUMBER:
4- 06- 76 -0031A
SUPPLEMENT NO.:
3
CMAS CONTRACT TERM:
11/08/2011 through 11/30/2016
CONTRACT CATEGORY:
Non Information Technology Goods
APPLICABLE
TERMS. & CONDITIONS:.
August 2010
MAXIMUM ORDER LIMIT:
$100,000
FOR USE BY:
State & Local Government Agencies
BASE GSA SCHEDULE NO.:
GS- 07F -9631S
BASE SCHEDULE HOLDER:
I FieldTurf USA;, Inc.
This contract provides for the purchase, warranty and installation of
synthetic turf, surface and flooring. Installation charges are included in
the price of the product.
The purpose of this contract supplement is to incorporate the following change:
Revise the original prompt payment language to align with the modification to the GSA Prompt Payment Terms:
PAYMENTSAND INVOICES
1. Payment Terms
Payment terms for this contract are net 45 days.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government
Code Section 927 et. sec. Unless expressly exempted by statute, the Act requires State agencies to pay
properly submitted, undisputed invoices not more than 45 days after (i) the date of acceptance of goods or
performance of services; or (ii) receipt of an undisputed invoice, whichever is later.
All other terms and conditions and provisions of the contract remain unchanged.
r — Effective Date: 10/9/2012
JOHNSON, Program Analyst, California Multiple Award Schedules Unit
17 -5
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
FIELDTURF USA, INC.
CMAS NO. 4- 06- 78- 0031A, SUPPLEMENT NO. 2
CMAS PRODUCT & SERVICE CODES
The.CMAS Product & Service Codes listed below are for
marketing purposes only. Review this CMAS contract
and the base contract identified below for the products
and /or services available on this contract..
Brand - Fieldturf
Floor Cov- Hardwood
Floor Cov- Rubber Sheeting/Tile
Floor Cov -Sport Flooring
Floor Cov- Synthetic Turf
Playground- Surface Rubberized,
Sport Surface- Synthetic Track
AVAILABLE PRODUCTS AND1OR SERVICES
Only products from the manufacturer(s) listed below are
available within the scope of this contract:
FieldTurf
The ordering agency must verify all products and /or
services are currently available on the base GSA
schedule at the GSA eLibrary. Access the GSA eLibrary
at www.gsaelibrary.gsa.gov.
CMAS BASE CONTRACT
This CMAS contract is based on some or all of the
products and/or services and prices from GSA
#GS- 07F -9631S ( FIELDTURF USA, INC.) with a
GSA term of 810712011 through 8/06/2016. 'The
term of this CMAS contract incorporates an
extension of three months beyond the expiration
of the base GSA contract, and is shown in the
"CMAS Term Dates" on page 1.
ISSUE PURCHASE ORDER TO
Agency purchase orders must be mailed to the following
address, or taxed to (514) 340-9374:
FieldTurf USA, Inc.
8088 Montview Rd
Montreal, QC H4P 21-7
CANADA
Attn: Tara Clarini
Agencies with questions regarding products and /or
services may contact the contractor as follows:
Phone: (514) 340-9311, Ext 158
E -mail: tara.clarini @fieldturf.com
CALIFORNIA SELLER'S PERMIT
FieldTurf USA,_Inc.'s California Seller's Permit No. is
97731798. Prior to placing an order with this company,
agencies should verify that this permit is still valid at the
following website: www.boe.ca.gov.
Ordering Instructions and Special Provisions
2
CONTRACT PRICES
The maximum prices allowed for the products and /or
services available in this CMAS contract are those set
forth in the base contract identified on page 2 of this
contract.
The ordering agency is encouraged to seek prices lower
than those on. this CMAS contract. When responding to
an agency's Request for Offer (RFO), the contractor can
offer lower prices to be competitive..
DARFUR. CONTRACTING. ACT
This contractor, has certified compliance to the Darfur
Contracting Act per PCC section 10475, et.seq. See the
attached certification from this contractor regarding this
act.
AMERICAN RECOVERY AND REINVESTMENT ACT
(ARRA)
Ordering departments executing purchases using ARRA
funding, must attach the ARRA Supplemental Terms and
Conditions document to their individual RFOs and
purchase documents. Departments are reminded that
these terms and conditions supplement, but do not
replace, standard State terms and conditions associated
with this CMAS contract. The ARRA Supplemental
Terms and Conditions can be accessed at
www. documents: dqs .ca.gov /pd /poliproc /ARRATand %20
C081009final.odf.
WARRANTY
For warranties, see the federal GSA schedule and the
CMAS Terms and Conditions, General Provisions, CMAS'
Warranty.
DELIVERY
60 days after receipt order, or as negotiated between
agency and contractor and included in the purchase
order, or as otherwise stipulated in the contract.
PURCHASING AUTHORITY DOLLAR THRESHOLD
No CMAS order may be executed by a State agency that
exceeds that agency's CMAS purchasing authority
threshold or the CMAS maximum order limit, whichever is
less.
HOW TO USE CMAS 'CONTRACTS
Agencies must adhere to the detailed requirements in the
State Contracting Manual (SCM) when using CMAS
contracts. The requirements for the following bullets are
in the SCM, Volume 2, Chapter 6 (for non -IT) and the
SCM, Volume 3, Chapter 6 (for IT):
17 -6
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
FIELDTURF USA, INC.
CMAS NO. 4- 06- 78 -0031A, SUPPLEMENT NO. 2
• Develop a Request for Offer, which includes a Scope
of Work (SOW), and Bidder Declaration form. For
information on the Bidder Declaration requirements,
see the SCM, Volume 2, Section 3.5.7 and Volume
3, Section 3.4.7.
• Search for potential CMAS contractors at
www.d.gs.ca.gov/pd/Programs/Levera.ged/CMAS.asp
select "Find a CMAS Contract".
• Solicit offers from a minimum of 3 CMAS contractors
including one small business and/or DVBE, if
available, who are authorized to sell the products
and /or services needed
• If soliciting offers from a certified DVBE, include the
Disabled Veteran Business Enterprise Declarations
form (Std. 843) in the Request for Offer. This
declaration must be completed and returned by the
DVBE prime contractor and /or any DVBE
subcontractors. (See the SCM Volumes 2 and 3,
Chapter 3)
• This is not a bid transaction, so the small business
preference, DVBE participation goals, protest
language, intents to award, evaluation criteria,
advertising, etc., are not applicable.
• If less than 3 offers are received. State agencies
must document their file with the reasons why the
other suppliers solicited did not respond with an
offer.
• Assess the offers received using best value
methodology, with cost as one of the criteria.
• Issue a Purchase Order to the selected contractor,
• For CMAS transactions under $5,000 only one offer
is required if the State agency can establish and
document that the price is fair and reasonable.
• Orders for Information Technology goods and
services exceeding $250,000 require approval by
Agency Secretary and Department Director or
immediate next ranking official.
Local governments set their own order limits, and are not
bound by the order limits on the cover page of this
contract.
SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is
prohibited.
Do not circumvent normal procurement methods by
splitting purchases into a series of delegated purchase
orders (SAM 3572).
Splitting a project into small projects to avoid either fiscal
or procedural controls is prohibited (SAM 4819.34).
MINIMUM ORDER LIMITATION
The minimum dollar value of an order to be issued under
this contract is $2,000.
Ordering Instructions and Special Provisions
ORDERING PROCEDURES
1. Order Form
State agencies shall use a Contract/Delegation
Purchase Order (Std. 65) for purchases and
services.
Local governments shall, in lieu of the State's
Purchase Order (Std. 65), use their own purchase
order document.
Electronic copies of the State Standard Forms can
be found at the Office of State Publishing website.
The site provides information on the various forms
and use with the Adobe Acrobat Reader. Beyond
the Reader capabilities, Adobe Acrobat advanced
features may be utilized if you have Adobe Business
Tools or Adobe Acrobat 4.0 installed on your
computer. Direct link to the Standard Form 65:
www.dqs.ce.gov/ospIProQrams/FormsManagementC
enter /F i IIPri ntList, asox
2. Purchase Orders
State and Local Government agencies are required
to send a copy of each CMAS purchase order to:
Department of General Services
Procurement Division, Data Management Unit
PO Box 989052, MS #2 -203
West Sacramento, CA 95798 -9052
(or via Interagency Mail Service #Z -1)
The agency is required to complete and distribute
the order form. For services, the agency shall
modify the information contained on the order to
include the service period (start and end date), and
the monthly cost (or other intermittent cost), and any
pertinent to the services being
st for each line item should be
rder, not just system totals.
The contractor must immediately reject orders that
are not accurate. Discrepancies are to be
negotiated and incorporated into the order prior to
the products and services being delivered.
3. Service and Delivery after Contract Expiration
The purchase order must be issued before the
CMAS contract end term expires. However, delivery
of the products or completion of the services may be
after the contract end term expires (unless otherwise
specifically stated In the contract), but must be as
provided for in the contract and as specified in the
purchase order.
17 -7
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
FIELDTURF USA, INC.
CMAS NO. 4-06-78-0031 A, SUPPLEMENT NO. 2'
4. Multiple Contracts on STD, 65 Order Form In response to our commitment to increase participation
by small businesses, the Department of General
Agencies may include multiple CMAS contracts from Services waives the administrative fee (a fee currently'
the same contractor on a single Std, 65 charged to customer agencies to support the CMAS
Contract/Delegation Purchase Order. For program) for orders to certified small business
guidelines, see the SCM, Volumes 2 & 3, Chapter enterprises.
6.64.1.
S. Amendments to Agency's Purchase Orders
Agency, purchase orders cannot be amended if the
CMAS contract has expired.
The SCM, Volumes 2 & 3, Chapter 6.A5.0 provides
the following direction regarding amendments to all
types of CMAS purchase orders:
Original orders, which include options for changes
(e.g,, quantity ortime), that were evaluated and
considered in the selection for award during the
RFO process, may be amended consistent with
the terms of the original order, provided that the
original order allowed for amendments. If the
original order did not evaluate options, then
amendments are not allowed unless an NCB is
approved for those amendments.
Amendments unique to non -IT services are covered .
in the SCM, Volume 2, Chapter 6:62.9 as follows:
If the. original contract permitted amendments, but
did not specify the changes (e.g., quantity or
time), it may be amended. This only applies to
the first amendment. The time shall not exceed
one year, or add not more than 30% of the
original order value and may not exceed
$250,000. If the original contract did not have
language permitting amendments, the NCB
process must be followed.
Also, seethe SCM, Volumes 2 & 3, Chapter 8, Topic
6, for more information on amending purchase
orders.
CONTRACTOR OWNERSHIP INFORMATION
FieldTurf USA, Inc, is a large business enterprise.
SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State
agencies shall whenever practicable first consider offers.
from small businesses that have established CMAS
contracts [GC Section 14846(b)]. NOTE:: The
,Department of General Services auditors will request
substantiation of compliance with this requirement when
agency files are reviewed.
The following website lists CMAS Small Business and
Disabled Veteran Partners:
www.dqs.ca.govlpd/Programs/Leveraged/CMAS.aspx
then select "Find 'a.. CMAS Contractor."
Ordering Instructions and Special Provisions
See the current fees in the DGS Price Book at:
www.dqs.ca.gov/ofs/Resources/Pricebook.aspx
SMALL BUSINESSIDVBE - TRACKING
State agencies are able to claim subcontracting dollars
towards their small business or DVBE goals whenever
the Contractor subcontracts a commercially useful
function to a certified small business or DVBE. The
Contractor will provide the ordering agency with the
name of the small business or DVBE used and the dollar
amount the ordering agency can apply towards its small
business or DVBE goal.
SMALL BUSINESSIDVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards
achieving its small business or DVBE goals' is the
dollar amount of the subcontract award made by the
Contractor to each small business or DVBE.
2. The Contractor will provide an ordering agency with
the following information at the time the order is
quoted:
a. The Contractor will state that, as the prime
Contractor, it shall be responsible for the overall
execution of the fulfillment of the order.
b. The Contractor will indicate to the ordering
agency how the order meets the small business
or DVBE goal, as follows:
• List the name of each company that is
certified by the Office of Small Business and
DVBE Certification that it intends to
subcontract a commercially useful function
to; and
• Include the small business or DVBE
certification number of each company listed,
and attach a copy of each certification; and
• Indicate the dollar amount of each
subcontract with a small business or DVBE
that may be claimed' by the ordering agency
towards the small business or DVBE goal;
and
• Indicate what commercially useful . function
the small business or DVBE subcontractor
will be providing towards fulfillment of the
order.
3:. The ordering agency's purchase order must be
addressed to the prime Contractor, and the
purchase order must reference the information
provided by the prime Contractor as outlined above.
17 -8
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
FIELDTURF USA, INC.
CMAS NO, 4- 06- 78- 0031A, SUPPLEMENT NO. 2
NEW EQUIPMENT REQUIRED,
The State will procure .new equipment. . All equipment
must be new (or warranted as newly manufactured) and
the latest, model in current production. Used, shopworn,
demonstrator, prototype, or discontinued models are not
acceptable.
Where Federal Energy Management Program (FEMP)
standards are available, all State agencies shall
purchase only those products that meet the
recommended standards. All products displaying the
Energy Star label meet the FEMP standards.
SPECIAL MANUFACTURED GOODS
Any contract for goods to be manufactured by the
contractor specifically for the State and not suitable for
sale to others may require progress payments.
For Non -IT goods contracts, see the CMAS contract Non -
IT Commodities Terms & Conditions, Provision #69,
Progress Payments.
PRODUCT INSTALLATION
The contractor is fully responsible for all installation
services performed under the CMAS contract. Product
installations must be performed by manufacturer
authorized personnel and meet manufacturer
documented specifications.
The prime contractor, as well as any subcontractors,
must hold any certifications and /or licenses required for
the project.
PUBLIC WORKS (INSTALLATION' SERVICES ONLY)
A public works contract is defined as an agreement for
"the erection, construction, alteration, repair, or
improvement of any public structure, building, road, or
other public improvement of any kind" in accordance with
the Public Contract Code (PCC) Section 1101. State
agencies planning these types of projects need to review
the SCM, Volume 1, .Chapters 1.0 and 11 for applicable
guidelines and regulations. Also, the Department of
General Services (DGS), Real Estate Services Division
(RESD) can be contacted at (916) 376 - 1748, if you have
questions about these types of transactions.
Agency CMAS purchase orders may allow for public
works installation only when it is incidental to the total
purchase order amount. The total dollar value of all
public works services included in the purchase order
must not exceed the dollar value of the products.
Agencies are to ensure that the applicable laws and
codes pertaining to the contractor and sub - contractor
licensing, prevailing wage rates, bonding, labor code
requirements, etc., are adhered to by the prime
contractor as well as any sub - contractor during
performance under the CMAS purchase order.
Ordering Instructions and Special Provisions.
The bond amount for public works has increased to a
sum not less than one hundred percent (100 %) of the
purchase order price.
NOTE: In accordance. with Labor Code Section 1773.2,
the ordering agency is responsible for determining the
appropriate craft, classification or type of worker needed
for any contract for public works. Also, the agency is to
specify the applicable prevailing wage rates as
determined by the Director of the Department of
Industrial Relations (DIR). In lieu of specifying the
prevailing wage rates, the agency may include a
statement on the order that the prevailing wage rates are
on file at the agency's office, and will be made available
upon request. The prevailing wage rates are available
from the DIR at www.dir.ca:gov (select Statistics. &
Research) or (415) 703 -4774.
Bonds: For guidelines, see CMAS contract, General
Terms. and Conditions, Public Works Requirements.
State Contractor's License: Public works, services can
be obtained through CMAS only if incidental to the
overall purchase order. If incidental public works
services are included in the purchase order, prior to
issuing the order agencies should contact the State
Contractor's License Board at 1- 800- 321 -2752 or at
www.cslb.ca.gov to verify that the Contractors License
shown below is still active and in good standing.
FieklTurf USA, Inc.'s California Contractor's License
number is 849044. This is a Class D12 Synthetic
Products license that is valid through 10131/2012.
NOT SPECIFICALLY PRICED (NSP) ITEMS
This provision is not applicable to this CMAS contract.
STATE AND LOCAL GOVERNMENTS CAN USE CMAS
Slate and local government agency use of CMAS
contracts is optional. A local government is any city,
county, city and county, district, or other local
governmental, body or corporation, including UC, CSU,
K -12 schools and community colleges empowered to
expend public funds. While the State makes this
contract available, each local government agency should
make its own determination whether the CMAS program
is consistent with their procurement policies and
regulations.
UPDATES. AND /OR' CHANGES
A CMAS amendment is not required for updates and /or
changes once the update and /or change becomes
effective for the federal GSA schedule, except as follows:
• A CMAS amendment tis required when the contract
is based on products and /or services from another
contractor's multiple award contract and the
contractor wants to add a new manufacturers
products and /or services.
17 -9
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
FIELDTURF'USA, INC. -
CMAS NO. 4- 06- 78- 0031A, SUPPLEMENT NO. 2
A. CMAS amendment is required for new federal
contract terms and conditions that constitute a
material difference from existing contract terms and
conditions. A material change has a potentially
significant effect on the delivery, quantity or quality
of items provided, the amount paid to the contractor
or on the cost to the State.
A CMAS amendment is required for changes to
contracts that require California Prison Industry
Authority (CALPIA) approval.
A CMAS amendment is required to update and/or change
terms and conditions and /or products and services based
on a non - federal GSA. multiple award contract.
SELF- DELETING FEDERAL GSA TERMS. AND
CONDITIONS
Instructions, or terms and conditions that appear in the
Special Items or other provisions of the federal GSA and
apply to the purchase, license, or rental (as applicable) of
products or services by the U.S. Government in the
United States, and /or to any overseas location shall be
self- deleting. (Example: "Examinations of Records"
provision).
Federal regulations and standards, such as Federal
Acquisition Regulation (FAR), Federal Information
Resources Management Regulation (FIRMR), Federal
Information Processing Standards (FIPS), General
Services Administration Regulation (GSAR), or Federal
Installment Payment Agreement (FIPA) shall be self -
deleting. Federal blanket orders and small order
procedures are not applicable.
ORDER OF PRECEDENCE
The CMAS Terms and Conditions shall prevail if there is
a conflict between the terms and conditions of the
contractor's federal GSA (or other multiple award
contract), packaging, invoices, catalogs, brochures,
technical data sheets or other documents (see CMAS
Terms and Conditions, CONFLICT OF TERMS).
APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are
applicable. THE USE OF CMAS DOES NOT REDUCE
OR RELIEVE STATE AGENCIES OF THEIR
RESPONSIBILITY TO MEET STATEWIDE
REQUIREMENTS REGARDING CONTRACTING OR
THE PROCUREMENT OF GOODS OR SERVICES.
Most procurement and contract codes, policies, and
guidelines are incorporated into CMAS contracts.
Notwithstanding this, there is no guarantee that "every"
possible requirement that pertains to all the different and
unique State processes has been included.
Ordering Instructions and Special Provisions
STATEWIDE PROCUREMENT REQUIREMENTS
Agencies must carefully review and adhere to all
statewide procurement requirements in the SCM,
Volumes. 2 and 3, such as:
• Automated' Accounting System requirements of
State Administrative',Manual (SAM) Section 7260 -62
• Productive Use Requirements, per the SCM,
Volume 3, Chapter 2, Section236.2.
•
SAM Sections 4819.41 and 4832 certifications for
information technology procurements and
compliance with policies.
• Services may not be paid for in advance.
•
Agencies are required to file with the Department of
Fair Employment and Housing (DFEH) a Contract
Award Report Std. 16 for each order over $5,000
Within 10 days of award, including supplements that.
exceed $5,090.
Pursuant to Public Contract Code Section 10359
State agencies are to report all Consulting Services
Contract activity for the preceding fiscal year to DGS
and the six legislative committees and individuals
that are listed on the annual memorandum from
DGS.
• Pursuant to Unemployment Insurance Code Section
1088.8, State and local government agencies must
report to the Employment Development Department
(EDD) all payments for services that equal $600 or
more to independent sole proprietor contractors.
See the contractor's' Std. Form 204, Payee Data
Record, in the CMAS contract to determine sole
proprietorship. For inquiries regarding this subject,
contact EDD at (916) 651 -6945 for technical
questions or (888) 745 -3886 for information and
forms.
Annual small business and disabled veteran reports.
• Post evaluation reports. Public Contract Code
10369 requires State agencies to prepare post
evaluations on form Std. 4 for all completed non -IT -
consulting services contracts of more than $5,000.
Copies of negative evaluations for non -IT consulting
services only must be sent to the DGS, Office of
Legal Services. The Bureau of State Audits requires
State agencies annually to certify compliance with
these requirements,
ETHNICITY /RACE /GENDER REPORTING
REQUIREMENT
Effective January 1, 2007, in accordance with Public
Contract Code 10111, State agencies are to capture
information on ethnicity, race, and gender of business
owners (not subcontractors) for all awarded contracts,
including CAL -Card transactions. Each department is
required to independently report this information to the
Governor and the Legislature on an annual basis.
Agencies are responsible for developing their own
guidelines and forms for collecting and reporting this
information.
Contractor participation is voluntary.
17 -10
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
FIELDTURF USA, INC.
CMAS NO. 4- 06- 78- 0031A, SUPPLEMENT NO. 2
PAYMENTS AND INVOICES The check covering this fee shall be made payable
to the Department of General Services,.. CMAS. Unit,
1, Payment Terms and '.. mailed to the CMAS Unit along with the
applicable Quarterly Report. Seethe provision in
Prompt Payment. Terms: Prompt payment discount this contract entitled "Contractor Quarterly Report
of 1 % when full payment is received with days or Process" for information on when and where to send
less of installation completion. Net 45 days. these checks and reports.
Payment will be made in accordance with the
provisions of the California Prompt Payment Act,
Government Code Section 927 et. seq. Unless
expressly exempted by statute, the Act requires
State agencies to pay properly: submitted,
undisputed invoices .. not more than 45 days after (i)
the date of acceptance of goods or performance of
services; or (ii) receipt of an undisputed invoice,
whichever is later.
2. Payee Data Record (Std. 204)
Each State . accounting office must have a copy of
the attached Payee Data Record (Std. 204) in order
to process payment of invoices. Agencies should
forward a copy of the Std. 204 to their accounting
offiee(s). Without the Std. 204, payment may be
unnecessarily delayed.
3. DGS Administrative and Incentive Fees
Orders from State Agencies:
The Department of General Services (DGS) will bill
each State agency directly an administrative fee for
use of CMAS contracts. The administrative fee.
should NOT be included in the order total, nor
remitted before an invoice is received from DGS.
This administrative fee is waived for CMAS purchase
orders issued to California certified small
businesses.
Seethe current administrative fees in the DGS Price
Book at:
www.dqs.ca.gov/ofs/Resources/Pricebook.aspx.
Orders from Local Government Agencies:
Effective for CMAS orders dated 171/2010 or later,
CMAS contractors, who are not California certified
small businesses, are required to remit to the DGS
an'incentive fee equal to 1 %of the total of all local
government agency orders (excluding: sales tax and
freight) placed against their CMAS contract(s). This
incentive fee is in lieu of local government agencies
being billed the above referenced DGS
administrative fee.
This incentive fee is waived for CMAS purchase
orders issued to California certified small
businesses.
Ordering Instructions and Special Provisions
4. Contractor Invoices
Unless otherwise stipulated',, the contractor must
send their invoices to the agency address set forth in
the purchase order, Invoices shall be submitted in
triplicate and shall include the following:
Contract number
• Agency purchase order number
• Agency Bill Code
• Line item number
• Unit price
• Extended line item price
• Invoice total
State sales tax and /or use lax shall be itemized
separately and added to each invoice as applicable.
The company name on the CMAS contract,
purchase order and invoice must match or the State
Controller's Office will not approve payment.
5. Advance Payments
Advance payment lis- allowed for services only under
limited, narrowly defined circumstances, e.g.,
between specific departments and certain types of
non - profit organizations, or when paying another
government agency (GC 11256 11263 and 11019).
It is NOT acceptable to pay in advance, except
software maintenance and license fees,, which are
considered a subscription, may be paid in advance if
a provision addressing payment in advance is
included in the purchase order.
Warranty upgrades and extensions may also be paid
for in advance; one time.,
6.. Credit -Card
FieldTurf USA, Inc. does not accept the Slate of
California credit card (CAL - Card).
7. Lease /Purchase Analysis
State agencies must complete a Lease /Purchase
Analysis (LPA) to determine best value when
contemplating a lease /rental, and retain a copy for
future audit purposes (SAM 3700). Approval by the
Department. of General Services is not required..
17 -11
CALIFORNIA MULTIPLE'AWARD SCHEDULE (CMAS)
FIELDTURF USA, INC.
CMAS NO. 4-06-78-0031A, SUPPLEMENT NO, 2
8. Leasing
Except for Federal Lease to Own Purchase (LTOP)
and hardware rental provisions with no residual
value owed at end term ($1 residual value is
.acceptable), .Federal GSA Lease provisions are NOT
available through CMAS because the rates and
contract terms and conditions are not acceptable or
applicable to the State.
SEAT Management financing options are NOT
available through this contract.
As an alternative, agencies may consider financing
through the State's financial marketplace GS $Mart""'. All
terms and conditions and lenders are pre - approved for
easy financing. The GS $MartT^"' Internet address is
www.dqs.ca.gov/pd/programs/statefnancialmarketplace.aspx.
Buyers may contact the GS- $Mart"" Administrator, Pat
Mullen by phone at (916) 375 -4617 or via e-mail at
pat.mullen(@dgs.ca.gov for further information.
CONTRACTOR QUARTERLY REPORT PROCESS
Contractors are required to submit a detailed CMAS
Business Activity Report on a quarterly basis to the
CMAS Unit. See Attachment B for a copy of this form
and instructions. This report shall be mailed to:
Department of General Services
Procurement Division — CMAS Unit
Attention: Quarterly Report Processing
PO Box 989052, MS #2 -202
West Sacramento, CA 95798 -9052
Reports that include checks for incentive fees or that
exceed a total of 5 pages must be mailed and shall not
be faxed or e- mailed. All other reports may be faxed or
e- mailed to the attention of Quarterly Report Processing
as follows:
CMAS Unit Fax Number: (916) 375 -4663
CMAS Unit E -Mail: cmas @dgs.ca.gov
For the full instructions on completing and submitting
CMAS Quarterly Business Activity Reports, and a soft
.copy of a blank quarterly report form, to
www.dqs.ca.ciov/pd/Programs/Leveraged/CMAS.aspx.
then select "For Suppliers /Contractors ".
Important things to remember regarding CMAS Quarterly
Business Activity Reports (referred to as "reports" below):
• A report is required for each CMAS contract each
quarter, even when no new purchase orders are
received in the quarter..
• A separate report is required for each CMAS
contract.
• Each purchase order must be reported only once in
the quarter identified by the purchase orderdate,
regardless of when the services were performed, the
products were delivered, the invoice was sent, or the
payment was received.
Ordering Instructions and Special Provisions 8
• Purchase orders from Stale and local government
agencies must be separated on the report, as shown
in the instructions.
• Contractors must report the sales activity for all
resellers listed on their CMAS contract.
• Any report that does not follow the required format or
that excludes required information will be deemed
incomplete and returned to the contractor for
corrections.
Taxes and freight must not be included in the report.
• For CMAS orders dated 1/1/2010 or later,
contractors are no longer required to attach copies
of purchase orders to their reports. This changed
requirement will start on Q1 -2010 reports, which are
due 4/15/2010,
• For CMAS orders dated 1/1/2010 or later,
contractors who are not California certified small
businesses must attach to their quarterly report a
check covering the required incentive fee for all
CMAS sales to local government agencies (see
more information below).. This new requirement will
start on Q1 -2010 reports, which are due 4/15/2010.
• New contracts, contract renewals or extensions, and
contract modifications will be approved only if the
contractor has submitted all required quarterly
reports and incentive fees.
CMAS Quarterly Business Activity Reports are due in the
CMAS Unit within two weeks after the end of each
quarter as shown below:
2uarter 1
Jan 1 to Mar 31
DueA r 15
Quarter 2
A r 1 to Jun 30
Due Jul 1.5
Quarter 3
Jul 1 to Sep 30
1 - Due. Oct 15
Quarter4
Oct 1 to Dec 31
I Due Jan 15
CONTRACTOR QUARTERLY INCENTIVE FEES
CMAS contractors who are not California certified small
businesses must remit to the DGS an incentive fee equal
to 1 Wof the total of all local government agency orders
(excluding sales tax and freight) placed against their
CMAS contract(s). This incentive fee is in lieu of local
government agencies being billed the above referenced
DGS administrative fee.
CMAS contractors cannot charge local government
agencies an additional ly % charge on aseparate line
item to cover the incentive fee. The contractor must
include the 1 %p incentive fee in the price of the products
or services offered, and the line item prices must not
exceed the applicable GSA prices.
A local government agency is any city, county, district, or
other local governmental body, including the California
State University (CSU) and University of California (UC)
systems, K -12 public schools and community colleges
empowered to expend public funds.
This incentive fee is waived' for CMAS purchase orders
issued to California certified '. small businesses.
17 -12
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
FIELDTURF USA, INC.
CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 2
The check covering this fee shall be made payable to the
Department of General Services, CMAS Unit, and mailed
to the CMAS Unit along with the applicable Quarterly
Report. See the provision in this contract entitled
"Contractor Quarterly Report Process" for information on
when and where to send these checks and reports.
CONTRACTOR PROVIDES COPY OF THE CONTRACT
AND SUPPLEMENTS
CMAS contractors are required to provide the entire
contract that consists of the following:
• Cover pages with DGS logo and CMAS analyst's
signature, and Ordering Instructions and Special
Provisions.
• Payee Data Record (Std. 204).
• California CMAS Terms and Conditions.
• Federal GSA Terms and Conditions.
• Federal GSA products, services, and price list.
• Supplements, if applicable.
It is important for the agency to confirm that the required
products, services, and prices are included in the
contract and are at or below contract rates. To
streamline substantiation that the needed items are in
the contract, the agencies should ask the contractor to
identify the specific pages from the contract that include
the required products, services, and prices. Agencies
should save these pages for their file documentation.
CONTRACTORS ACTING AS FISCAL AGENTS ARE
PROHIBITED
When a subcontractor ultimately provides all of the
products or performs all of the services that a contractor
has agreed to provide, and the prime contractor only
handles the invoicing of expenditures, then the prime
contractor's role becomes that of a fiscal agent because
it is merely administrative in nature, and does not provide
a :Commercially Useful Function (CUF). It is
unacceptable to use fiscal agents in this manner
because the agency is paying unnecessary
administrative costs.
AGENCY RESPONSIBILITY
Agencies must contact contractors to obtain copies of the
contracts and compare them for a best value purchasing
decision.
Each agency is responsible for its own contracting
program and purchasing decisions, including use of the
CMAS program and associated outcomes.
Ordering Instructions and Special Provisions
This responsibility includes, but is not necessarily limited
to, ensuring the necessity of the services,
appropriate funding, complying with laws and policies,
preparing the purchase order in a manner that
safeguards the State's interests, obtaining required
approvals,.. and documenting compliance with .
Government Code 19130:'b (3) for outsourcing services.
It is the responsibility of each agency to consult as
applicable with their legalstaff and contracting offices for
advice depending upon the scope or complexity of the
purchase order.
If you do not have legal services available to you within
your agency, the DGS Office of Legal Services is
available to provide services . on a contractual basis.
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to
determine if there are any potential conflict of interest
issues. See the attached CMAS Terms and Conditions,
Conflict of Interest, for more information.
FEDERAL DEBARMENT
When federal funds are being expended, the agency is
required to obtain (retain in file) a signed "federal
Debarment" certification from the contractor before the.
purchase order is issued.
This certification is required by the regulations
implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Pan 98, Section 98.510,
Participants; responsibilities. The regulations were
published as Part VII of the May 26, 1988 Federal
Register (pages 19160- 19211).
LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages must be included in
the purchase order to be applicable, mutually agreed
upon by agency and contractor; and cannot be a penally.
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all
newly installed technology systems, and individual
equipment, and machines which are added or field
modified (modification of a machine from one model to
another) after a successful performance period, the test
criteria must be included in the purchase order to be
applicable.
SHIPPING. INSTRUCTIONS
F.O.B. (Free On Board) Destination. Seller pays the
freight charges.
17 -13
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
FIELDTURF USA, INC.
CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. '2
AMERICANS WITH DISABILITY ACT (ADA1
Section 504 of the Rehabilitation Act of 1973 as
amended; Title VI and VII of the Civil Rights Act of 1964
as amended; Americans with Disabilities Act, 42 USG
12101; California Code of Regulations, Title 2, Title 22;
California Government Code, Sections 14135, et seq.;
and other federal and State laws, and Executive Orders
prohibit discrimination. All programs, activities,
employment opportunities, and services must be made
available to all persons, including persons with
disabilities. See Attachment for Procurement
Division's ADA Compliance. Policy of Nondiscrimination
on the Basis of Disability.
Individual government agencies are responsible for self
compliance with ADA regulations.
Contractor sponsored events must provide reasonable
accommodations for persons with disabilities.
DGS PROCUREMENT DIVISION CONTACT AND
PHONE NUMBER
Department of General Services
Procurement Division, CMAS Unit
707 Third Street, 2ntl Floor, MS 202
West Sacramento, CA 95605 -2811
Phone # (916) 375 -4363
Fax# (916) 375 -4663
Ordering Instructions and Special Provisions 10
17 -14
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
FIELDTURF USA, INC.
CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 2
ATTACHMENT A
ADA NOTICE
Procurement Division (State Department of General Services) AMERICANS
WITH DISABILITIES. ACT (ADA) COMPLIANCE
POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY
To meet and carry out compliance with the nondiscrimination requirements of the
Americans With Disabilities Act (ADA), it is the policy of the Procurement
Division (within the State Department of General Services) to make every effort
to ensure that its programs, activities, and services are available to all persons,
including persons with disabilities.
For persons with a disability needing a reasonable accommodation to
participate in the Procurement process, or for persons having questions
regarding reasonable accommodations for the Procurement process, please
contact the Procurement Division at (916) 375 -4400 (main office); the
Procurement Division TTY /TDD (telephone device for the deaf) or California
Relay Service numbers which are listed below. You may also contact directly
the Procurement Division contact person who is handling this procurement.
IMPORTANT: TO ENSURE THAT WE CAN MEET YOUR NEED, IT 1S BEST
THAT WE RECEIVE YOUR REQUEST AT LEAST 10 WORKING DAYS
'BEFORE THE SCHEDULED EVENT (i.e., MEETING, CONFERENCE,
WORKSHOP, etc.) OR DEADLINE DUE -DATE FOR PROCUREMENT
DOCUMENTS.
The Procurement Division TTY telephone numbers are:
Sacramento Office: (916) 376 -1891
Fullerton Office: (714) 773 -2093
The California Relay Service Telephone Numbers are:
Voice 1- 800 - 735 -2922 or 1 -888- 877 -5379
TTY: 1- 800 - 735 -2929 or 1.888- 877 -5378
Speech -to- Speech: 1- 800 -854 -7784
Ordering Instructions and Special Provisions
11
17 -15
ATTACHMENT B
CMAS QUARTERLY BUSINIESS ACTIVITY REPORT
Contractor Name:
Contract Number:
For Questions Regarding This Report Contact:
Name:
Phone Number:
E-mail:
Reporting Calendar Year:
Reporting Quarter:
Q1 (Jan -Mar) ❑
Q2 (Apr -Jun) ❑
Q3 (Jul -Sep) ❑
Q4 (Oct -Dec) ❑
Revision ❑
Check Here if No New Orders for This Quarter ❑
;'S;TATE
AGENCY
PURCHASES,,'
State Agency Name
Purchase Order
Number
Purchase Order
Date
Agency Billing
Code
Total Dollars Per
Purchase Order
Agency Contact
Agency Address
Phone Number
Total State Agency Dollars Reported for Quarter: $
LOCAL GOVERNMENT AGENCY PVJRC'HASES
Local Government Agency Name
Purchase Order
Number
Purchase Order
Date
Total Dollars Per
Purchase Order
Agency Contact
Agency Address
Phone Number
Total Local Government Agency Dollars for Quarter: $ 1% Remitted to DGS (does not apply to CA certified S /Bs): $
Total of State and Local Government Agency Dollars Reported for this Quarter: $
Updated 1/1/2010 12
17 -16
ATTACHMENT E
CMlAS QUARTERLY BUSINEss ACTIVITY REPORT
Instructions for completing the CMAS Quarterly Business Activity Report.
1. Complete the top of the form with the appropriate information for your company.
2. Agency Name - Identify the State agency or Local Government agency that issued the order
3. Purchase Order Number - Identify the purchase order number (and amendment number if applicable)
on the order form. This is not your invoice number.. This is the number the State agency or Local
Government agency assigns to the order..
4. Purchase Order Date - Identify the date the purchase order was issued, as shown on the order. This is
not the date you received, accepted, or invoiced the order.
5. Agency Billing Code - Identify the State agency trilling code. This is a five -digit number identified on
the upper right hand corner of the Std. 65 purchase order form. You must identify this number on all
purchases made by State of California agencies. Billing codes are not applicable to Local Government
agencies.
6. Total Dollars Per PO - Identify the total dollars of the order excluding tax and freight. Tax must NOT be
included in the quarterly report, even if the agency includes tax on the purchase order. The total dollars
per order should indicate the entire purchase order amount (less tax and freight) regardless of when you
invoice order, perform services, deliver product, or receive payment.
7. Agency Contact - Identify the ordering agency's contact person on the purchase order.
8. Agency Address - Identify the ordering agency's address on the purchase order.
9. Phone Number - Identify the phone number for the ordering agency's contact person.
10. Total State Sales & Total Local Sales - Separately,identifythe total State dollars and /or Local
Government agency dollars (pre -tax) for all orders placed in quarter.
11. 1 % Remitted to DGS - Identify 1 % of the total Local Government agency dollars reported for the
quarter. This is the amount'to be remitted to DGS by contractors who are not California certified small
businesses.
12. Grand Total - Identify the total of all State and Local Government agency dollars reported for the
quarter.
Notes:
• A report is required for each CMAS contract, each quarter, even when there are no new orders for the
quarter.
• Quarterly reports are due two weeks after the end,of the quarter.
Updated 1/1/2010
13
17 -17
STATE OF CALIFORNIA- DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required When receiving payment from the State of California in lieu of IRS VV-9)
STO:204 (Rev. 6 -2003)
INSTRUCTIONS: Complete all information on this form. Sign, date, and return to the State agency (department/office) address shown at
the bottom of this page. Prompt return of this fully completed form will prevent delays when processing. payments.. Information provided in
this form will be used by State agencies to prepare Information Returns (1099),. See reverse side for more Information and Privacy
Statement.
.NOTE: Governmental entities, federal'• Stale,: and local (including school districts), are not required to submit this form.
PAYEE'S LEGAL BUSINESS NAME (Type or Print)
FleldTurf USA, Inc
2
SOLE PROPRIETOR— ENTER NAME AS SHOWN ON SSN (Last, First, M.I.)
E -MAIL ADDRESS
info fieldturfconi.
MAILING ADDRESS
BUSINESS ADDRESS
8088 moutvlew
175 North'IndustrialBlvd. ATE
CITY, STATE, ZIP CODE
CITY, STATE, ZIP CODE
Montreal'; QC, 1-14P 2L7
Calhoun, G'A, 30701
'..ENTER FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN): 5.1 8 — 12 1 3 1 3 10 1 4 1 1 0 I
NOTE:
3
Payment will not
0 PARTNERSHIP CORPORATION:
be processed
PAYEE.
❑ MEDICAL (e.g., dentistry, . psychotherapy, chiropraclic,. etc.).
'without an
ENTITY
Q ESTATE OR TRUST ❑. LEGAL (e.g., attorney Services)
accompanying.
TYPE
❑• EXEMPT (nonprofit)
taxpayer I.D.
number.
ALL OTHERS
CHECK
ONE BOX
Q INDIVIDUAL OR SOLE PROPRIETOR
ONLY
ENTER SOCIAL SECURITY NUMBER:
(SSN required byeuthority of California Revenue and Tax Code Section 18646
✓] California resident— Qualified to do business in California. or maintains a permanent place of business in California..
0 California nonresident (see reverse side) - Payments to nonresidents for services may be Subject to State income tax
PAYEE
withholding.
RESIDENCY
❑- No services performed in California.
STATUS.
❑ Copy of Franchise Tax Board waiver of State withholding attached.
5
1 hereby certify under penalty of perjury that the information provided on this document is true and correct:
Should my residency status change, Twill promptly notify the State agency below.
AUTHOR17E6 EF REPRE EN(TATIVE'S NAME (Type Print)
TITLE
lor
T1Lei hl 1I�tV �rii.. (A-
UF D
SIGNATUR
DATE
TELEPHONE..
OCR 1 r( `� rU j
800 .724 -2969
,,Please
return co pleted f rm to
/�
Department/Off! e: -. "A rr ..1 1 CE n L Y- '` S v-u ( °Cif.
I�t
Unit/Section: - -fl •. ", r V �r'S i Q Y� ' h i -)n -
y 99
'1� (�'r1_ � 1.1
Mailing'Address: 7 '�' : -+ l mil'. F'r� 1 r� � —I l;J([i v _
II4,.O
City /State /Zip: V LS1 .�.-t (_Vk:tYV�L'Yv�U' i �'.l1 L(+�iI.,C?�
Telephone: ) ,� rJ ` L�3ic Fax: (L I ') ,:i-�S ° 4 L' l �i
yl
E -mail Address: f _Yr1Gt.5 -" G4G1- ('Gt. "o'i CVI
17 -18
CMAS CONTRACT APPLICATION GUIDE
Darfur Contracting Act Certification Form
Pursuant to Public Contract Code, section 10478, if a bidder or proposer currently or within the previous three
years has, had business activities or other operations outside of the United States, it must certify that it is not
a "scrutinized" company as defined in Public Contract Code section 10476. '(See back for instructions.)
Therefore, to be eligible to submit a bid, proposal', or CMAS application, please insert your company name.
and Federal ID Number and complete only one of the•followinothree paragraphs (via Initials for Paragraph
' #1 or Paragraph #2, or via initials and certification for Paragraph #3):
i e ckTLx4 USA, Inc- . 56 a3�s DLI it C)
Company /Vendor Name (Printed) Federal ID Number
Printed Name and Title of Person Initialfng,(for Options 1 or 2)
We do not currently have, or we have not had within the previous three years, business
1'. activities or other operations outside of the United States,
Initials
OR
We are a scrutinized company as defined in Public Contract Code section 10476, but we
have received written permission from the Department of General Services (DGS) to
submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of
2: the written permission from DGS is included with our bid or proposal.
Initials
OR
We currently have, or we have had within the previous three years, business activities or
other operations outside.of the United States, but we certify below that we are not a
3. scrutinized company as defined in Public Contract Code section 10476.
Initials &
Certification
Below
CERTIFICATION FOR #3'
1, the official named below, CERTIFY UNDER PENALTY OF PERJURY that Lam duly authorized to legally
bind the prospective proposer /bidder /applicant to the clause listed above in #3. This certification is Made
under the taws of the State. of California.
IJC-Tpf>a D� oN-T I _
Date Executed Executed in the County and State of
Note Regarding Change of Status — If your company has a change of status, with regard to this certification, during the
term of your contract(s) then it is incumbent on your company to submit an updated Certificatiom. For questions
regarding.. a change of status, . please contact the contract's designated State Contract Administrator.
October 2010 '33
17 -19
GSPD -401 Non -IT Commodities -CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON -1T COMMODITIES
.DEFINITIONS,; The following terms shall be given the meaning
shown, unless context requires otherwise or a'. unique meaning is
otherwise specified:
a) "Business entity" means any individual, business,
partnership, joint venture,. corporation, S- corporation, limited
liability corporation, limited liability partnership, sole'
proprietorship, joint stock company, consortium, or other
private legal entity recognized by statute.
b) "Buyer" means the State's authorized Contracting official.
c) "Contract" means this Contract or agreement (including..
any purchase order), by whatever name known or in
whatever format used.
d) "Contractor" means the Business Entity with whom the
State enters into this Contract. Contractor shall be
synonymous with "supplier', "vendor" or other similar term.
e) "Goods" (commodities) means all types of tangible
personal property, including but not limited to materials,
supplies, and equipment. (including computer equipment and
telecommunications).
f) "State" means the government of the State of California, its
employees and authorized representatives, including without
limitation any department, agency, or other unit of the
government of the State of :California.
2. CONTRACT FORMATION: If this Contract results from a
Contract Offer; then Contractor's offer is deemed a firm offer and
this Contract document is the State's acceptance of that offer.
3. COMPLETE INTEGRATION: This Contract, including any
documents incorporated herein by express reference, is intended
to be a complete integration and there are no prior or
contemporaneous different or additional agreements pertaining to
the-subject matter of the Contract..
4. SEVERABILITY: The Contractor and the State agree that if any
provision of this Contract is found to be .illegal or unenforceable,
such term or provision shall be deemed stricken and the
remainder of the Contract shall remain in full force and effect.
Either party having knowledge of such term or provision shall
promptly inform the other of the presumed non - applicability of
such provision.
6. INDEPENDENTS CONTRACTOR: Contractor and the agents and
employees of Contractor, in the performance of this Contract,
shall act in an independent capacity and not as officers or
employees or agents of the State.
6. APPLICABLE LAW: This Contract shall be governed by and
shall be interpreted in accordance with the laws of the State of
California; venue of any action brought with regard to this
Contract shall be in Sacramento County, Sacramento, California.
The United Nations Convention on Contracts for the International
Sale of Goods shall not apply to this Contract.
7. COMPLIANCE WITH STATUTES AND REGULATIONS:
a). Contractor warrants and certifies that in the performance of
this Contract, it will comply with all applicable statutes, rules,
regulations and orders of the United States and the State of
California and agrees to indemnify the State against any
- loss, cost, damage or liability by reason of :Contractor's
violation of this provision.
b) If this Contract is in excess of $554,000, it is subject to the
requirements of the World. Trade Organization (WTO)
.Government Procurement Agreement (GPA).
August 2010
CONTRACTOR'S POWER AND AUTHORITY: The Contractor
warrants that it has full power and authority to grant the rights
herein granted and will hold the State harmless from and against
any loss, cost, liability, and expense (including reasonable
attorney fees) arising out of any breach of this warranty. Further,
Contractor avers that it will not enter into any arrangement with
any third party which might abridge any rights of the State under
this Contract.
a) The State will notify Contractor of any such claim in writing
and tender the defense thereof within a reasonable time;
and
b) Contractor will have sole control of the defense of any action
- on such claim and all negotiations for its settlement or
compromise; .provided that (i) when substantial principles of
government or public law are involved, when litigation might
create precedent affecting future State operations or liability,
or when involvement of the State is othewise mandated by
law, the State may participate in such action at its own
expense with respect to attorneys' fees and costs (but not
liability); (ii) the State will have the right to approve or
disapprove any settlement or compromise, which approval
will not unreasonably be withheld or delayed; and (iii), the
State will reasonably cooperate in the defense and in any
related settlement negotiations.
9. CMAS -- ASSIGNMENT: This Contract shall not be assignable
by the Contractor in whole or in part without the written: consent of
the State. For the purpose of this paragraph, State will not
unreasonably prohibit Contractor from freely assigning its right to
payment, provided that Contractor remains responsible for its
obligations hereunder.
Should the State desire financing of the assets provided
hereunder through GS $Mart, the State's financial marketplace,
the Contractor agrees to assign to a State- designated lender its
right to receive payment from the State for the assets in
exchange for payment by the lender of the cash purchase price
for the assets. Upon .notice to do so from the State- designated
lender at any time ,prior to payment . by the State for the assets,
the Contractor will execute and deliver to the State - designated
lender an assignment agreement and any additional documents
necessary for the State selected financing plan. The State -
designated lender will pay the Contractor according, to the terms
of the Contractor's invoice upon acceptance of the assets by the
State.
10. WAIVER OF RIGHTS: Any action or inaction by the State or the
failure of the State on any occasion, to enforce any right or
provision of the Contract, shall not be construed to be a waiver by
the State of its rights hereunder and shall not prevent the State
from enforcing such provision or right on any future occasion.
The rights and remedies of the State herein are cumulative and
are in addition to any other rights or remedies that the State may
have at law or in equity.
11: CMAS -ORDER OF PRECEDENCE: In they event of any
inconsistency between the articles., attachments, specifications or
provisions which constitute this Contract, the following order of
precedence shall apply:
a) these General Provisions – Non -IT Commodities;
b). Contract form, i.e, Purchase Order STD 65, etc., and any
amendments: thereto;
C) federal GSA (or other multiple award) terms and conditions;
Page 1'. of 1.0.
17 -20
GSPD -401 Non -1T Commodities -CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON -IT COMMODITIES
d) Statement of Work, . including any specifications
incorporated by reference herein;
e) special terms and: conditions; and
f) all other attachments incorporated in the Contract by
reference.
12. PACKING AND SHIPMENT:
a) All Goods are to be packed in suitable containers for
protection in shipment and storage; and in accordance with
applicable specifications. Each container of a multiple
container shipment shall be identified to:.
i) show the number of the container and the total number
of containers in the shipment; and
ii) the number of the container in which the packing sheet
has been enclosed.
b) All shipments by Contractor or its subcontractors must
include packing sheets identifying: the State's Contract
number; item number; quantity and unit of measure; part
number and description of the Goods shipped; and
appropriate evidence of inspection, if required. Goods for
different Contracts shall be listed on separate packing .
sheets.
c) Shipments must be made as specified in this Contract, as it
may be amended, . or otherwise directed in writing . by the
State's Transportation Management Unit within the
Department of General Services, Procurement Division.
13. TRANSPORTATION COSTS AND OTHER FEES OR
EXPENSES: No charge for delivery, . drayage, express, parcel
post, packing, cartage, insurance, license fees, permits, cost of
bonds, or for any other purpose will be paid by the State unless
expressly included and. itemized in the Contract.
a) "Contractor must strictly follow -Contract requirements
regarding Free on Board (F.O.B.), freight terms and routing
instructions. The State may permit use of an alternate
.carrier at no additional cost to the State with advance written
authorization of the Buyer.
b) If "prepay and add" is selected, supporting freight bills are
required when over $50, unless an exact freight charge is.
approved by the Transportation Management Unit within the
,Department of General Services Procurement Division and a
waiver is granted'.
c) On "F.O.B. Shipping Point" transactions, should any
shipments under the Contract be received by the State in a
damaged condition and any related freight loss and damage
claims filed :against the carrier or carriers be wholly or
partially declined by the carrier or carriers with the inference
that damage was the result of the act of the shipper such as
inadequate packaging or loading or some inherent defect in
the equipment and /or material, Contractor, on request, of the
State, shall at Contractor's own expense assist the State in
establishing carrier liability by supplying evidence that the
equipment and /or material was properly constructed,
manufactured, packaged, and secured to withstand normal
transportation conditions.
14. TIME IS OF THE ESSENCE: Time is of the essence in this
Contract.
15. DELIVERY: Contractor shall strictly adhere to the delivery and
completion schedules specified in this Contract. Time, if stated as
a number of days, shall mean calendar days unless . otherwise
specified. The quantities specified herein are the only quantities
required. If Contractor :delivers in excess of the quantities .
specified herein,. the State shall . not be required to make any
August 2010
payment for the excess Goods, and may return them to
Contractor at Contractors expense or utilize any other rights
available to the State at law or in equity.
16. SUBSTITUTIONS: Substitution of Goods may not be tendered
without advance written consent of the Buyer. Contractor shall
not use any specification in lieu of those contained in the
Contract without written consent of the Buyer.
17, INSPECTION, ACCEPTANCE AND REJECTION:
a) Contractor and its subcontractors will .provide and maintain
a quality assurance system acceptable to the State covering
Goods and services under this Contract and will tender to
the State only those Goods that have been inspected .2nd
found to conform to this Contract's requirements.
Contractor will keep records evidencing inspections. and
their result, and will make these records available to the
State during Contract performance and for three years after
final payment.. Contractor shall permit the State to review
procedures, practices, processes and related documents to
determine the acceptability. of Contractor's quality assurance
system or other business practices related, to performance
of the Contract.
b) All Goods may be. subject to inspection and test bythe.. State
or its authorized representatives.
c) Contractor and its subContractors shall provide all
reasonable facilities for the safety and convenience of
inspectors at no additional cost to the State. Contractor
shall furnish to Inspectors all information and data as may
be reasonably required to perform their inspection.
d) All Goods to be delivered hereunder may be subject to final
inspection, test and acceptance by the State at destination,
notwithstanding any payment or inspection at source -.
e) The State shall give written notice of rejection of Goods
delivered or services performed hereunder within a
reasonable time after receipt of such Goods or performance
of such services. Such notice of rejection will state the
respects in which the Goods do not substantially conform to
their specifications. If the State does not provide such notice
of rejection within thirty (30) days, . unless otherwise specified
in the Statement of Work, of delivery, such Goods and
.services will be deemed to have been accepted. Acceptance
by the State will be final and irreversible, except as it relates
to latent defects, fraud, and gross mistakes amounting to
_ fraud. Acceptance shall not be construed to waive any
warranty rights . that the State might have at law or by
:express reservation in this Contract with respect to any
nonconformity.
16. SAMPLES: -
a) Samples of items may be required :r by the State for
inspection and specification testing and' must be furnished
free of expense to the State. The samples furnished must
be identical in all respects to the products offered and /or
specified in the Contract.
b) Samples, if not destroyed by tests, may, upon request made
at the time the sample is furnished, be returned at
Contractor's expense.
1.9. CMAS -- WARRANTY: The following warranty language is in
addition to the warranty language "provided in the federal GSA
Multiple Award Schedule or other base Contract used to establish
this CMAS Contract: When there is a .conflict between the
language, the following warranty language overrides.
,Page 2 of 10
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GSPD -401 Non -IT Commodities -CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON -IT COMMODITIES
Unless otherwise specified, the warranties contained in this
.Contract begin after acceptance has occurred.
a) Contractor warrants that Goods and services furnished
hereunder will conform to the requirements of this Contract
(including all descriptions, specifications and drawings made
a part hereof), and such Goods will be merchantable, fit for
their intended purposes, . free from all defects in materials
and workmanship and to the extent not manufactured
pursuant to detailed designs furnished by the State; free
from defects in design. The State's approval of designs or
specifications furnished by Contractor shall not relieve the
Contractor of its obligations under this warranty.
b) All warranties, including special warranties specified
elsewhere herein, shall inure to the State, its successors,
assigns, customer agencies and users of the Goods or
services.
20. SAFETY AND ACCIDENT PREVENTION: In performing work
under this Contract on State premises, Contractor shall conform
to any specific safety requirements contained in the Contract or
as required by law or regulation. Contractor .shall take. any
additional precautions as the State may reasonably :require for
safety and accident prevention purposes. Any violation of such
rules and requirements, unless promptly corrected, shall be
.grounds for termination of this Contract in accordance with the
default provisions hereof.
21. INSURANCE: When performing work on property in the care, .
custody or control of the State, Contractor shall maintain all
commercial general liability insurance, workers' compensation
insurance and any other insurance the State deems appropriate
under the Contract.. Contractor shall furnish an insurance
certificate evidencing required insurance coverage acceptable to
the State. Upon request by the Buyer, the Contractor may be
required to have the State shown as an "additional insured" on
selected policies.
22. TERMINATION FOR NON - APPROPRIATION OF FUNDS:
a) If the term of this Contract extends into fiscal years .
subsequent to that in which it is approved, such continuation
of the Contract is contingent on the appropriation of funds
for such purpose by the Legislature. If funds to effect such
continued payment are not appropriated, Contractor agrees
to take back any affected Goods furnished under this
Contract, terminate any services supplied to the State under
this Contract,.and relieve the State of any further obligation
therefor.
b) STATE AGREES THAT IF PARAGRAPH (a) ABOVE IS
INVOKED, GOODS SHALL BE RETURNED TO THE:.
CONTRACTOR IN SUBSTANTIALLY THE SAME
CONDITION IN WHICH DELIVERED TO THE STATE;
SUBJECT TO NORMAL WEAR AND TEAR. STATE
FURTHER AGREES TO PAY FOR PACKING, CRATING,
TRANSPORTATION TO CONTRACTOR'S NEAREST
FACILITY AND FOR REIMBURSEMENT TO THE
CONTRACTOR FOR EXPENSES INCURRED FOR THEIR
ASSISTANCE IN SUCH PACKING AND CRATING.
23. TERMINATION FOR THE CONVENIENCE OF THE STATE:
a) The State may terminate performance of work under this
Contract for its convenience in whole or, from time to time,
in part, if the Department of General. Services, Deputy
Director, Procurement Division, or designee, determines that
a termination is in the State's interest. The Department of
General Services, Deputy Director, Procurement Division, or
August 201.0
designee, shall terminate by delivering to the Contractor a
Notice of Termination specifying the extent of termination
and the effective date thereof. The parties agree that, as to
the terminated portion of the Contract, the Contract shall be
deemed to remain in effect until such time as the termination
settlement, if any, is concluded . and the Contract shall not be
void.
b) After receipt of a Notice of Termination, and except as
directed by the State, the Contractor shall immediately
proceed with the following obligations, as applicable,
regardless of any delay in determining or adjusting any
amounts due under this clause. The Contractor shall:
i). Stop work as specified in the Notice of Termination.
ii) Place no further subContracts for materials„ services,
or facilities, except as necessary to complete the
continued . portion of the Contract.
iii) Terminate all subConlracts to the extent they relate. to
the work terminated..
iv) Settle all outstanding liabilities and termination
settlement proposals arising from the termination of
subContracts; the approval or ratification of which will
be final for purposes of this clause.
24. TERMINATION FOR DEFAULT:
a) The State may, .subject to the Force Majeure ,paragraph
contained herein, by written notice of default to the
Contractor, terminate this Contract in whole or in part if the
Contractor fails to:
'1) Deliver the Goods or to perform the services within the
time specified in the Contract or any amendment
thereto;
'ii) Make progress, so as to endanger performance of this
Contract (but see subparagraph (b) below); or
:iii) Perform any of the other provisions of this Contract (but
.see subparagraph (b), below).
b) The State's right to terminate this Contract under
subparagraphs (a)(ii) and (a)(iii) above, may be exercised if
the Contractor does not cure such failure within the time
frame stated in the cure notice issued by the Buyer.
c) If the State terminates this Contract in whole or in part, it
may acquire,, under the terms and in the manner the Buyer
considers appropriate, Goods or services similar to those
terminated, and the Contractor will be liable to the State for
any excess costs for those Goods or services. However, the
Contractor shall continue the work not terminated.
d) If the Contract is terminated, for default, the State may
require. the Contractor to transfer title and deliver to the
State, as directed by the Buyer, any:
i) Completed Goods, and
ii) Partially completed. Goods and materials, .parts, tools,
dies, jigs, fixtures, plans, drawings, information, and
Contract rights (collectively referred to as
"manufacturing materials" in this clause) that the
Contractor has specifically produced or acquired for the
terminated portion of this Contract. .Upon direction of
the Buyer, the Contractor shall also protect and
preserve property in its possession in which the State
has an interest.
e). The State shall pay Contract price for completed Goods
delivered and accepted. The Contractor and Buyer shall
.agree on the amount of payment for manufacturing
materials delivered, and accepted for the protection and
preservation of the property. Failure to agree will be a
.dispute . under the Disputes clause.. The State may withhold
from these amounts any sum the Buyer determines to be-
Page 3 of 10
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GSPD -401 Non -1T Commodities -CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NOWIT'COMMODITIES
necessary to protect the State against loss because of
installed by the Contractor, or for damage to alterations or
outstanding liens or claims of former lien holders,
attachments that may result from the normal operation and
f) If; after termination, it is determined that the Contractor was
maintenance of the Goods provided by the Contractor during
not in default, or that the default was excusable,.. the rights
the Contract
and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the
28.
INDEMNIFICATION: Contractor agrees to indemnify, defend and
State.
save harmless the State, its officers, agents and employees from
g) The' rights and remedies of the State in this clause are in
any and all claims and losses accruing or resulting to any and all
addition to any other rights and remedies provided . by law or
Contractors, subcontractors, suppliers, laborers and any other
under this Contract.
person, firm, or corporation furnishing or supplying work,
services, materials or supplies to connection with the
25. FORCE MAJEURE:
performance of this Contract; and from any and all claims and
Except for defaults of subContractors at any tier, the Contractor
losses accruing or resulting to any person, firm or corporation
shall not be liable for any excess costs if the failure to perform the
which may be injured or damaged by Contractor in the
Contract arises from causes beyond control and without the
performance of this Contract,
fault or negligence of the Contractor. Examples of such causes
include, but are not limited to:
29.
INVOICES: Unless otherwise specified, invoices shall be -sent to
a) Acts of God or of the public enemy, and
the address set forth herein. Invoices shall be submitted in
b) Acts of the federal or state government in either its
triplicate and .shall include the Contract number; release order
sovereign or Contractual capacity.
number (if applicable); item number; unit price, extended item
If the failure to perform is caused by the default of a
price and invoice total amount. State sales tax and /or use tax
.subContractor at any tier, and if the cause of the default is
.shall be itemized separately and added to each invoice as
beyond the control of both the Contractor and subContractor, and
applicable.
without the fault or negligence of either, the Contractor shall not
be liable for any excess costs for failure to perform. -
30:
REQUIRED PAYMENT DATE: Payment will be made in
.accordance with the provisions of the California Prompt Payment
26. RIGHTS AND REMEDIES OF STATE FOR DEFAULT:
Act, Government Code Section 927 et. seq. Unless expressly
a) In the event any Goods furnished or services provided by
exempted by statute, the Act requires state agencies to pay
the Contractor in the performance of the Contract should fail
properly submitted', undisputed invoices not more than 45 days .
to conform to the requirements herein, or to the sample
.after (i) the date of acceptance of Goods or performance of
submitted by the Contractor, the State may reject the same,
services; or (ii) receipt of an undisputed invoice, whichever is
and' it shall become the duty of the Contractor to reclaim and
later.
remove the item promptly or to correct the performance of
_
services, without expense to the State, and immediately
31.
TAXES: Unless otherwise required by law, the State of California
replace all such rejected items with others conforming to the
is exempt from Federal excise taxes. The Stale will only pay for
Contract.
any State or local sales or use taxes on the services rendered or
b) In addition to any other rights and remedies the State may
Goods: supplied to the State pursuant to this Contract.
have, the State may require Contractor, at Contractor's
expense, to ship Goods via air freight or expedited routing. to
32.
NEWLY MANUFACTURED GOODS: All Goods furnished under
avoid or minimize actual or potential delay if the delay is the
this Contract shall be newly manufactured Goods; used or
fault of the Contractor.. _
reconditioned Goods area prohibited, unless otherwise specified.
c) In the event of the termination of the Contract, either in
whole or in part, by reason of default or breach by the
33:
CONTRACT MODIFICATION: No amendment or variation of the
Contractor, any loss or damage sustained by the State in
terms, of this Contract shall be valid unless made in writing,
procuring any items which the Contractor agreed to supply
.signed by the parties and approved as required. No oral
shall be borne and paid for by the Contractor.
understanding or agreement not incorporated in the Contract is
d) The State .reserves the right to offset the reasonable cost of
binding on any of the parties.
all damages caused to the State against any outstanding
invoices- or amounts owed to Contractor or to make a claim
34.
CONFIDENTIALITY OF DATA: All financial, statistical, personal,
against the Contractor therefore,
Technical and other data and information relating to the State's
operation which are designated confidential by the State and
27. CONTRACTOR'S LIABILITY FOR INJURY TO PERSONS OR
made available to the Contractor in order to carry out this
DAMAGE TO PROPERTY: -
Contract, or which become available to the Contractor to carrying
a) The Contractor shall be liable for damages arising out of
out this Contract, shall be protected by the Contractor from
injury to the person and /or damage to the property of the
unauthorized use and disclosure through the observance of the
State, employees of the State, persons designated by the
same or more effective procedural requirements as are
State for training, or any other person(s) other than agents
.applicable to the State. The identification of all such confidential
or employees of the Contractor, designated by the State for
data and information as well as the State's procedural
any purpose, prior to, during, or subsequent to delivery,
requirements for protection of such data and information from
installation, acceptance, and use of the Goods .either at the
unauthorized use and disclosure: shall be provided by the State in
Contractors site or at the State's- place of business,..
writing to the Contractor: If the methods and procedures
provided that the injury or damage was caused by the fault
employed by the Contractor for the protection of the Contractor's
or neligence of the Contractor.
data and information are deemed by the State to be adequatefor
b) Contractor shall not be liable for damages arising out of or
the protection of the State's confidential information, such
caused by an alteration or an attachment not made or
methods and procedures may be used, with the written consent..
August 2010
Page 4 of 10
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GSPD -401 Non -IT Commodities -CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON -IT COMMODITIES
of the States to carry out the intent of this paragraph. The
Contractor shall not be required under the provisions of this
paragraph to keep confidential any data or information which is or
becomes publicly available, is already rightfully in the Contractor's
possession, is independently developed by the Contractor outside
the scope of this Contract, or is rightfully obtained from third
parties.
35. NEWS RELEASES: Unless otherwise exempted, news releases
pertaining to this Contract shall not, be made without prior written
approval of the Department of General Services..
36. PATENT, COPYRIGHT AND TRADE SECRET INDEMNITY:
a) Contractor shall hold the State of California, its officers,
agents and employees, harmless from liability of any nature
or kind, including costs and expenses, for infringement or
use of any copyrighted or uncopyrighted composition, secret
process, patented or unpatented invention, article or
appliance furnished or used in connection with the Contract.
b) Contractor may be required to furnish a bond to the State
against any and all loss, damage, costs, expenses, claims
and liability for patent, copyright and trade secret
infringement.
c) Contractor, at its own expense, shall defend any action
brought against the State to the extent that such action is
based upon a claim that the Goods or software supplied by
the Contractor or the operation of such Goods pursuant to a
current version of Contractor supplied operating software
infringes a United States patent or copyright or violates a
trade secret. The Contractor shall pay those costs and
damages finally awarded against the State in any such
action. Such defense and payment shall be conditioned on
the following:
i) That the Contractor shall be notified: within a
reasonable time in writing by the State of any notice of
such claim; and;
ii) That the Contractor .shall have the sole control of the
defense- of any action on such claim and all
negotiations for its settlement or compromise,
..provided, however, that when principles of government
or public law are involved, the State shall have the
option to participate in such action at its own expense.
d) Should. the Goods or software, or the operation thereof,
become, or in the Contractor's opinion are likely to become,
the subject of a claim of infringement of a United States
patent or copyright or a trade secret, the State ..shall permit
the Contractor at its option and expense either to procure for
the State the right to continue using the Goods or software,
or to replace or modify the same so that they become
non - infringing. If none of these options can reasonably be
taken, or if the use of such Goods or software by the State
shall be prevented by injunction, the Contractor agrees to
take back such Goods or software and make every
reasonable effort to assist the State in procuring substitute
Goods or software. If, in the sole opinion of the State, the
return of such infringing Goods or software. makes the
retention of other Goods or software acquired from the
Contractor under this Contract impractical, the State shall
then have the option of terminating such Contracts, or
applicable portions thereof, 'without penalty or termination
charge. The Contractor agrees to take back such Goods or
software and refund any sums the State has paid Contractor
less any reasonable amount for use ordamage.
August 2010
e) The Contractor shall have no liability to the State under any
provision of this clause with respect to any claim of patent,
copyright or trade secret infringement which is based' upon:
i) The combination or utilization of Goods furnished
hereunder with equipment or devices not made or
furnished by the Contractor, or,
ii) The operation of equipment furnished by the .Contractor
under the control of any operating software other than,
or in addition to, the current version of
Contractor - supplied operating software; or
iii) The modification by the State of the equipment
furnished hereunder or of the software; or
iv) The combination or utilization of software furnished
hereunder with non- Contractor supplied software.
I) Contractor certifies that it has appropriate systems and
controls in place to ensure that state funds will not be used
in the performance of this Contract for the acquisition,
operation or maintenance of computer software in violation
of copyright taws.
g) The foregoing states the entire liability of the Contractor to
the State with respect to infringement of patents, copyrights
or trade secrets.
37. EXAMINATION AND AUDIT: Contractor agrees that the State,.
or its designated representative shall have the right to review and
copy any records and supporting .documentation pertaining to
performance of this Contract. Contractor agrees to maintain such
records for possible audit for a.. minimum of three (3) years after
final payment, unless a longer period of records retention is
stipulated. Contractor agrees to allow the auditors) access to
such records during normal business hours and to allow
interviews of any employees or others who might reasonably
have information related to such records.. Further, Contractor
agrees to include a''similar right of the State to audit records and
interview staff in any subContract related to performance of this
Contract.
38. DISPUTES:
a) The parties shall deal in good faith and attempt to resolve
potential disputes :informally. If the dispute persists,
Contractor shall submit to the Department Director or
designee a written demand fora final decision regarding the
disposition of any dispute between the.,parties arising under,
related to or involving this .Contract, unless the State, on its
own initiative, has already rendered' such a final decision.
Contractor's written demand' shall be fully supported by
factual information, and if such demand involves a cost
adjustment to the Contract, Contractor shalt include with the
demand awritten statement signed by an authorized person
indicating that the demand is made in good faith, that the
supporting data are accurate and complete and that the
amount requested :accurately reflects. the Contract
adjustment for which Contractor believes the State is liable.
If the Contractor is not satisfied with the decision of the
Department Director or-designee, the Contractor may appeal
the decision to the Department of General Services, Deputy
Director, Procurement Division. In the event that this
Contract is for information technology Goods and /or
services, the decision may be appealed to an Executive
Committee of State and Contractor personnel.
b) Pending the final resolution of any dispute arising under,
related to or involving this Contract; Contractor agrees to
.diligently .proceed. with the performance of this Contract,,
including the delivery of Goods or providing of services in
accordance with the State's instructions. Contractor's. failure
Page 5 of 10
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GSPD401 Non -IT Commodities -CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON -IT COMMODITIES
to diligently proceed in accordance with the State's
consideration in filling vacancies in positions funded by the
instructions shall be considered a material breach of this
Contract to qualified recipients of aid under Welfare and
Contract.
Institutions. Code Section 11200 in accordance with PCC Section
c) Any final decision of the State shall be expressly identified
10353.
as such, shall be in writing, and shall be signed by the
Department Director or designee or Deputy Director,
41. COVENANT AGAINST GRATUITIES:. The Contractor warrants
Procurement Division if an appeal was made. If the State
that no gratuities (in the form of entertainment, gifts, or otherwise)
fails to render a final decision within 90 days after receipt of
were .offered or .given by the Contractor, or any agent or
Contractor's demand, it shall be deemed a final .decision
representative of the Contractor, to any officer or employee of the
adverse to Contractor's contentions, The State's final
State with a view toward securing the Contract or securing
decision shall be conclusive and binding regarding . the
favorable treatment with respect to any determinations
dispute unless Contractor commences an action in a court
concerning the performance of the Contract. For breach or
of competent jurisdiction to contest such decision within 90
violation of this warranty, the Slate shall have the right to
days following the date of the final decision or one (1) year
terminate the Contract, either in whole or in part, and any loss or
following the accrual of the cause of action, whichever is
damage sustained by the Stale in procuring on the open market
later.
any items which Contractor agreed to supply shall be borne and
paid for by the Contractor. The rights and remedies of the State
39. STOP WORK:
provided in this clause .shall not be exclusive and are in addition
a) The State may, at any time, by written Stop Work Order to "
to any other rights and remedies provided by law or in equity.
the Contractor, require the Contractor to stop all, or any part,
of the work called for by this Contract for a period up to 90
42. NONDISCRIMINATION CLAUSE:.
days after the Stop Work Order is delivered to the
a) During the performance of this Contract, Contractor and its
Contractor, and for any further period to which the parties
subContractors shall not unlawfully discriminate, harass or
may agree. The Stop Work Order shall be specifically
:allow harassment, against any employee or applicant for
Identified as such and shall indicate it is issued under this
employment. because of sex, sexual orientation, race; color,
clause. Upon receipt of the Slop Work Order; the
ancestry, religious creed, national origin, disability (including
Contractor shall immediately comply with its terms and take
HIV and AIDS), medical condition (cancer), age, marital
all reasonable steps to minimize the incurrence of costs
status, and denial of family care. leave. Contractor and
allocable to the work covered by the Stop Work Order during
subContractors shall insure that the evaluation and
the period of work stoppage. Within a period of 90 days
treatment of their employees and applicants for employment
after a Slop Work Order is delivered to the Contractor, or
are free from such discrimination and harassment.
within any extension of that period to which the parties shall
Contractor and subContractors shall comply with the
have agreed, the State shall either:
provisions of the Fair Employment and Housing Act
i) Cancel the Stop Work Order; or
(Government Code, Section 12990 et seq.) and the
ii) Terminate the work covered by the Stop Work Order as
applicable regulations promulgated thereunder (California
provided for in the termination for default or the
Code of Regulations, Title 2, Section 7285.0 et seq.). The
termination for convenience clause of this Contract.
applicable regulations of the Fair Employment and Housing
b) If a Stop Work Order issued under this clause is canceled or
Commission implementing Government Code Section
the period of the Stop Work Order or any extension thereof
12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of
expires, the Contractor shall resume work. The State shall
the California Code of Regulations are incorporated into this
make an equitable adjustment in the delivery schedule, the
Contract by reference and made a part hereof as if set forth
• Contract price, or both, and the Contract shall be modified,
in full. Contractor and its subContractors shall give written
in writing, accordingly, if:
- notice of their obligations under this clause to labor
i) The Stop Work Order results in an increase in the time
organizations with which they have a collective bargaining or
required for, or in the Contractor's cost properly
other agreement.
allocable to the performance of any part of this
b) The Contractor shall include the nondiscrimination and
Contract; and
compliance provisions of this clause in all subContracts to
it) The Contractor asserts its right to an equitable
perform work under the Contract..
adjustment.. within 30 days after the end of the period of
work stoppage; provided, if the State decides the
43. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
facts justify the action, the State may receive and act
Contractor swears under penalty of perjury that no more than one
upon a proposal submitted at any time before final
final, unappealable finding of contempt of court by a federal court
payment under this Contract.
has been issued against the Contractor within the immediately
c) If a Stop Work Order is not canceled and the work covered
preceding two -year period because of the Contractor's failure to
by the Stop Work Order is terminated in accordance with the
comply with an order of the National Labor Relations Board. This
provision entitled Termination for the Convenience of the
provision is required by, and shall be construed in accordance
State, the Stale shall allow reasonable costs resulting from
with, PCC Section 10296.
the Stop Work Order in arriving at the termination
settlement. -
44. ASSIGNMENT OF ANTITRUST ACTIONS. Pursuant to
d) The State shall not be liable to the Contractor for loss of
Government Code Sections 4552, 4553, and 4554, the following
profits because of a Stop Work Order issued under this
provisions are incorporated herein:
clause.
a) In submitting, an offer to the State, the supplier offers and
agrees that if the offer is accepted, it will assign to the State
40. PRIORITY HIRING CONSIDERATIONS: If this Contract includes
all rights, title„ and interest in and to all causes of action it
services in excess of $200.000, the Contractor shall give priority
may have under Section 4 of the Clayton Act (15 U.S.C. 15)
August 2010
Page 6 of 10
17 -25
GSPD -401 Non -IT Commodities -CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON -1T COMMODITIES
or under the Cartwright Act (Chapter 2, commencing with
Section 16700, of Part 2 of Division 7 of the Business and
47..
SWEATFREE CODE OF CONDUCT:
Professions Code), arising from purchases of Goods,
a) Contractor declares under penalty of perjury that no apparel;
material, or services by the supplier for sale to the State
garments or corresponding accessories, equipment;
pursuant to the solicitation. Such assignment shall be made
materials, or supplies furnished to the State pursuant to the
and become effective at the time the State tenders. ;final
Contract have been produced in whole or in part by
payment to the supplier,
sweatshop labor, forced labor, convict labor, indentured
b) If the State receives, either through judgment or settlement,
labor under penal sanction, abusive forms of child labor or
a monetary recovery for -a cause of action assigned under
exploitation of children in sweatshop labor, or with the
this chapter, the assignor shall be entitled to receive
benefit of sweatshop labor, forced labor, convict labor,
reimbursement for actual legal costs incurred and may,
indentured labor under penal sanction, abusive forms of
upon demand, recover from the State any portion of the
child labor or exploitation of children in sweatshop labor.
recovery, including treble damages, attributable to
Contractor further declares under penalty of perjury that they
overcharges that were paid by the assignor but were not
adhere to the Sweatfree Code of Conduct as set forth on'the
paid by the State as part of the offer price, . less the
California Department of Industrial Relations website located
expenses incurred in obtaining that portion of the recovery.
at www.dicca.aov, and Public Contract Code Section 6108.
c) .Upon demand in writing by the assignor, the assignee shall,
b) Contractor agrees to cooperate fully in providing reasonable
within one year from such demand, reassign the cause of
access to its records, documents, agents or employees, or
action assigned under this part if the assignor has been or
premises if reasonably required by authorized officials of the
may have been injured by the violation of law for which. the
State, the Department of Industrial Relations, or the
.cause of action arose and
Department of Justice to determine Contractor's compliance
i) the assignee has not been injured'thereby, or
with the requirements under paragraph (a).
ii) the assignee .declines to file a court action for the
cause of action..
48.
RECYCLING: The Contractor shall certify in writing under
penalty of perjury, the minimum, if not exact, percentage of post.
45. DRUG -FREE WORKPLACE CERTIFICATION: The Contractor
consumer material as defined in the Public Contract Code
certifies under penalty of perjury under the laws of the State of
Section 12200, in products, materials,. Goods, or supplies. offered
California that the Contractor Will comply with the requirements of
or sold to the State regardless of whether the product meets the
the Drug -Free Workplace Act of 1990 (Government. Code Section
requirements of Section 12209. With respect to printer or
8350 at seq.) and will provide a drug -free workplace by taking the
duplication cartridges that comply with the requirements of
following actions:
'Section 12156(et. the certification required by this subdivision
a) Publish a statement notifying employees that unlawful
shall specify that the cartridges so comply (PCC 12205).
manufacture, distribution, dispensation, possession, or use
of a controlled substance is prohibited and specifying
49.
CHILD SUPPORT COMPLIANCE ACT: For any Contract in
actions to be taken against employees for violations; as
excess of $100,000, the Contractor acknowledges in accordance
required by Code. Section 8355(x).
with PCC Section 7110, that:.
b) Establish a Drug -Free Awareness Program as required by
a) The Contractor recognizes the importance of child and.
Government Code. Section 8355(b) to inform employees
family support obligations and shall fully comply with all
about all of the following:
applicable state and federal laws relating to child and family
i) the dangers of drug abuse in the workplace;
support enforcement, including, but not limited to, disclosure
ii) the personls or organization's policy of maintaining a
of information and compliance with .earnings- assignment
drug -free workplace;
orders, as provided in Chapter 8 (commencing with Section
iii) any available counseling, rehabilitation and employee
.5200) of Part 5 of Division 9 of the Family Code;, and
assistance programs; and,
b) The Contractor, to the best of its knowledge is fully
iv) penalties that may be imposed upon employees for
complying with the earnings assignment orders of all
drug abuse violations.
employees and is providing the names of all new employees
c) Provide, as required by Government Code Section 6355(c),
to the New Hire Registry maintained by the California
that every employee who works on the proposed or resulting
Employment Development Department.
Contract:
-
i) will receive a copy of the company's drug -free policy
50.
AMERICANS WITH DISABILITIES ACT: Contractor assures the
statement; and,
State. that Contractor complies with the Americans with
ii) will agree to .abide . by the terms of the company's
Disabilities Act of 1990 (42 U.S.C. 12101 at sec).
statement as a condition of employment on the
Contract
51,
ELECTRONIC WASTE RECYCLING ACT OF 2003: The
Contractor certifies that it complies with the requirements of the
46. FOUR -DIGIT DATE. COMPLIANCE: Contractor warrants that it
Electronic Waste- Recycling Act of 2003, Chapter 8.5, Part 3 of
will provide only Four -Digit Date Compliant (as defined below)
Division 30, commencing with Section 42460 of the Public
Deliverables and /or services to the State. 'Four Digit. Date
Resources Code, relating to hazardous and solid. waste -.
Compliant" Deliverables and services can accurately process;
Contractor shall maintain documentation and provide reasonable
.calculate, compare, and sequence date data, including without
access to its records and documents that evidence compliance,
limitation date data arising out of or relating to leap years and
changes in centuries. This warranty and representation is subject
52.
USE TAX COLLECTION: In accordance with PCC Section
to the warranty terms and conditions of this Contract and does
10295.1, Contractor certifies that it complies with the,
not limit -the generality of warranty obligations set forth elsewhere
requirements of Section 7101 of the Revenue and Taxation Code.
herein.
Contractor further certifies that. it will immediatelyadvise -State of
August 2010.
Page 7 of 10
17 -26
GSPD -401 Non -IT Commodities -CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON -1T COMMODITIES
any change in its retailer's seller's permit or certification of
registration or applicable affiliate's seller's permit or certificate of
registration as described in subdivision (a) of PCC Section
10295.1.
53. EXPATRIATE CORPORATIONS: Contractor hereby declares
that it is not an expatriate corporation or subsidiary of an
expatriate corporation within the meaning of PCC Section 10286
and 10286.1, and is eligible to Contract with the State.
54. DOMESTIC PARTNERS: For Contracts over $100,000 executed
or amended after January 1, 2007, the Contractor certifies that
the Contractor is in compliance with Public Contract Code section
10295.3.
55. SMALL. BUSINESS PARTICIPATION AND DVBE
PARTICIPATION REPORTING REQUIREMENTS:
a) If for this Contract Contractor made a commitment to
achieve small business participation, then Contractor must
within 60 days of receiving final payment under this Contract
(or within such other time period as may be specified
elsewhere in this Contract) report to the awarding
department the actual percentage of small business
participation that was achieved. (Govt. Code § 14841.)
b) If for this Contract Contractor made a commitment to
achieve disabled veteran business enterprise (DVBE)
participation, then Contractor must within. 60 days of
receiving final payment under this Contract (or within such
other time period as may be specified elsewhere in this
Contract) certify in a report to the .awarding department: (1)
the total amount the prime Contractor received under the
Contract;
(2) the name and address of the DVBE(s) that participated
in the performance of the Contract; (3) the amount each
DVBE received from the prime Contractor; (4) that all
payments under the Contract have been made to the DVBE;
and
(5) the actual percentage of DVBE participation that was
achieved. A person or entity that knowingly provides false
information shall be subject to a civil penalty for each
violation. (Mil. & Vets. Code § 999.5(d); Govt. Code
§ 14841:)
56. LOSS LEADER: It is unlawful for any person engaged in
business within this state to sell or use any article or product as a
"loss leader" as defined in Section 17030 of the Business and
Professions Code. (PCC 10302(6).).
ADDITIONAL CMAS TERMS AND CONDITIONS
57. CMAS =- CONTRACTOR'S LICENSE REQUIREMENTS:
Contracts that include installation or the wording "Furnish and
Install" require at the time of Contract award that Contractors
possess a valid California State Contractor's License. If sub -
Contractors are used,'they must also possess a valid California
State Contractor's License. All businesses which construct or
alter any building, highway, road, packing facility; railroad,
excavation, or other structure in California must be licensed by
the California State License Board (CSLB) if the total cost (labor
and materials) of the project is $500.00 or more. Failure to be
licensed or to keep the license current and in good standing . shall .
be grounds for Contract revocation.
August 2010
58. CMAS - PUBLIC WORKS REQUIREMENTS
(LABORII N STAL LATI ON );
a) Prior to the commencement of performance, the Contractor
must obtain and provide to the State, -a payment bond, on
Standard Form .807, when The Contract involves a public
works expenditure (laborlinstallation costs) in excess of
$5,000. Such bond shall be in a sum not less than one
hundred percent (100 %) of the Contract price. Forms shall
be provided to the Contractor.
b) In accordance with the provisions of Section 1773 of the
California Labor Code, the Contractor shall, conform and
stipulates to the general prevailing rate of wages, including
employer benefits as defined in Section 1773.1 of the
California Labor Code, applicable to the classes of labor to
be used for public works such as at the delivery site for the
assembly and installation of the equipment or materials
under the purchase order. Pursuant. to Section 1770 of the
California Labor Code, the Department of Industrial
Relations has ascertained the general prevailing . rate of
wages in the county in which the work is to be done; to be
as listed in the Department of Transportation booklet entitled
General 'Prevailing Wage Rates. The booklet is compiled
monthly and copies of the same are available from the
Department of Industrial Relations, Prevailing Wage Unit at
www;dicca.eov (select :Statistics & Research) or (415) 703-
4774. The booklet is required to be posted at the !job site.
c) The Contractor hereby certifies by signing this Contractthat:.
1) Contractor has met or will comply with the standards of
affirmative compliance with the Non - Discrimination
Clause Requirements included herein.
ii) Contractor is aware of the provisions of Section 3700 of
the tabor Code that require every employer to be
insured against liability for workmen's compensation or
to undertake self- insurance in accordance with the
provisions of that Code, and Contractor will comply with
such provisions before commencing the .performance
of the work of the purchase order.
d) Laws to be Observed
i) Labor
Pursuant to Section 1775 of the California Labor Code
the Contractor shall, as a penalty to the State or Political
subdivision on whose behalf the purchase order is made
or awarded, . forfeit not more than fifty ($50.00) for each
calendar day, or portions thereof, for each worker paid
by him or subContractor under him, less than the
prevailing wage so stipulated; and in addition, the
Contractor further agrees to pay to each workman the
difference between the actual amount paid for each
calendar .day, or portions thereof, and the stipulated
prevailing wage rate for the same. This provision :shall
not apply to properly indentured apprentices.
Pursuant to Sections '1810 -1815 of the California Labor
Code, inclusive, it is further agreed that the maximum
hours a worker is to be employed is limited to eight
hours a day and forty hours a week and the Contractor
shall forfeit, as a penalty to the State, twenty -five ($25)
for each worker employed in the execution of the
purchase order for each calendar day during which a
workman is required or permitted to labor more than
eight hours in any calendar day or more than forty hours
in any calendar week, in violation of California Labor
Code Sections 1810 - 1815, inclusive.
Worker's Compensation Insurance
Page 8 of 10
17 -27
GSPD -401 Non -IT Commodities -CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON -IT COMMODITIES
The Contractor will be required to secure the payment of
individual orders), except for State construction projects, which
compensation to its employees in accordance with the
are funded- in whole or in part by the federal government may be
provisions of Labor Code Section.3700.
canceled with 30 days notice, and are subject to the following:
iii) Travel and Subsistence Payments
a) It is mutually understood between the parties that this
Travel and subsistence payments shall be paid to each
Contract (order) may have been written before ascertaining
worker needed to execute the work, as such travel and
the availability of congressional appropriation of funds, for
subsistence payments are defined in the applicable
the mutual benefit of bath parties, in order to avoid program
collective bargaining agreements filed in accordance
and fiscal delays which would occur if the Contract (order)
with Labor Code Section 1773,8.
were executed after that determination was made.
iv) Apprentices
b) This Contract (order) is valid and enforceable only if
- Special attention is directed to Sections 1777.5, 1777.6.,
sufficient funds are made available to the State by the
and 1777.7 of the California Labor Code and Title 8,
United States Government for the fiscal year during which
California Administrative Code Section 200 at seq. Each
the order was generated for the purposes of this program.
Contractor and /or subContractor must, prior to
In addition, this Contract (order) is subject to any additional
commencement of the public works Contract/purchase:
restrictions, limitations, or conditions enacted by the
order, contact the Division of Apprenticeship Standards,
Congress or any statute enacted by the Congress that may
525 Golden Gate Avenue, San Francisco, CA, or one of
affect the provisions, terms or funding of this Contract .
its branch offices to insure compliance and complete
(order) in any manner,
understanding of the law regarding apprentices and
c) It is mutually .agreed that if the Congress does not
specifically the required ratio thereunder. Responsibility
appropriate sufficient funds for the ,program, this Contract
for compliance with this section .lies with the prime
(order) shall be amended to reflect any reduction in funds.
Contractor.
The •department has the option to void the Contract (order)
v) Payroll
under the 30 -day cancellation clause or to amend the
The Contractor shall keep an accurate payroll record
Contract to reflect any reduction of funds.
.(showing the name, social security account, and work
classification specific and straight time and overtime
63. CMAS -- CONFLICT OF INTEREST:
hours worked by each employee. A certified copy of the
a) Current State Employees (Public Contract Code Section
employee's payroll record .shall be available for
10410):
inspection as specified in .section 1776 of the California
i) No officer or employee shall engage in any
Labor Code.
employment; activity or enterprise from which the
officer or employee . receives compensation or has a
59. CMAS —TERMINATION OF CMAS CONTRACT:
financial interest . and which is sponsored or funded by
a) The State may terminate this CMAS Contract at any time
any State agency, unless the employment, activity or
upon 30 days prior written notice.
enterprise is required as a condition of regular State
b) If the Contractor's GSA Multiple Award Schedule is
employment.
terminated within the term of the California Multiple .Award
ii) No officer or employee shall Contract on his or her own
Schedule, the California schedule shall also be considered
behalf as an independent Contractor with any State
terminated on the same date.
agency to provide Goods or services.
c) Upon termination or other expiration of this Contract, each
b) Former State Employees (Public Contract Code Section
party will assist the other party in orderly termination of the
10411):
Contract and the transfer of all assets, tangible and
i) For the two -year period from the date he or she left
intangible, as may facilitate the orderly; nondisrupted
State employment, no former State officer or employees
business continuation of each party,
may enter into a: in which he or she engaged
d) Prior to the expiration of this Contract, this Contract may be
in any of the negotiations, transactions, planning,
terminated for the convenience of both parties by mutual
arrangements or any part of the decision, - making
consent.
process relevant to the Contract while employed in any
e) This provision shall not relieve the Contractor of the
capacity by any State agency.
obligation to perform under any purchase order or other
ii) For the twelve -month period from the date: he or she
similar ordering document executed prior to the termination
left State employment, no former State officer or
becoming effective.
employee may enter into a Contract with any State
agency if he or she was employed by that State agency
60. CMAS -- CONTRACT AMOUNT: There is no guarantee of
in a •policy- making position in the same general subject
minimum . purchase of Contractor's products or services by the
area as the proposed, Contract within the twelve -month
State.
period prior to his ocher leaving State service.
61.. CMAS — DEBARMENT CERTIFICATION (FEDERALLY
64. CMAS -- SUBCONTRACTING REQUIREMENTS!
FUNDED CONTRACTS): When Federal funds are being
Any sulaContractor that the CMAS supplier chooses to use in
expended; the prospective recipient of Federal .assistance funds
fulfilling the requirements of this Contract /purchase order, and
is required to certify to the Buyer, that neither it nor its principals
which is expected,to receive more than ten (10) percent of value
are presently debarred', suspended, .proposed for debarment,
of the Contract /purchase order, must also meet all Contractual,
declared ineligible; or voluntarily excluded from participation in
administrative, and technical requirements of the
this transaction by any Federal department or agency.
Contract /purchase order, as applicable.
62. CMAS — PURCHASE. ORDERS FUNDED IN WHOLE OR PART 65. CMAS - -: RENTAL AGREEMENTS!
BY THE FEDERAL GOVERNMENT: All Contracts (including
August 2010
Page 9 of 10
17 -28
GSPD -401 Non -IT Commodities -CMAS
CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS)
GENERAL PROVISIONS - NON -IT COMMODITIES
The State; does not agree to:
• Indemnify Contractor;
Assume responsibility for matters beyond its control;
• Agree to make payments in advance;
• Accept any other provision creating a contingent liability
against the State; or
Agree to obtain insurance to protect the Contractor.
The State's responsibility for repairs and liability for damage or
loss is restricted to that made necessary by or resulting from the
negligent act or omission of the State or its officers, employees,
or agents.
If the Contractor maintains the equipment, the Contractor must
keep the equipment in good working order and make- all
necessary repairs and adjustments without qualification. The
State may terminate for default or cease paying rent should. the
Contractor fail to maintain the equipment properly.
Personal property taxes are not generally reimbursed when
leasing equipment (SAM 8736).
66. CMAS - -- LEASE (Lease $Mart T): If an agency desires to lease
through Lease $Mart TM, the Contractor agrees to sell to lessor
the assets at the same price as they agree to sell to the State.
67. CMAS -- QUARTERLY REPORTS: Contractors are required to
submit quarterly business activity reports, as specified in this
Contract, even when there is no activity. A separate report is
required for each Contract, as differentiated by alpha suffix.
66. CMAS -- LIQUIDATED DAMAGES:
In the event that the Contractor fails to deliver in accordance with
the Contract requirements, the parties agree that the delay will
interfere with the proper implementation of the State's programs,
to the loss and damage of'the State. From the nature of the
case, it would be impracticable and extremely difficult to fix the
actual damages sustained in the event of any such delay. The
State and Contractor, therefore, presume that in.. the event of any
such delay the amount of damage which will be sustained from a
delay will be the amounts set forth in the Statement of Work, and
the State and the Contractor agree that in the event of any such
delay, the Contractor shall .pay such amounts as liquidated
damages and not as a penalty.. Amounts due the State as
liquidated damages may be deducted by the State from :any
money payable to the Contractor. The State shall notify the
Contractor in writing of any claim for liquidated damages pursuant
to this .paragraph on or before the date State deducts such sums
from money payable to the Contractor.
69. CMAS -- PROGRESS PAYMENTS /PERFORMANCE BONDS:
In accordance with PCC 10314: Any Contract for Goods to be
manufactured by the Contractor specially for the State and not
suitable for sale to others in the ordinary course of the
Contractor's business may provide, on such terms and conditions
as the department deems necessary to protect the State's
interests, for progress payments for work performed and costs
incurred at the Contractor's shop or plant, provided that not less
than 10 percent of the Contract price is required to be withheld
until final delivery and acceptance of the Goods, and provided
further, that the Contractor is required to submit faithful
performance bond, acceptable to the department, in a sum not
less than one -half of the total amount' payable under the Contract
August 2010
securing . the faithful performance of the Contract by the
Contractor.
Page. 10 of 10
17 -29
ATTACHMENT C
CONTRACT WITH FIELDTURF USA, INC.
FOR PURCHASE AND INSTALLATION OF SYNTHETIC TURF, SURFACE, AND
FLOORING
FOR THE BONITA CREEK PARK SYNTHETIC TURF REPLACEMENT PROJECT
THIS PURCHASE AND INSTALLATION CONTRACT ( "Contract') is made and
entered into as of this 10th day of March, 2015 by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ( "City "), and FIELDTURF USA,
INC., a Florida corporation ( "Contractor"), whose principal place of business is 175 N.
Industrial Boulevard, Calhoun, Georgia 30701, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of Califomia with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. As part of the Bonita Creek Park Synthetic Turf Replacement project ( "Project'),
City desires to purchase FieldTurf synthetic monofilament turf (product codes
FTRV -1 F and FTRV -57S) from Contractor and to engage Contractor for installation
of said products as detailed in the Scope of Work attached hereto as Exhibit A.
C. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the City for the Project, is familiar with all
conditions relevant to the performance of services and has committed to perform all
work required for the price specified in this Contract.
D. Contractor is a manufacturer and supplier of synthetic turf, surface, and flooring and
is awarded this Agreement via the State of California Multiple Awards Schedule
(" CMAS) Agreement 4 -06 -78 -0031 A.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SCOPE OF WORK
1.1 Contractor shall provide all tangible items and perform all the services
described in the Scope of Work attached hereto as Exhibit A and incorporated herein by
reference. As a material inducement to the City entering into this Contract, Contractor
represents and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein and, in
light of such status and experience, Contractor covenants that is shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be of good quality. For purposes of this Contract, the phrase "highest
professional standards" shall mean those standards of practice recognized by one or more
first -class firms performing similar work under similar circumstances.
FieldTurf USA, Inc. Page 1
17 -30
1.2 Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and all
utility and transportation services necessary for the Project.
1.3 In consideration of the payment of the Purchase Price and subject to all the
terms and conditions hereof, Contractor shall: sell to City and install FieldTurf synthetic
monofilament turf (product codes FTRV -1F and FTRV -57S) (hereinafter referred to as
'Products "), as listed and set forth in the Scope of Work attached hereto as Exhibit A and
incorporated in full by this reference.
2. TIME OF PERFORMANCE
2.1 Time is of the essence in the performance of services under this Contract
and Contractor shall complete the Project installation, implementation and acceptance
testing within the time set forth in Exhibit A. The failure by Contractor to meet this
schedule may result in termination of this Contract by City as outlined in Section 17 below.
2.2 Force Maieure. The time period(s) specified in Exhibit A for performance of
services rendered pursuant to this Contract shall be extended because of any delays due
to unforeseeable causes beyond the control and without the fault or negligence of
Contractor, including but not restricted to acts of God or of the public enemy, unusually
severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, and /or acts of any governmental agency, including the City, if
Contractor shall within ten (10) days of the commencement of such delay notify City in
writing of the cause of the delay. City shall ascertain the facts and extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if
in the judgment of the City such delay is justified. City's determination shall be final and
conclusive upon the parties to this Contract. In no event shall Contractor be entitled to
recover damages against City for any delay in performance of this Contract, however
caused, Contractors sole remedy being extension of the Contract pursuant to this Section.
3. TERM
Unless earlier terminated in accordance with Section 18 of this Contract, this
Contract shall continue in full force and effect until completion of the services agreed to
herein or until November 30, 2016, whichever occurs first.
4. COMPENSATION
4.1 As full compensation for the performance and completion of the Project as
required by the Scope of Work, City shall pay to Contractor and Contractor accepts as the
full Purchase Price the sum of Seven Hundred Sixty Four Thousand Four Hundred
Thirty Six Dollars and OO/100 ($764,436.00) ('Purchase Price "). Contractor shall not
receive any additional compensation unless approved in advance by the City in writing.
The City shall make monthly progress payments for labor as the Project work proceeds
based on the fee schedule set forth in Exhibit A.
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4.2 Payment for Labor. Subject to the terms of Section 3 of this Contract, City
shall make monthly progress payments for labor as the Project work proceeds. Contractor
shall prepare monthly invoices reflecting labor done during the previous one -month period.
Payments for labor shall be based on the hourly rates and other fees set forth in Exhibit A.
4.3 Payment for Products Installed. Ninety percent (90 %) payment for Products,
including any supporting materials installed on such Products, shall be payable upon
delivery to the City. Final ten percent (10 %) payment for the Products shall be payable
upon installation of such Products at the City after such Products successfully pass
installation testing. Installation testing shall include third party geotechnical testing and
engineer inspection. Contractor shall prepare monthly invoices reflecting Products
delivered and /or installed during the previous one -month period.
4.4 All shipping and insurance costs to and from the installation sites are
included in the purchase price of the Project, as listed in Exhibit A. All payments to
shipping agents and for insurance fees shall be made directly by Contractor and the City
shall make no payments to any firm concerning the shipment, installation, and delivery of
hardware which is not a part of this Contract and for which exact payments are not
described. Contractor shall be responsible for all arrangements for the shipment of the
Products to the City, and /or movement of the Products and any tools and equipment
necessary to complete installation to the prepared site within the City. Contractor shall
also be responsible for removal of all debris and packing materials from the City site
resulting from the installation of the Products.
4.5 Contractor shall provide City with a minimum fourteen (14) days' notice of its
dates of installation to enable the City to prepare the installation sites for the Products in
accordance with the instructions of Contractor. The City shall complete site preparation
prior to the date of installation of the Products, and the site shall thereafter be available for
inspection and approval. All costs and expenses related to the site preparation shall be at
the sole expense of City.
4.6 Extra Work. Contractor shall not receive any compensation for Extra Work
without the prior written authorization of the City. As used herein, "Extra Work" means any
work that is determined by the City to be necessary for the proper completion of the
Project, but which is not included in the Purchase Price as specified in Exhibit A, and
which parties did not reasonably anticipate would be necessary. Compensation for any
authorized Extra Work shall be paid in accordance with the hourly rates set forth in Exhibit
A.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Tim Coury to be its Project Manager.
Contractor shall not remove or reassign the Project Manager without the prior written
consent of City. City's approval shall not be unreasonably withheld.
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6. ADMINISTRATION
This Contract will be administered by the Public Works Department. The Public
Works Director or designee shall be the Project Administrator and shall have the authority
to act for City under this Contract.
7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
7.1 Contractor shall use only the standard materials described in Exhibit A in
performing services under this Contract. Any deviation from the materials described in
Exhibit A shall not be installed unless approved in advance by the City Project
Administrator.
7.2 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform the
services required by this Contract, and that it will perform all services in a manner
commensurate with community professional standards. All services shall be performed by
qualified and experienced personnel who are not employed by City, nor have any
contractual relationship with City.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them, unless caused by
the City's negligent acts, omissions, or willful misconduct.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause to the extent arising from the negligent acts, omissions, or
willful misconduct of the Contractor' or any subcontractor or supplier selected by the
Contractor.
8.3 Contractor shall indemnify, hold harmless, and defend City, its officers,
employees, agents, officers, representatives, employees and City Council, boards and
commissions, from and against: (1) any and all loss, damages, liability, claims, allegations
of liability, suits, costs and expenses for damages of any nature whatsoever, including, but
not limited to, bodily injury, death, personal injury, property damage, or any other claims to
the extent arising from any and all negligent acts or omissions or willful misconduct of
Contractor, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Contract; (2) use of improper materials in
performing this Project including, without limitation, defects in workmanship or materials
and /or design defects; and /or (3) any and all claims asserted by Contractor's
subcontractors or suppliers on the Project, and shall include reasonable attorneys' fees
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and all other costs incurred in defending any such claim. Contractor's liability in this
Subsection shall be limited to the maximum amount of its insurance coverage for claims
arising out non - negligent and non - intentional acts performed under this Contract.
Contractor shall not be held responsible for consequential or special damages, or claims
made to City for such consequential or special damages. Nothing herein shall require
Contractor to indemnify City from the negligence or willful misconduct of City, its officers or
employees.
8.4 Intellectual Property Indemnity - Contractor shall defend, indemnify and hold
City, its agents, officers, representatives, employees and City Council, boards and
commissions harmless from any proceeding brought against City for any intentional or
unintentional violation of the intellectual property rights of any third party with respect to
Products deliverables purchased in this Contract This indemnification shall include, but is
not limited to, infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Contractor's deliverables provided under this
Contract.
8.5 Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the
system installation period. Contractor shall be liable for any private or public property
damaged during the performance of the Project work.
8.6 Contractor shall provide traffic control and access in accordance with
Section 7 -10 of the State Standard Specifications and the latest edition of the Work Area
Traffic Control Handbook (WATCH), as published by Building News, Inc.
8.7 Traffic control and detours shall at a minimum meet the following
requirements:
8.7.1 Emergency vehicle access shall be maintained at all times.
8.7.2 The locations and wordings of all barricades, signs, delineators,
lights, warning devices, parking restrictions, and any other required details shall ensure
that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of
inconvenience to the public.
8.7.3 All advanced warning sign installations shall be reflectorized and /or
lighted.
8.7.4 Traffic signal system shutdown or planned "red flash" shall be limited
to 4 -hour periods between the hours of 9:00 a.m. and 3:00 p.m. on weekdays (Monday
through Thursday), except as authorized by the Project Administrator.
8.7.5 "STOP AHEAD" and "STOP" signs shall be furnished by the
Contractor and shall conform to the provisions in Section 12 -3.06, "Construction Area
Signs," of the State Standard Specifications except that the base material for the signs
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shall not be plywood. Two "STOP AHEAD" signs and two "STOP" signs shall be placed
for each direction of traffic. Locations of the signs shall be per the WATCH manual.
8.8 Nothing in this Section shall be construed as authorizing any award of
attorney's fees in any action to enforce the terms of this Contract, except to the extent
provided in Section 7.3 above.
8.9 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
9. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees, nor any of its subcontractors, are to be considered employees of the
City. The manner and means of conducting the work are under the control of Contractor,
except to the extent they are limited by statute, rule or regulation and the express terms of
this Contract. No civil service status or other right of employment shall accrue to
Contractor or its employees.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with the Contractor on the Project.
11. INSURANCE
Without limiting Contractors indemnification of City, and prior to commencement of
work, Contractor shall obtain, provide and maintain at its own expense during the term of
this Contract or for other periods as specified in this Contract, policies of insurance of the
type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit B, and incorporated herein by reference.
12. BONDING
12.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract: a Labor and Materials Payment Bond in the amount of one hundred
percent (100 %) of the total amount to be paid Contractor as set forth in this Contract and
in the form attached hereto as Exhibit C which is incorporated herein by this reference;
and a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total
amount to be paid Contractor as set forth in this Contract in the form attached hereto as
Exhibit D which is incorporated herein by this reference.
12.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
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VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Prope
Casualty.
12.3 The Contractor shall deliver, concurrently with execution of this Contract, the
Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
13. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime work for each craft or type of workman needed to execute the work contemplated
under the Contract shall be paid to all workmen employed on the work to be done
according to the Contract by the Contractor and any subcontractor. In accordance with
the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the work
is to be performed for each craft, classification, or type of workman or mechanic needed to
execute the Contract. A copy of said determination is available by calling the prevailing
wage hotline number (415) 703 -4774, and requesting one from the Department of
Industrial Relations. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under
him /her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
14. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Contract shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the services to be
provided under this Contract shall not be otherwise assigned, transferred, contracted or
subcontracted out without the prior written approval of City.
15. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an immediate right
to appeal to the City Manager or his /her designee with respect to such disputed sums.
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Contractor shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
16. CONFLICTS OF INTEREST
16.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
16.2 If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination of
this Contract by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
17. NOTICES
17.1 All notices, demands, requests or approvals to be given under the terms of
this Contract shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the deposit
thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to City
shall be addressed to City at:
Attention: David Webb
Public Works Department
City of Newport Beach
100 Civic Center Dr.
P.O. Box 1768
Newport Beach, CA 92658
17.2 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Tim Coury
FieldTurf USA, Inc.
825 Dewitt Avenue
Encinitas, CA 92024
18. TERMINATION
18.1 Termination With Cause - In the event that either party fails or refuses to
perform any of the provisions of this Contract at the time and in the manner required, that
party shall be deemed in default in the performance of this Contract. If such default is not
cured within a period of five (5) calendar days, or if more than five (5) calendar days are
FieldTurf USA, Inc. Page 8
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reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within five (5) calendar days after receipt of written notice
of default, specifying the nature of such default and the steps necessary to cure such
default, the non - defaulting party may terminate the Contract forthwith by giving to the
defaulting party written notice thereof.
18.2 Termination Without Cause. Notwithstanding the above provisions, City
shall have the right, at its sole discretion and without cause, of terminating this Contract at
any time by giving seven (7) calendar days prior written notice to Contractor. In the event
of termination under this Section, City shall pay Contractor for services satisfactorily
performed and costs incurred in the performance of such services up to the effective date
of termination for which Contractor has not previously been paid. In the event of
termination under this Section, City shall also pay Contractor for all Products, associated
materials, and hardware delivered to City site under this Contract that City deems usable.
19. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract by Contractor is a representation that Contractor has
visited the Project site(s), has become familiar with the local conditions under which the
work is to be performed, and has taken into consideration these factors in submitting its
Project proposal and Scope of Work.
20. WARRANTY
20.1 Contractor warrants to City that all Products to be delivered hereunder will
be free from defects in material or workmanship and will be of the kind and quality
designated or specified by Contractor in Exhibit A. The warranty shall apply only to
defects appearing within two years from the date of final acceptance by City for hardware
products not manufactured by the Contractor, and two years from the date of final
acceptance by City for hardware products manufactured by Contractor. If Contractor
installs the Products and associated hardware and materials, or supplies technical
directions of installation by contract, the warranty period shall run from the date of final
acceptance of installation by City, provided same is not unreasonably delayed by City.
20.2 If Contractor - manufactured equipment delivered hereunder does not meet
the above warranty, and if City promptly notifies Contractor in writing, Contractor shall
thereupon correct any defect, including non - conformance with the specifications, either (at
its option) by repairing any defective or damaged parts of the equipment, or by making
available any necessary replacement parts, delivered and installed without additional
charge to City within seven (7) working days. City will return the defective product to
Contractor, at Contractors expense. Contractor shall repair or replace the defective item
and return it to City, shipping costs prepaid. Contractor shall perform any necessary
testing, hardware and equipment removal, repair, replacement, certification, and
installation at no cost to the City during the warranty period, using Contractor's equipment.
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20.3 The foregoing warranty is exclusive and in lieu of all other warranties,
whether written, oral, implied or statutory. Contractor does not warrant any equipment of
other manufacture designated by City.
21. REPRESENTATIONS
21.1 Non - infringement. Contractor represents that to the best of its knowledge
the technology embodied in the products sold herein does not infringe upon a United
States patent or United States copyright in effect as of the Effective Date.
21.2 Authoritv. Each party represents as follows: (a) that it has full power and
authority to execute, deliver and perform its obligations under this Contract; (b) that there
are no actions, proceedings or investigations, pending or, to the best of each party's
knowledge, threatened against such party which may in any manner whatsoever
materially affect the enforceability of this Contract or the rights, duties and obligations of
the parties hereunder, and (c) that the execution, delivery and performance of this
Contract will not constitute a breach or default under any agreement, law or court order
under which such party is a party or may be bound or affected by or which may affect the
rights, duties and obligations hereunder.
21.3 No Other Representations. Each party acknowledges and agrees that it is
relying on no representation of the other party except as expressly set forth herein.
22. CONFIDENTIAL INFORMATION.
22.1 Confidential Information. In the performance of this Contract or in
contemplation thereof, the parties and their respective employees and agents may have
access to private or confidential information owned or controlled by the other party and
such information may contain proprietary details and disclosures. All information and data
identified in writing as proprietary or confidential by either party ( "Confidential Information ")
and so acquired by the other party or its employees or agents under this Contract or in
contemplation thereof shall be and shall remain the disclosing party's exclusive property.
The recipient of Confidential Information shall use all reasonable efforts (which in any
event shall not be less than the efforts the recipient takes to ensure the confidentiality of its
own proprietary and other confidential information) to keep, and have its employees and
agents keep, any and all Confidential Information confidential, and shall not copy, or
publish or disclose it to others, nor authorize its employees, agents or anyone else to copy
or disclose it to others, without the disclosing party's written approval; nor shall the
recipient make use of the Confidential Information except for the purposes of executing its
obligations hereunder, and (except as provided for herein) shall return the Confidential
Information and data to the first party at its request. The City's duty to maintain
confidentiality as described hereunder shall be subject to the laws of the State of
California.
22.2 Excluded Information. The foregoing conditions will not apply to information
or data which is, or which becomes generally known to the public by publication or by any
means other than a breach of duty on the part of the recipient hereunder, is information
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previously known to the recipient, is information independently developed by or for the
recipient or is information generally released by the owning party without restriction.
22.3 Right to Injunctive Relief. Because of the unique nature of the Confidential
Information, the parties agree that each party may suffer irreparable harm in the event that
the other party fails to comply with any of its obligations under this Section, and that
monetary damages may be inadequate to compensate either party for such breach.
Accordingly, the parties agree that either party will, in addition to any other remedies
available to it at law or in equity, be entitled to seek injunctive relief to enforce the terms of
this Section.
23. ASSIGNMENT
This Contract shall not be assigned by any party, or any party substituted, without
prior written consent of the City and the Contractor.
24. STANDARD PROVISIONS
24.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
24.2 Compliance with all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
24.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
24.4 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
24.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and the Scope of Services or any other attachments
attached hereto, the terms of this Contract shall govern.
24.6 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
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24.7 Amendments. This Contract may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City
Attorney.
24.8 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
24.9 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
24.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
24.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Contract, the prevailing party shall not be entitled to attorneys' fees.
24.12 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed on
the dates written below.
APPROVED AS TO FORM:
CITY ATTORIJEVS OFFICE
Aafon C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
11� By:
UM 031a11r Edward D. Selich
Mayor
CONTRACTOR: FieldTurf USA, Inc., a
Florida corporation
Date:
By:
Eric Daliere
Chief Executive Officer / President
Date:
Bv:
Souha Azar
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Insurance Requirements
Exhibit C — Labor and Materials Payment Bond
Exhibit D — Faithful Performance Bond
17 -42
EXHIBIT A
SCOPE OF SERVICES AND
SCHEDULE OF BILLING RATES
Fieldturf Tarkett WAS Offer — Bonita Creek Sports Park
Contract #4- 06- 78 -0031A
To supply and install FieldTurf Revolution, product code FTRV -1F (2.5 ") and
FTRV -57S (2.2591)
a. Field sizes: 2 fields: 82,509 sf & 74,845 sf / 157,354 total square feet.
b. To supply and install FieldTurf monofilament grass with our exclusive
"Revolution" fiber for football / soccer / softball to be installed on a base prepared
according to RJM's specifications.
c. All of the necessary infill ingredients will be supplied by FieldTurf.
d. The panel seams will be sewn together by hand onsite.
e. The color of the fields will be green with markings for sports per RJM drawings.
f. The markings for each sport will be permanently installed as specified.
g. The cost of all materials and deliveries are included in this price.
A) BASE CONDITIONS
1. FieldTurf USA, Inc. will provide the specifications for the field installation.
2. The base is to be completely prepared prior to the arrival of FieldTurfs
installation crew.
3. A FieldTurf representative will occasionally be on site during the base
construction process to work with the general contractor and provide support to
insure specifications and schedules are met.
B) INSTALLATION CONDITIONS
1. Precise measurement of the fields is required to properly manufacture the rolls of
grass. This contract is based upon dimensions provided by RJM Architects; final
installation dimensions may vary based upon detailed plans.
2. FieldTurrs installation crew is to have uninterrupted access to the fields during
the installation period.
3. Field of play lines will be located and marked by stakes by the GC prior to
installation and a drawing of the layout of the lines is to be provided.
4. Any underground wiring for the lighting system or any other underground use
must be installed prior to our installation.
5. No unauthorized access to the fields, (Le.: play, traffic, etc.), will be allowed prior
to the signing of the Certificate of Completion. No vehicles are to circulate on the
field once the installation is ready to begin.
6. Any strike or act of God that affects the delivery or the installation shall not be the
responsibility of FieldTurf.
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7. Any resulting increased costs incurred shall be bome by the Purchaser.
8. The exact address for the delivery of materials and installation of FieldTurf is the
site address unless stated otherwise.
9. When the site is readied for a pre - installation walk through, another
measurement will be taken and the size of the fields to be installed will be altered
accordingly.
10. FieldTurf will attend progress meetings at inspector's request during the base
construction of the field and work closely with RJM and the general contractor to
insure specification / design compliance.
C) OTHER CONDITIONS
1. This contract is being offered in US Dollars.
2. Field production and installation crew scheduling will commence upon receipt of
accurate drawings, electronic artwork, and specifications from RJM and a Purchase
Order from the customer.
3. FieldTurf will require weekly written updates on the progress of the base /drainage
system installation for the last six weeks prior to FieldTurf installation work
commencement, in order to properly schedule for this installation.
4. A secure, paved staging area approximately 8- 10,000 square feet will be required for
FieldTurf installation crews, within the parking lot area of the work site. If necessary
FieldTurf will supply security for this area.
5. All CMAS General Provisions apply.
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FEE SCHEDULE
REGULAR TURF PRICING PRODUCT # FTRV -1 F 2.5" & FTRV -57S 2.25"
Regular Turf Price: $764,646.00
Permanent Markings: $35,500
Maintenance Equipment: Groomer & Sweeper $13,000
Tax on Material (8 %) $44,808
Bonding (1.25 %) $10,724
REGULAR PRICE TOTAL $868,678.00
CMAS TURF PRICING PRODUCT# FTRV -1F 2.5" & FTRV -57S 2.25"
CMAS cost per square foot FTRV -1 F (2.5 "): $4.55 x 82,509 sf = $375,416
CMAS cost per square foot FTRV -57S (2.25'): $4.40 x 74,845 sf = $329,318
Permanent Markings:
Soccer (2 Sets)
Football (1 Set)
Softball (1 Set)
Maintenance Equipment:
CMAS Admin Fee
Tax on Material (8 %)
Bonding (1.25 %)
Groomer & Sweeper
n/c ($12,150 multi -field discount)
n/c ($14,200 multi -field discount)
n/c ($7,000 multi -field discount)
$10,000
included
$40,265
$9,437
'CMAS Savings: <$104,242.00> (does not include general contractor mark -up of a traditional bid)
This quote excludes any design costs, base /drainage system installation costs, other
unforeseen costs.
FIELDTURF GUARANTEE IS 8 YEARS FOR PREMATURE WEAR AND 8 YEARS FOR
UV DEGRADATION.
FieldTurf USA, Inc.
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EXHIBIT B
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract) with no endorsement or modification
limiting the scope of coverage for liability assumed under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
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Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City and its officers, officials,
employees, and agents shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Contracts Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this Contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
FieldTurf USA, Inc.
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additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees.
D. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E: Requirements not Limiting. Requirements of specific coverage features.
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
F. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non - Compliance If Contractor or any sub -
consultant fails to provide and maintain insurance as required herein, then
City shall have the right but not the obligation, to purchase such
Insurance, to terminate this Contract, or to suspend Contractor's right to
proceed until proper evidence of insurance is provided. Any amounts paid
by City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
I. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
FieldTurf USA, Inc. Page B -3
f�]
judgment may be necessary for its proper protection and prosecution of
the Work.
FieldTurf USA, Inc. Page B -4
17 -49
EXHIBIT C
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
FIELDTURF USA, INC. hereinafter designated as the "Principal," a contract for the
purchase and installation of FieldTurf synthetic monofilament turf (product codes FTRV -1 F
and FTRV -57S), in the City of Newport Beach, in strict conformity with the Contract on file
with the office of the City Clerk of the City of Newport Beach, which is incorporated herein
by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as
"Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Seven
Hundred Sixty Four Thousand Four Hundred Thirty Six Dollars and 001100
($764,436.00), lawful money of the United States of America, said sum being equal to
100% of the estimated amount payable by the City of Newport Beach under the terms of
the Contract; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attomeys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as to
give a right of action to them or their assigns in any suit brought upon this Bond, as
FieldTurf USA, Inc. Page C -1
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required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to be
performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it
is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20_
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
FieldTurf USA, Inc. Page C -2
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his /her /their authorized capacity(ies), and that by his/her /their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
FieldTurf USA, Inc.
Page C -3
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EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $
rate of $
, being at the
thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
FIELDTURF USA, INC. hereinafter designated as the "Principal," a contract for the
purchase and installation of FieldTurf synthetic monofilament turf (product codes FTRV -1 F
and FTRV -57S), in the City of Newport Beach, in strict conformity with the Contract on file
with the office of the City Clerk of the City of Newport Beach, which is incorporated herein
by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and
,duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety "),
are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred
Sixty Four Thousand Four Hundred Thirty Six Dollars and 001100 ($764,436.00)
lawful money of the United States of America, said sum being equal to 100% of the
estimated amount of the Contract, to be paid to the City of Newport Beach, its successors,
and assigns; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the event
City is required to bring an action in law or equity against Surety to enforce the obligations
of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
FieldTurf USA, Inc. Page D -1
17 -53
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or to
the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of 20_
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
FieldTurf USA, Inc.
Page D -2
17 -54
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
FieldTurf USA, Inc.
(seal)
Page D -3
17 -55
EXHIBIT E
MANUFACTURER'S LIMITED WARRANTY
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