City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
MASTER AGREEMENT
CONTRACT NUMBER MA 106-499120
BETWEEN
CITY OF ANAHEIM
AND
UNITED ROTARY BRUSH CORPORATION
FOR
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
This Master Agreement MA 106-499120 for RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the City of Anaheim, a municipal corporation duly organized and validly existing under the laws of the State of California 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 City of Anaheim (hereinafter referred to as “City”) with a place of business at 200 S. Anaheim Blvd, Suite 620, Anaheim, CA 92805, and United Rotary Brush Corp a Corporation in California (hereinafter referred to as “Contractor”), with City and Contractor sometimes individually referred to as “Party”, or collectively referred to as “Parties”.
ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:
Attachment A - Scope of Work
Attachment B – Pricing
WHEREAS, the City of Anaheim/Central Purchasing Office, on behalf of the Public Works Department, issued a competitive solicitation, Invitation for Bid 9879 on March 5, 2026, for RECONDITIONED STREET SWEEPER BROOMS; and
WHEREAS, the Contractor responded to IFB 9879 for RECONDITIONED STREET SWEEPER BROOMS and represented that its proposed services shall meet or exceed the requirements of the Invitation for Bid; and
WHEREAS, the City desires to enter into Contract Master Agreement MA 106-499120 for RECONDITIONED STREET SWEEPER BROOMS with the Contractor as further set forth in this
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
Contract including its Attachments effective on the date of execution for a term of 1 year with the City having the option to renew for an additional four one-year optional renewals, for a total not-to-exceed amount of $61,404.80 annually, for a total cumulative amount of $307,024, plus applicable sales tax, CPI increases applicable to renewals, and a 10% contingency; and, WHEREAS, the Contractor agrees to provide RECONDITIONED STREET SWEEPER BROOMS based on the Scope of Work attached hereto and incorporated herein as Attachment A, and WHEREAS, the City agrees to pay Contractor based on the schedule of fees set forth in Pricing attached hereto as Attachment B; and,
NOW, THEREFORE, the Parties mutually agree as follows:
City General Terms and Conditions
1. Governing Law and Venue
This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another County.
2. Entire Contract
This Contract contains the entire Contract between the Parties with respect to the matters herein, and there are no restric tions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any City employee or agent, including but not limited to installers of software, shall not be valid or binding on City unless accepted in writing by City’s Purchasing Agent or designee.
3. Amendments
No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, sub stitutes or revisions are valid or binding on City unless authorized by City in writing.
4. Taxes
Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment.
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
5. Delivery
Time of delivery of commodities and services is of the essence in this Contract. City reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind City to accept future shipments nor deprive it of the right to return commodities already accepted at Contractor’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by City.
6. Acceptance Payment
Unless otherwise agreed to in writing by City, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of City, and 2) payment shall be made in arrears after satisfactory acceptance.
7. Warranty
Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor’s part t o indemnify, defend and hold City and its indemnities as identified in Article “26” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by City by reason of the failure of the goods/services to confor m to such warranties, faulty work performance, negligent or unlawful acts, and non -compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.
8. Patent/Copyright Materials/Proprietary Infringement
Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph “26” below, it shall indemnify, defend and hold City and City Indemnitees harmless from any and all such claims and be responsible for paym ent of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.
9. Assignment
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of City. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of City shall be invalid and shall constitute a breach of this Contract.
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
10. Non-Discrimination
In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
11. Termination
In addition to any other remedies or rights it may have by law, City has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Contractor. Exercise by City of its right to terminate Contract shall relieve City of all further obligation.
12. Consent to Breach Not Waiver
No term or provision of this Contract shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
13. Independent Contractor
Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be consid ered an agent or an employee of City. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through City.
14. Performance Warranty
Contractor shall warrant all work u nder this Contract, taking necessary steps and precautions to perform the work to City’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion, and coordination of all documentation and other co mmodities/services furnished by Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, s hall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of City required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall b e fully responsible for all work performed by subcontractors.
15. Bonding and Insurance Requirements
Some procurements may require bonding and/or insurance. Specific requirements will be stated in the applicable bid documents. In the event bonding is required, bonds shall be submitted in a form acceptable to the City (samples will be included in the documents).
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
Checks or letters of credit will not be accepted in lieu of bonding. When services are provided to the City, City’s standard insurance requirements (shown below) shall apply, unless otherwise indicated in the bid specifications or an approved exception is granted by the Risk Manager for the City. • Comprehensive General Liability Insurance: In an amount no less than $2,000,000 per occurrence/$4,000,000 Aggregate. This coverage is primary over any coverage maintained by the City.
• Auto Liability Ins urance: In an amount no less than $2,000,000 per occurrence combined single limit (CSL). This coverage is primary over any coverage maintained by the City. • Workers' Compensation Insurance: As required by State statutes and Employer Liability Coverage in an amount no less than $1,000,000. A Waiver of Subrogation is required for Workers’ Compensation coverage.
Coverage Minimum Limits
Commercial General Liability $2,000,000 occurrence
$4,000,000 aggregate
Automobile Liability including coverage for owned, non-owned and hired vehicles
$2,000,000
Combined single limit Per Occurrence
Workers' Compensation Statutory
Employers' Liability Insurance $1,000,000
Contractor is responsible for the satisfaction of any applicable deductible or self -insured retention (SIR), which if exceed $10,000, must be disclosed and approved by the City’s Risk Manager prior to the inception of this Agreement.
Excess/Umbrella insura nce can be used to satisfy the minimum insurance requirements subject to the review and approval of the City’s Risk Manager.
Contractor agrees that required insurance shall not be voluntarily cancelled or limited in scope by Contractor until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805. This does not apply to cancellation for non - payment of premium, which requires notice of not less than ten (10) days.
Each insuranc e policy required by this Agreement, except Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
“It is agreed that any insurance maintained by Contractor pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of Anaheim.” “The City of Anaheim is included as additional insured with respect to the scope of work, operations, and/or activities of the Named Insured, performed under this Agreement with the City of Anaheim.” Insurance certificates should state:
City of Anaheim
Attn: Purchasing Division
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Insurance certificates should be emailed to [email protected].
Any insurance required under this Agreement must be written by an insurance company admitted to do business in California.”
The City’s Risk M anager is authorized to approve Contractor generated exceptions, to the above requirements as set forth herein in the event Contractor generated amendment or exception request as to a reduction in coverage or amendment to policy or coverage form is in the City’s best interest.
16. Changes
Contractor shall make no changes in the work or perform any additional work without City’s specific written approval.
17. Change of Ownership/Name, Litigation Status, Conflicts with City Interests Contractor agrees that if there i s a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and City agrees to an assignment of Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor’ s duties and obligations contained in this Contract and complete them to the satisfaction of City.
City reserves the right to immediately terminate Contract in the event City determines that the assignee is not qualified or is otherwise unacceptable to City for the provision of services under Contract.
In addition, Contractor has the duty to notify City in writing of any change in Contractor’s status with respect to name changes that do not require an assignment of Contract. Contractor is also oblig ated to notify City in writing if Contractor becomes a party to any litigation against City, or a party to litigation that may reasonably affect Contractor’s performance under Contract, as well as any potential conflicts of interest between Contractor and City that may arise prior to or during the period of Contract performance.
While Contractor will be required to provide this information without prompting from City any time there is a change in Contractor’s name, conflict of interest or litigation status, Contractor must also provide an update to City of its status in these areas whenever requested by City.
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with City interests. In addition to Contractor, this obligation shall apply to Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. Contractor’s efforts shall include, but not be limited to establis hing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers in the performance of their duties.
18. Force Majeure
Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
notice of the cause of the delay to City within 36 hours of the start of the delay and Contractor avails himself of any available remedies.
19. Confidentiality
Contractor agrees to maintain the confidentiality of all City and City -related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.
20. Compliance with Laws
Contractor represents and warrants that services to be provided under this Cont ract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by City in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by City. Contractor acknowledges that City is relying on Contractor to ensure such compliance, and pursuant to the requirements of paragraph “26” below, Contractor agrees that it shall defend, indemnify and hold City and City Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
21. Freight
Prior to City’s express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.
22. Severability
If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
23. Attorney Fees
In any action or proceeding to enforce or interpret any provision of this Contract, each Party shall bear their own attorney’s fees, costs and expenses.
24. Interpretation
This Contract has been negotiated at arm’s length and between persons sophistic ated and knowledgeable in the matters dealt with in this Contract. In addition, each Party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being e ncouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any r ule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Contract.
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
25. Employee Eligibility Verification
Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain from all employees performing work hereunder, all verificat ion and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its agents, office rs, and employees from employer sanctions and any other liability which may be assessed against Contractor or City or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.
26. Hold Harmless and Indemnification
Contractor agrees to indemnify, defend and hold harmless the City (including its officers and employees) from and against any and all claims of any kind or nature presented against the City arising out of Contractor’s (including Contractor’s employees, rep resentatives, products, and subcontractors) performance under any purchase order or agreement, excepting only such claims, costs, or liability which may arise out of the sole negligence of the City.
The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether the City, Contractor, or any other person or entity maintains or fails to maintain insurance coverage or a self-insurance program, for any such Claim(s); and (ii) shall survive the termination of this Contract.
27. Audits/Inspections
Contractor agrees to permit the City’s authorized representative (including auditors from a private auditing firm hired by City) access during normal working hours to all bo oks, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. City will provide reasonable notice of such an audit or inspe ction. City reserves the right to audit and verify Contractor’s records before final payment is made.
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 under this Contract or by law. Contractor agrees 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 to City to audit reco rds and interview staff of any subcontractor related to performance of this Contract.
Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to City’s project manager.
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
28. Contingency of Funds
Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon budget approval for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, Ci ty may immediately terminate or modify this Contract without penalty.
29. Prevailing Wage (as applicable)
Prevailing Wage (Labor Code §1773): Pursuant to the provisions of Section 1773 et seq. of the California Labor Code, Contractor shall comply with the gene ral prevailing rates of per diem wages and the general prevailing rates for holiday and overtime wages in this locality for each craft, classification, or type of worker needed to execute Contract. The rates are available from the Director of the Departme nt of Industrial Relations at the following website:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. Contractor shall comply with the provisions of Sections 1775 and 1813 of the Labor Code.
A. Labor Code Requirements: Contractor and all subcontractors shall comply with all applicable requirements of the Labor Code throughout the performance of Contract, including but not limited to the following:
B. Labor Code Notice: Contractor and all subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5.
Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the Contract, Contractor and each subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.
C. Threshold Requirements for Prevailing Wages: Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work f ixed as provided in this chapter, shall be paid to all workers employed on public works.
D. Wage Rates: Contractor shall post a copy of the wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type o f workman needed to execute this Contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk’s Office or visit the website of the Department of Industri al Relations, Prevailing Wage Unit at www.dir.ca.gov/DLSR/PWD. The Contractor shall comply with the provisions of Sections 1774, 1775, 1776 and 1813 of the Labor Code.
E. Apprenticeship Requirements: The Contractor shall comply with Section 230.1(A), California Code of Regulations as required by the Department of Industrial Relations, Division of Apprenticeship Standards by submitting DAS Form to the Joint Apprenticeship Committee of the craft or trade in the area of the site.
F. Registration of Contractor: All contractors and subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregis tered contractors except as provided in Section 1771.1. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the contract, Contractor and each subcontractor
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.
Prevailing Wage and DIR Requirement: Awarding agencies are not required to submit the notice of contract award through DIR’s PWC -100 system on projects th at fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:
1. $25,000 for new construction, alteration, installation, demolition or repair
2. $15,000 for maintenance
If the project meets or exceeds these amounts, the City and the Contractor are required to register the project with the California Department of Industrial Relations.
G. Payroll Records: Contractor and any subcontractor(s) shall comply with the requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish the records specified in Section 1776 directly to the Labor Commissioner in an electronic format, or other format as specified by the Commissioner, in the manner provided by Labor Code Section 1771. 4.
The requirements of Labor Code Section 1776 provide, in summary:
i. Contractor and any subcontractor(s) performing any portion of the work under this Contract shall keep an accurate record, showing the name, address, social security number, work classifica tion, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor(s) in connection with the work.
ii. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
I. The information contained in the payroll record is true and correct.
II. The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her employees in connection with the Contract.
iii. The payroll records shall be certified and shall be available for inspection at the principal office of Contractor on the basis set forth in Labor Code Section 1776. iv. Contractor shall inform City of the location of the payroll records, including the street address, city and county, and shall, within five (5) working days, provide a notice of any change of location and address of the records.
v. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall have ten (10) days in which to provide a certified copy of the payroll records subsequent to receipt of a written notice requesting the records described herein. In the event th at Contractor or any subcontractor fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100), or a higher amount as provided by Section 1776, for each calendar day, or portion thereof, for each worker to whom the noncompliance pertains, until strict compliance is effectuated. Contractor acknowledges that, without limitation as to other remedies of enforcement available to City, upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the California Department of Industrial Relations, such penalties shall be withheld from progress payments then due Contractor.
Contractor is not subject to a penalty assessment pursuant to this section due to th e failure of a subcontractor to comply with this section. vi. Contractor and any subcontractor(s) shall comply with the provisions of Labor Code Sections 1771 et seq., and shall pay workers employed on the Contract not less than the general prevailing rates of per diem wages and holiday and overtime wages as
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
determined by the Director of Industrial Relations. Contractor shall post a copy of these wage rates at the job site for each craft, classification, or type of worker needed in the performance of this Contr act, as well as any additional job site notices required by Labor Code Section 1771.4(b). Copies of these rates are on file at the principal office of City’s representative, or may be obtained from the State Office, Department of Industrial Relations (“DIR ”) or from the DIR’s website at www.dir.ca.gov. If the Contract is federally funded, Contractor and any subcontractor(s) shall not pay less than the higher of these rates or the rates determined by the United States Department of Labor.
H. Work Hour Penalty: Eight (8) hours of labor constitute a legal d ay's work, and forty (40) hours constitute a legal week's work. Pursuant to Section 1813 of the Labor Code of the State of California, the Contractor shall forfeit to the City Twenty Five Dollars ($25) for each worker employed in the execution of this Cont ract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than the legal day's or week's work, except that work performed by employees of said Contractor and subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon the payment of compensation to the workers for all hours worked in excess of eight (8) hours per day of not less than 1-1/2 times the basic rate of pay.
I. Wage Rate Penalty: Contractor and any subcontractor(s) shall comply with the provisions of Labor Code Section 1775. Contractor and any subcontractor(s) shall be subject to a penalty in an amount up to $200, or a higher amount as provided by Section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done by Contractor or subcontractor(s) under Contract.
J. Apprentices: The Contractor acknowledges and agrees that, if this Contract involves a dollar amount greater than or a number of working days greater than that specified in Labor Code Section 1777.5, this Contract is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of the Contractor to ensure compliance with this Article and with Labor Code Section 1777.5 for all apprenticeable occupations.
Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractors under him employing workers in any apprenticeable craft or trade in performing any work under this Contract shall apply to the applicable joint apprenticeship committee for a certificate approving the Contractor or subcontractor under the applicable apprenticeship standards and fixing the ratio of apprentices to journeymen employed in performing the work.
Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractor under him may be required to make contributions to the apprenticeship program.
The Contractor and all subcontractors under him shall comply with Labor Code Section 1777.6 which Section forbids certain discriminatory practices in the employment of apprentices.
30. Expenditure Limit
Contractor shall notify City of Anaheim in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract. City will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on Contract unless a change order to cover those costs has been issued.
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
31. California Public Records Act
Contractor and City agree and acknowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq. Contractor shall not respond to any California Public Records Act request directed at City; all responses shall be handled by City.
City Additional Terms and Conditions
32. Scope of Contract
This Contract specifies the terms and conditions by which the City will procure RECONDITIONED STREET SWEEPER BROOMS from the Contractor, as further detailed in the Scope of Work, identified and incorporated herein by this reference as "Attachment A". All services provided under this Contract shall conform to the Scope of Work as set forth in this contract.
33. Term of Contract
This Contract shall commence upon execution of all necessary signatures for a term of 1 year with the City having the option to renew for an additional four one-year optional renewal terms.
34. Adjustments – Scope of Work
No adjustments made to the Scope of Work will be authorized without prior written approval of the Purchasing Agent or designee.
35. Bills and Liens
Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly procure its release and, in accordance with the requir ements of paragraph “28” above, indemnify, defend, and hold City harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.
36. Changes in Specifications
No changes shall be made in the specifications unless authorized by the City. The City shall have the right to make reasonable changes at any time, if not cost is associated with those changes, including drawings that are a part thereof or made a part thereof by reason of the changes.
37. Civil Rights
Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
38. Americans with Disabilities Act (ADA)
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 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11 135, 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.
39. Authorization Warranty
The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority.
40. Breach of Contract
The failure of Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event City may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
A. Terminate Contract immediately, pursuant to Article 11 herein; and B. Afford Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; and C. Discontinue payment to the Contactor for and during the period in which Contractor is in breach; and
D. Offset against any monies billed by Contractor but unpaid by City those monies disallowed pursuant to the above.
41. Conflict of Interest – Contractor’s Personnel
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of City. This obligation shall apply to Contractor; Contractor’s employees, agents, and subcontractors ass ociated with accomplishing work and services hereunder.
Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of City.
42. Conflict of Interest – City Personnel
City Council policy prohibits its employees from engaging in activities involving a conflict of interest.
Contractor shall not, during the period of this Contract, employ any City employee for any purpose.
43. Contractor’s Project Manager and Key Personnel
Contractor shall appoint a Project Manager to direct Contractor’ s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by City and shall not be changed without the written consent of City’s Project Manager, which consent shall not be unreasonably withheld.
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project timelines. City’s Project Manager shall have the right to require the removal and replacemen t of Contractor’s Project Manager from providing services to City under this Contract. City’s Project Manager shall notify Contractor in writing of such action. Contractor shall accomplish the removal within five (5) business days after written notice by City’s Project Manager. City’s Project Manager shall review and approve the appointment of the replacement for Contractor’s Project Manager. City is not required to provide any additional information, reason or rationale in the event it requires the remov al of Contractor’s Project Manager from providing further services under Contract.
44. Contractor’s Records
Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Contractor in accorda nce with generally accepted accounting principles. These records shall be stored for a period of three (3) years after final payment is received from City.
45. Contractor Work Hours and Safety Standards
The Contractor shall ensure compliance with all safety a nd hourly requirements for employees in accordance with federal, state, and City’s safety regulations and laws.
46. Conditions Affecting Work
Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without addi tional cost to City. City assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by City are expressly stated in Contract.
47. Data – Title To
All materials, documents, data or information obtained from City data files or any City medium furnished to Contractor in the performance of this Contract will at all times remain the property of City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of City. All materials, documents, data or information, including copies, must be returned to City at the end of this Contract.
48. Default – Re-Procurement Costs
In case of Contract breach by Contractor, resulting in termination by City, City may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Contractor will be responsible for paying City the difference between Contract cost and the price paid, and City may deduct this cost from any unpaid balance due Contractor. The price paid by City shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
49. Defective Materials
Any materials not conforming to the requirements of the Specifications in Attachment A – Scope of Work and Specifications shall be considered defective. All such materials, whether in place or not, shall be immediately removed from the site of the work. Any defective materials delivered or ins talled shall be removed by the City and all costs of removal and replacement shall be deducted from any amounts due or to become due do the Contractor. No rejected materials, the defects of which have been subsequently corrected, shall be used.
50. Disputes – Contract
The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the City‘s Project Manager, as specified in Article 59 “Notices”, such matter shall be brought to the attention of the City Purchasing Agent by way of the following process:
The Contractor shall submit to the Purchasing Agen t a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless City, on its own initiative, has already rendered such a final decision.
The Contractor’s wri tten demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good fai th, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Contractor believes City is liable.
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 commodities and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be signed by City Purchasing Agent or his designee. If City fails to render a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting City’s right to terminate Contract for cause or termination for convenience as stated in Article 11 herein.
51. Drug-Free Workplace
Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:
A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).
B. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1. The dangers of drug abuse in the workplace; and
2. The organization’s policy of maintaining a drug-free workplace; and
3. Any available counseling, rehabilitation and employee assistance programs; and
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
4. Penalties that may be imposed upon employees for drug abuse violations.
C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:
1. Will receive a copy of the company’s drug-free policy statement; and
2. Will agree to abide by the ter ms of the company’s statement as a condition of employment under this Contract.
D. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Contractor may be ineligible for award of any future City contracts if City determines that any of the following has occurred:
1. Contractor has made false certification, or
2. Contractor violates the certification by failing to carry out the requirements as noted above.
52. Emergency/Declared Disaster Requirements
In the event of an emergency or if the City of Anaheim is declared a disaster area by city, county, state or federal government, Contract may be subjected to unusual usage. Contractor shall service City during such an emergency or declared disast er under the same terms and conditions that apply during non - emergency/disaster conditions. The pricing quoted by Contractor shall apply to serving City’s needs regardless of the circumstances. If Contractor is unable to supply the goods/services under t he terms of Contract, then Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Contractor shall show both the emergency purchase order number and Contract number.
53. Errors and Omissions
All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to subm ission to the City. Contractor agrees that City review is discretionary, and Contractor shall not assume that the City will discover errors and/or omissions. If the City discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the City or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after City approval thereof, City approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the City and Contractor, and the reports, files or documents will be returned to Contractor for correction.
54. Equal Employment Opportunity
Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
applicant for employment is qualified. Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to comply with the pr ovisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.
Regarding Americans with disabilities, Contractor agrees to comply with appl icable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.
55. Headings
The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.
56. Liquidated Damages
In the event the Contractor fails to provide RECONDITIONED STREET SWEEPER BROOMS or any portion thereof by the delivery dates as specified in the Contract or any agreed -upon amendment, the Contractor shall be liable for liquidated damages.
57. Mandatory Kick-Off Meeting
Upon award of the Contract, the awarded vendor(s) may be required to attend a mandatory kick-off meeting with City representatives to discuss important information related to the scope of work, the Contract, and the invoice payment process. A quarterly check-in meeting may be required to review any issues with the Contract.
58. News/Information Release
Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from City through City’s Project Manager.
59. Notices
Any and all notices, requests, demands, and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the Assigned Buyer, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.
Contractor: United Rotary Brush
Attn: Tom Staab
Phone: (913) 577-0916
Email: [email protected]
Project Manager: City of Anaheim/ Public Works
Attn: Gabriel Almanza
Phone: (714) 765-6880
Email: [email protected]
Assigned Buyer: City of Anaheim/Central Purchasing Office Attn: Maira Quezada
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Telephone: (714) 765-5218
Email: [email protected]
With a copy to: City Clerk
City of Anaheim
200 S. Anaheim Blvd. 2nd Floor
Anaheim, CA 92805
60. Order Dates
Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to City and the order date must precede the expiration date of the Contract.
61. Ownership of Documents
City has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the City and may be used by the City as it may require without additional cost to the City. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
62. Permits and Licenses
Contractor shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by City in its governmental capacity shall affect or limit Contractor’s obligations hereunder, nor shall any approvals or consents given by City as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations.
City of Anaheim Master Agreement
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp
63. Precedence
Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provis ions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.
64. Sub-Contracting
No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the City. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the City shall be invalid and shall substitute a breach of Contract.
In the event that the Contractor is authorized by the City to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate be reference the terms of this Contract. The City shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the City of Anaheim.
65. Substitutions
The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior City written approval.
66. Usage
No guarantee is given by City to Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. Contractor agrees to supply services and/or commodities requested, as needed by City of Anaheim, at rates/prices listed in Contract, regardless of quantity requested.
67. Usage Reports
Contractor shall submit usage reports on an annual basis to the Assigned Buyer. The usage report shall be in a format specified by the City and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable.
Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date following their respective signatures.
UNITED ROTARY BRUSH CORPORATION CITY OF ANAHEIM, a municipal corporation **signature_110512**
SIGNATURE
FULL NAME
TITLE
**date_signed_110512**
DATE SIGNED
**signature_110513**
SIGNATURE
ED SEGURA
FULL NAME
PURCHASING AGENT
TITLE
**date_signed_110513**
DATE SIGNED
ATTEST: APPROVED AS TO FORM:
**signature_110801**
SIGNATURE
THERESA BASS
FULL NAME
**date_signed_110801**
DATE SIGNED
CITY CLERK
TITLE
**signature_110802**
SIGNATURE
BRYN MORLEY
FULL NAME
**date_signed_110802**
DATE SIGNED
DEPUTY CITY ATTORNEY
TITLE
Exhibits List
A - SCOPE OF WORK
B - PRICING
Exhibit A
SCOPE OF WORK
INVITATION FOR BID
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
9879
1.2. SCOPE OF WORK
1.2.1. OVERVIEW
A. City of Anaheim is seeking qualified vendors to provide as-needed reconditioned street sweeper brooms and related pickup, refurbishment, return, and disposal services, per these Specifications.
B. The services shall include:
1. Weekly pickup of used brooms
2. Evaluation and refurbishment
3. Return delivery of refurbished brooms
4. Disposal/ recycling of non-refurbished brooms
C. All of the listed parts and the estimated quantities in the e-Bid line items were generated for evaluation purposes and are subject to change by City as its needs change.
D. City may make awards to multiple bidders based on bid prices and corresponding items if it is in the best interest of the City to do so.
E. City does not imply or make any commitment to purchase a specific quantity during the term of the agreement, City reserves the right to add, change, or delete items to adapt to departmental needs.
1.2.2. EQUIPMENT COVERED
Refurbishment shall apply to the following OEM broom types (or City-approved equals):
A. Tymco 600
• Part No. 21-021279TYP – Poly TB 2 7/8" x 12" x 79" (TYMCO 600/ BAH) • Part No. 40-PATMOPS120 – Blue Steel Gutter Broom Segment MOBIL PLAS BK B. Tymco 210
• Part No. 44-POTYB – Bend Poly Gutter Broom
IFB | RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
C. Elgin Sweeper Company (Broom Bear)
• Part No. 21-083660EAP – Eagle Poly TB 8 1/2" x 36" x 60" • Part No. 40-PATELPS120 – Blue Steel Gutter Broom Segment PLAS BK The City is open to reviewing approved equal alternatives that meet or exceed all OEM characteristics.
D. Advise City if a part number is no longer available from the stated manufacturer; obtain City approval prior to placing order for any alternate.
E. All items must meet or better all applicable Fede ral, State, and local requirements and all applicable OEM requirements.
1.2.3. SERVICE REQUIREMENTS - Pickup & Delivery
A. Frequency: Weekly, as determined by the City Representative (CR).
B. Location: 400 E. Vermont Yard, Anaheim, CA
C. Hours of Operation : Monday–Friday, 6:30 AM – 3:00 PM D. Vendor shall:
1. Pick up all brooms placed on designated carts.
2. Evaluate which brooms are eligible for refurbishment.
3. Remove all collected brooms (no returns of rejected units).
4. Provide a pickup receipt at time of collection.
5. Return refurbished brooms within one (1) week.
6. Deliver the same quantity of refurbished brooms as picked up the prior week.
7. Provide a delivery receipt showing quantities returned.
8. Email invoice to designated City contact.
9. Delivery, pickup, and disposal costs must be included in the unit price of all items.
10. Do not hold items to consolidate order unless specifically permitted by the City.
11. Dispose of spent brooms as indicated by City Representative according to all legal requirements.
1.2.4. REFURBISHMENT STANDARDS
A. Refurbishment shall include, at minimum:
1. Removal of worn or damaged bristles
2. Replacement with new steel bristle material (nylon bristles are not permitted)
3. Inspection of:
IFB | RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
a. Core
b. Rings
(Mounting hardware is inspected by City staff)
B. Refurbished brooms must be:
1. Structurally sound
2. Properly balanced
3. Suitable for continued street sweeping operations
4. Compliant with OEM specifications
C. Any broom deemed unsafe or unsuitable for refurbishment shall be reported to the City prior to disposal.
D. Non-refurbishable brooms shall be recycled or disposed of in accordance with applicable laws.
1.2.5. TURN AROUND TIME
A. Standard turnaround: One (1) week
B. Vendor shall return a batch of refurbished brooms at the next scheduled weekly pickup.
C. Failure to meet turnaround times may be considered non-performance.
1.2.6. WARRANTY
A. All items shall carry:
1. Manufacturer’s warranty (if applicable)
2. Limited warranty on materials and workmanship for normal broom life B. Warranty begins upon installation by the City.
C. Vendor must handle all warranty related issues within five (5) business days of notification.
1.2.7. CONTRACTOR QUALIFICATIONS
A. Vendors must:
1. Have a minimum of five (5) years of experience refurbishing street sweeper brooms or similar municipal equipment.
2. Provide at least three (3) references from municipalities or similar agencies for similar services.
3. Maintain required insurance coverage.
4. Possess valid Anaheim Business License (post-award).
IFB | RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
1.2.8. TERM
A. Term: is for a one-year base period with up to four one-year optional renewals.
B. Price Changes: After the base period price changes shall be negotiated, but shall not exceed the most recent available 12-month period for the Los Angeles – Long Beach –Anaheim, CA Consumer Price Index (CPI) for all urban consumers. In the event that prices increase beyond the CPI, bidder must provide verifiable evidence from the manufacturer of the product to support a requested increase. It will be at the sole discretion of the City to accept or reject such an increase.
1.2.9. QUANTITIES
A. Quantities shown in eBid Line Items are annual estimates and vary significantly.
B. City does not imply or make any commitment to purchase any specific quantity.
1.2.10. PRICING
A. Unit Price: must include everything except sales tax; pickup, delivery, disposal/recycling, labor, materials, environmental fees, all other associated costs. NO additional charges. Unit prices are fixed for each year.
B. Core Charges or Deposits: do not charge any core charges unless authorized by Project Manager.
C. Additional charges: do not charge any fees or charges for restocking or service fees for returned items, incorrect items, defective items, minimum orders, deliveries, pick-ups, disposals, environmental fees, fuel surcharges, etc.
D. Sales Tax: City will add the appropriate sales tax to each order.
E. City reserves the right to add, change, or delete items as its discretion. The price for items that are added or changed must be priced according to the lower of a similar item, the factored discount percentage from list price of a similar item.
Exhibit B
PRICING
The City of Anaheim
Central Purchasing Office
Ed Segura, Purchasing Agent
200 S. Anaheim Blvd, Anaheim, CA 92805
[UNITED ROTARY BRUSH CORP] RESPONSE DOCUMENT REPORT
IFB No. 9879
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
United Rotary Brush Corp Response
Attachment B
PRICING
1. Compensation: This is a fixed fee Contract between City and Contractor for as needed Reconditioned Street Sweeper Brooms as set forth in Attachment A, “Scope of Work”.
Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the exec ution of the services until acceptance, for risks connected with the services, and for performance by Contractor of all its duties and obligations hereunder.
Contractor shall only be compensated as set forth herein for equipment, supplies, and accessories provided in accordance with the Scope of Work. City shall have no obligation to pay any sum in excess of the fixed rates specified herein unless authorized by amendment.
2. Pricing: Fees quoted below shall be all inclusive of all labor, services, skills, supervision, delivery, mileage, fuel surcharge, travel time, materials, necessary tools, routine equipment and for any unreasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder.
[UNITED ROTARY BRUSH CORP] RESPONSE DOCUMENT REPORT
IFB No. 9879
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
[UNITED ROTARY BRUSH CORP] RESPONSE DOCUMENT REPORT
INVITATION FOR BID - RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
PRICE TABLES
BASE YEAR PRICING
Quantities are estimates only and subject to significant variation. Unit Pricing must be fully loaded to include everything (pickup, delivery, disposal, labor, materials, environmental fees, all other associated costs) as specified in the pricing terms.
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Refurbish Tymco 600 Poly Tube Broom - 21-021279TYP 4 Each $380.00 $1,520.00 2 Refurbish Tymco 600 Gutter Broom Segment - 40-PATMOPS120, Blue Steel 1,152 Each $29.65 $34,156.80 3 Refurbish Tymco 210 Gutter Broom - 44 POTYB 48 Each $16.00 $768.00 4 Refurbish Elgin Broom Bear Tube Broom - 21-083660EAP, Eagle Poly TB 24 Each $475.00 $11,400.00 5 Refurbish Elgin Broom Bear Gutter Segment - 40-PATELPS120, Blue Steel GB SEG PLA BK
480 Each $28.25 $13,560.00
TOTAL $61,404.80
3. Pricing Structure: Pricing for the initial one -year base period shall remain fixed. The price for renewal years is subject to negotiation but shall not exceed the most recent available 12 -month period for the Los Angeles - Long Beach- Anaheim, CA Consumer Price Index (CPI) Series ID CUURS49ASA0 for All Urban Consumers. In the event that prices increase beyond the CPI, vendor must provide verifiable evidence from the manufacturer of the product to support the requested increase. It will be at the sole discretion of the City to accept or reject such an increase.
Cumulative Contract Amount: $ 307,024 plus CPI increases applicable to renewals, applicable sales tax, and 10% contingency.
[UNITED ROTARY BRUSH CORP] RESPONSE DOCUMENT REPORT
IFB No. 9879
RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
[UNITED ROTARY BRUSH CORP] RESPONSE DOCUMENT REPORT
INVITATION FOR BID - RECONDITIONED STREET SWEEPER BROOMS - AS NEEDED
4. Payment Terms – Payment in Arrears: Payment will be made in arrears net thirty (30) calendar days after receipt of an invoice in a format acceptable to the City. Invoices will be verified and approved by the Ci ty and subject to routine processing requirements. The responsibility for providing an acceptable invoice to the City for payment rests with Contractor. Incomplete or incorrect invoices are not acceptable and will be returned to Contractor for correction.
Billing shall cover services and/or goods not previously invoiced. Contractor shall reimburse City of Anaheim for any monies paid to Contractor for goods or services not provided or when goods or services do not meet Contract requirements.
Payments made by City shall not preclude the right of City from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.
5. Taxpayer ID Number: Contractor shall include its taxpayer ID number on all invoices submitted to City for payment to ensure compliance with IRS requirements and to expedite payment processing.
6. Payment – Invoicing Instructions: Contractor will provide an invoice on Contracto r’s letterhead for goods delivered and/or services rendered. In the case of goods, Contractor will leave an invoice with each delivery. Each invoice will have a numbe r and will include the following information:
a. Contractor’s name and address
b. Contractor’s remittance address, if different from one above c. Contractor’s Taxpayer ID Number
d. Name of City Agency/Department
e. Delivery Order Number
f. Agency/Department’s Account Number
g. Date of order
h. Product/service description, quantity, and prices
i. Sales tax, if applicable
j. Freight/delivery charges, if applicable
k. Total