City of Anaheim Master Agreement
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
MASTER AGREEMENT
CONTRACT NUMBER 106- 499299
BETWEEN
CITY OF ANAHEIM
AND
Major League Infields, Inc.
FOR
ATHLETIC FIELD MAINTENANCE SERVICES
This Master Agreement MA# 106- 499299 for ATHLETIC FIELD MAINTENANCE SERVICES (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 Major League Infields, Inc. 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 Community Services/ Parks Division, issued a competitive solicitation, Invitation For Bids (IFB) 26-27-02 on 7/2/2026, for ATHLETIC FIELD MAINTENANCE SERVICES; and
WHEREAS, the Contractor responded to 26-27-02 for ATHLETIC FIELD MAINTENANCE SERVICES and represented that its proposed services shall meet or exceed the requirements of the Invitation For Bids (IFB); and
WHEREAS, the City desires to enter into Contract Master Agreement 106- 499299 for ATHLETIC FIELD MAINTENANCE SERVICES with the Contractor as further set forth in this Contract including City of Anaheim Master Agreement
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
its Attachments effective on the date of execution for a term of one year unless earlier terminated by the City, and with the City having the option to renew for up to four additional one-year periods, for an annual not-to-exceed amount of $215,912.00, plus annual renewal increases limited to the change in the applicable Consumer Price Index (CPI); and,
WHEREAS, the Contractor agrees to provide ATHLETIC FIELD MAINTENANCE SERVICES 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 restrictions, 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, substitutes 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 to 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 conform 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 payment 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 considered 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 under 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 commodities/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, shall 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 be 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 Insurance: 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 insurance 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 nonpayment of premium, which requires notice of not less than ten (10) days.
Each insurance 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 Manager 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 is 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 obligated 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 establishing 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 Contract 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 sophisticated 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 encouraged 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 rule 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 verification 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, officers, 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, representatives, 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 books, 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 inspection. 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 records 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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, City 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 general 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 Department 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 fixed 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 of 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 Industrial 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 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 City of Anaheim Master Agreement
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
subcontractor 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 that 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 classification, 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 that 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 the 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 Contract, 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 day'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 Contract 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 ATHLETIC FIELD MAINTENANCE SERVICES 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 an iniital one-year period, unless earlier terminated by the City. The City has the option to renew the Agreement for up to four additional one-year periods.
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 requirements 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 11135, 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 associated 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 replacement 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 removal 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 accordance 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 and 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 additional 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 installed 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 Agent 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 written 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 faith, 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 terms 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 disaster under the same terms and conditions that apply during nonemergency/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 the 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 submission 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 provisions 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 applicable 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 ATHLETIC FIELD MAINTENANCE SERVICES 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.
Contractor: Major League Infield, Inc.
Attn: Patrick May, Vice President
508 E Chapman Ave.
Fullerton, CA 92832
Phone: (818) 355-2167
Email: [email protected]
Project Manager: Community Services/ Parks Division
Attn: Steve Ballard
Phone: (714) 765-4462
Email: [email protected]
Assigned Buyer: City of Anaheim/Central Purchasing Office Attn: Ariana Hernandez
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Telephone: (714) 765-4543
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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 provisions 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.
68. Quantities
City makes no commitment of any specific quantities during the term of the agreement. Quantities shown in the eBid Line Items are annual estimates, hypothetical, and/or used to evaluate bid results.
69. Price Agreement
1. Pricing for the initial base year period shall remain fixed.
2. Price changes after the base year period shall be negotiated each renewal period but shall not exceed the most recent available month for the Los Angeles-Long Beach-Anaheim, CA Consumer Price Index (CPI) for All Urban Consumers for non-labor, and Urban Wage earners and Clerical Workers for labor.
3. In the event of future changes in government-mandated wages (e.g., increases in minimum wage or prevailing wage requirements, if applicable) that result in the Contractor’s employees being City of Anaheim Master Agreement
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
paid less than the newly required hourly rate(s), the Contractor may request an adjustment to labor charges to align with the new wage requirements. The City, at its sole discretion, may approve such an adjustment, but is not obligated to do so. Documentation must be provided to support the previous actual hourly rates and the requested adjustment to new rates.
70. Delivery Order (DO)
Delivery Orders (DO): The Contractor may proceed with work only upon receipt of a Delivery Order (“DO”), which authorizes the specific materials or services to be performed under this Master Agreement.
Each DO will be issued by the requesting department and will specify the delivery date, location, and unique Delivery Order Number.
Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date following their respective signatures.
Major League Infields, Inc. CITY OF ANAHEIM, a municipal corporation **signature_196038**
SIGNATURE
FULL NAME
TITLE
**date_signed_196038**
DATE SIGNED
**signature_196040**
SIGNATURE
Ed Segura
FULL NAME
Purchasing Agent
TITLE
**date_signed_196040**
DATE SIGNED
ATTEST: APPROVED AS TO FORM:
**signature_196091**
SIGNATURE
THERESA BASS
FULL NAME
CITY CLERK
TITLE
**date_signed_196091**
DATE SIGNED
**signature_196092**
SIGNATURE
BRYN MORLEY
FULL NAME
DEPUTY CITY ATTORNEY
TITLE
**date_signed_196092**
DATE SIGNED
Exhibit A
ATTACHMENT A- SCOPE OF WORK
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
Attachment A- Scope of Work
1.00 Overview of Requirements
A. The City of Anaheim desires the services of a qualified sports field landscape contractor to maintain up to 78 sports fields per Exhibit A-Specifications and Scope of Work. Those locations are located in Table four (4). The maintenance includes everything except for pest control; rodent control and ballfield lighting.
B. Contractor must provide everything necessary at contractor’s expense including, but not limited to all labor, training, materials, tools, equipment, transportation, hauling, dumping, supplies, tariffs, sales taxes and other items needed to perform high quality grounds/landscape maintenance pursuant to the terms defined here in.
C. Contractor must provide all grounds/landscape maintenance at work sites listed herein, including, but not limited to ground cover; removing trash and debris; and other services required to maintain the work sites in a safe, attractive and useable condition.
2.00 Bidder Qualifications
A. License and Certification Requirements
1. Submit a copy of your current valid California Contractor license for the required work. License to be a California C-27 Landscaping Contractor license.
2. Submit a copy of your current valid PWC Registration Number, CA contractor license number and classification(s) in the appropriate places in the bid.
3. Have qualified personnel who have prerequisite knowledge and experience to perform the required work.
4. Have valid Certification(s) as may be required for the specific work.
B. References
1. Submit at least three references for work performed by their company within the past three years in which your company has provided similar maintenance of ball diamond infields & athletic field maintenance services related to project size, contract value, and scope. City reserves the rights to request additional references.
2. Note that any unsatisfactory references or unsatisfactory work performance with the City of Anaheim, on similar work, may eliminate the bidder from further consideration.
C. Minimum Qualifications
1. Bidders who do not meet the Minimum Qualifications will be disqualified.
D. Estimated Bid Value
1. This work is for maintenance and repair, therefore no estimate of the total value of the bid is available.
3.00 Definitions, Acronyms, and Abbreviations
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
A. Acronyms and Abbreviations
The following list is not all-inclusive; there may be additional and specific ones used elsewhere in the RFB.
1. Bid Documents = City documents, forms, exhibits, etc. attached to eBid.
2. Bidder = the prospective or actual bidder, but not awarded.
3. City = City of Anaheim.
4. Contractor = the awarded bidder.
5. CR = City Representative.
6. eBid = electronic bid submitted by bidders on www.anaheim.net/vendorportal.
B. Prevailing Wages
1. California Department of Industrial Relations (DIR) Registration a. Contractor and any subcontractors must be registered and qualified by California Department of Industrial Relations (DIR) in order to bid on, be listed in a bid proposal for, or engage in performance of this contract for a public work; and comply with all DIR requirements related to such registration and qualification to work on public works. b. Contractor and any subcontractors must pay all applicable prevailing wages for this work.
2. Public Works
a. Labor Code § 1720 and § 1771 defines “public works” as construction, alteration, demolition, installation, or repair work (including maintenance), done under contract and paid for in whole, or in part, with public funds.
3. Maintenance Work (CCR § 16000 and § 16001) is defined as:
a. Routine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility (plant, building, structure, ground facility, utility system or any real property) for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired.
Exception 1: Janitorial or custodial services of a routine, recurring or usual nature is excluded.
Exception 2: Protection of the sort provided by guards, watchmen, or usual nature is excluded.
b. Carpentry, electrical, plumbing, glazing, (touchup painting), and other craft work designed to preserve the publicly owned or publicly operated facility in a safe, efficient and continuously usable condition for which it was intended, including repairs, cleaning and other operations on machinery and other equipment permanently attached to the building or realty as fixtures.
c. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems (PCC22002).
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
Exception: Landscape maintenance work by “sheltered workshops” is excluded.
4. Prevailing Wage Threshold
a. City of Anaheim’s public works repair and maintenance contracts valued as $1,000 or greater are subject to the payment of prevailing wages, as established by the State Department of Industrial Relations.
5. Senate Bill 854 compliance (the City is providing notice that) a. No contractor or subcontract may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]
b. No contractor or subcontractor may be awarded a contract for work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
c. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Contractor is required to submit electronic certified payroll to the DIR.
d. The prime contractor shall post all job‑site notices required by applicable regulations, including any notices prescribed pursuant to 8 CCR §16451(d).
6. Eligibility Requirements to bid and perform work on public works project a. Must have Workers Compensation Insurance & Contractors State License Board license if applicable to the trade.
b. Must not have delinquent unpaid wage or penalty assessments. c. Must not be under federal or state debarment.
d. Must not be in prior violation of DIR registration requirement once Master Agreement becomes effective.
C. Other Definitions
1. Functional: performs a particular kind of work as it is intended to perform.
2. Maintain: to keep in an existing state or better, to preserve from failure or decline, to maintain in a healthy and functional condition.
3. Designated Work Areas: Note that the designated work areas are defined on, attachments or tables made hereto, or references herein; these areas include immediately adjacent areas.
4. Table 4 Exhibit A, Section 1.01 Tables:
(E) East District
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
(C) Central District
(NC) North Central District
(W) West District
4.00 Submitting Bid & Post Award
A. Bid Submittal
1. Prospective bidders must submit bids in electronic only format at https://procurement.opengov.com/portal/anaheim
a. Bidders may change or withdraw their bid any time prior to the bid close
2. Failure to provide required documents with bid may cause the bid to be deemed non-responsive.
3. Bid Security – Bid Bond only
a. Bond to be valued at 10% of total bid amount. Each bidder must Bid submit such a bond to be considered for award.
b. Upload with your bid, bid bond including notary and power of attorney pages.
c. City reserves the right to require original bond documents to be submitted under separate cover prior to or following bid deadline.
B. Post Bid Submittals (awarded contractors only)
1. Endorsed Insurance Certificates and Policies: per the Master Agreement Terms and Conditions section within 10 calendar days after award.
2. Anaheim Business License must be in effect prior to any product or services being provided to the City.
3. Labor and Materials Bond AND Performance Bond each equal to 100% of the awarded annual contract value, within 10 calendar days after award and receipt of master agreement (forms attached). NOTE: City may consider the removal of the performance bond requirement after the successful completion of the second year of the initial term of the agreement.
Exhibit A: Specifications and Scope of Work
Contractor is required to provide and perform all of the requirements listed hereunder by the times required at Contractor’s expense. The Contractor must be a firm that specializes in the maintenance of ball diamond infields & sports fields.
1.00 General Terms and Conditions
A. City Provisions
1. Note that the City will provide access to all work areas.
B. Specifications Conflict
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
1. All applicable laws, ordinance, codes, and local building codes shall govern over any drawings, over City of Anaheim written specifications, and referred to specifications.
2. Any issued addendums as part of the bid specification shall govern over its predecessor.
3. Any conflicts between the requirements of the specification, related specifications, addendums, purchase orders, master agreements, or drawings, shall be referred to City for clarification prior to proceeding with any work of the affected equipment or components thereof.
4. City will determine precedence in the event of any conflict or ambiguity.
C. Standard Specifications for Public Works Construction
1. The current edition of the Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications.
2. In the event of any conflict with the above requirement and these specifications, these specifications will govern.
D. Termination
1. If, in the opinion of Anaheim, Contractor fails to perform or provide prompt, efficient service, ANAHEIM shall have the right to terminate or cancel the Agreement upon 30 day written notice, and pay Contractor for the value of actual work satisfactorily performed to the date of termination.
2. ANAHEIM shall have the right to terminate or cancel the Agreement upon 30- day’s written notice without cause and pay Contractor for the value of actual work satisfactorily performed to the date of termination.
3. Contractor shall provide ANAHEIM with 180 days’ written notice prior to Contractor’s termination of this Agreement and shall complete all required work issued by the City during that notice period and for the remaining term as directed by ANAHEIM.”
4. These rights are in addition to any other rights that City may have available.
E. Industry Standards, Legal and Best Practice Requirements
1. Ensure that all equipment, materials, supplies, and work meet or better all applicable manufacturer’s published specifications and industry standards.
2. Do not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices.
3. Be self-informed, abide by, and comply with all, current and applicable, local, county, state, federal or other legal requirements and best practices at all times. In submitting a bid, Contractor acknowledges that they are self-informed regarding all legal requirements.
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
4. Perform all applicable requirements of the work including but not limited to:
landscape maintenance, storage of materials and stockpiling, staging, vehicle and equipment operation and maintenance, material handling and transportation, sidewalk cleaning, etc. in conformance with all applicable Clean Water Act related requirements (commonly known as NPDES regulations).
These requirements include but are not limited to adherence to the following:
a. California Storm Water Quality Association’s Storm Water Best Management Practice Handbook (Construction and Municipal). Pay particular attention to BMP’s that address activities to be performed under this contract, which include but are not limited to the following:
NS-1, NS-2, NS7, and SC-11, SC-30, SC-41, SC-43, SC-70, SC-71, SC-73, SC-74, SC-75. (Contact http://www.cabmphandbooks.com for documents)
b. Anaheim Municipal Code Section 10.09 (in particular, no polluted discharge shall be allowed to reach or shall be washed to the street or storm drain system including the following: sidewalk or street wash-water, landscape materials or related debris, trash or litter, street sweeping debris or water).
c. Other applicable State and Federal Water Quality Regulations.
5. Be responsible and bear all associated costs should any work be performed in contrary to any laws, ordinances, codes, rules, or regulations.
6. Minimize construction-related materials, wastes, spills, or residues to the job site to minimize transport from the site to street, drainage facilities, or adjoining property by wind or runoff.
F. Environmental Requirements
1. Comply with all current applicable local, state, and federal requirements.
2. Transport, store, apply, and dispose of all hazardous materials as required by law.
3. Supply, if necessary, a trash container, for non-hazardous materials only.
4. Take all appropriate measures to fully protect all persons, property, work and adjacent areas that are in, near, or within possible sphere that could be affected by the work before, during, and after work.
5. Remove from the work site and dispose of all spent materials, hazardous materials, debris, and the like according to all applicable legal requirements.
6. Do NOT accumulate waste materials unless City Representative (CR) so authorizes.
7. Do not reuse any removed materials unless CR so authorizes.
G. Noise Pollution and Dust Control
1. Comply with all local sound control and noise level regulations and ordinances.
2. Be especially sensitive when working prior to 7:00 a.m. or after 10:00 p.m.
3. Provide dust control measures when dust is expected to be generated.
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4. Coordinate with CR circumstances requiring special consideration and permits.
H. Safety and Protection
1. Take proactive measures to ensure that all persons, life, property, the environment, air, water, and land are adequately protected at all times from any foreseeable, pending, or immediate threats or dangers.
2. Ensure that all employees and all equipment are always operating in the safest possible ways.
3. Provide all Material Safety Data Sheets (MSDS) for all hazardous materials used in conjunction with this work: Contractor is required to provide a MSDS compliant with California Code of Regulations, Title 8, Section 5194, for each hazardous substance that is provided, used or created as part of the goods or services provided by Contractor to City. The SDS for each substance must be sent to the CR prior to use.
4. Ensure that there are an adequate number of personnel to coordinate all safety concerns.
5. Report, immediately, any and all safety concerns, incidents, or accidents to CR.
I. Security
1. Do not admit any person into the work areas who are not an employee of City, Contractor, or subcontractor.
2. Wear identification at all times, which shall be furnished by Contractor.
J. Delivering and Staging of Equipment and Materials
1. Materials and equipment needed for this project may not be stored on-site.
Public health and safety related to delivered materials is the sole responsibility of Contractor.
2. Remove from City facilities, all materials, tools, and equipment immediately after completion of project.
K. Product specifications
1. General
a. City is interested in protecting the environment, as such; City desires that “green” products be used whenever possible.
TABLE: PRODUCTS, which will be utilized in performance of these requirements. If City has listed items therein, then those products are pre-approved; however, contractor may recommend products that closely match performance characteristics with alternate “green” products.
b. The performance of the work must be done according to the Specifications, the Best Maintenance Practices (BMP), and in a professional and thorough manner.
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2. Substitutions
a. Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of CR.
b. Whenever substitutions are allowed provide product data sheets to CR.
c. Replace any substandard substitutions at Contractor’s sole expense.
L. Operations
1. Supervisor
a. Supervisory personnel (Supervisors) shall have a combination of five years’ experience or education in Ornamental Horticulture, Landscape Architecture, Infield and outfield sport field maintenance or related science.
b. Supervisors shall also possess landscape/grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices. c. Supervisors shall accompany CR on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month.
2. All Contractor Employees
a. Ensure that all contractor employees performing work in conjunction with this project are always courteous, professional, competent, ordering, temperate, non-objectionable; do not cause any undue disturbances; have a well-groomed appearance; and wear
professional well-maintained uniforms and safety vests. b. Replace, immediately, any employees who do not meet the foregoing as may be determined by CR’s sole discretion.
c. CR may require Contractor to remove any employee from work sites at his or her discretion.
3. Workers
a. Provide workers who are fully trained and knowledgeable in all aspects of these requirements.
b. Provide and assign consistent staff to Glover Stadium/Dee Fee Field and Boysen Baseball Stadium who are experienced, and well trained in high quality, professional sport field maintenance.
c. Ensure that all workers, who perform work on this contract, have demonstrable skills appropriate to the required work, which may include any combination of, but not be limited to, the following:
i. Knowledge, experience, skills, and abilities in general labor to ensure all requirements of the Specifications are met at all times.
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ii. General maintenance, minor repairs, and act as liaison with other maintenance personnel and public safety officials. d. Ability to provide clear information to the public.
e. Participate in safety meetings to ensure all regulations and codes are met.
4. Uniforms
a. Furnish and provide all required uniforms at Contractor’s sole expense
b. Ensure that all uniforms are a complete unit and are fitted properly (i.e. no oversized clothing) to each employee.
c. Ensure that those uniforms are well-maintained at all times; cleaned and pressed daily with no rips, tears or permanent stains present. d. Uniforms are to be worn at all times by employees who are performing work in the Designated Work Areas.
5. Equipment
a. Ensure that all contractor vehicles and equipment used in performing work in conjunction with this project are mechanically and operationally sound; have well-maintained exteriors; are clean; have well-organized tool racks; bear Contractor’s company name, which is to be visible on both sides of the vehicle; have current California registrations and licenses.
b. Furnish, provide, and operate, at contractor’s sole expense, all equipment required to perform the work as required per the specifications.
c. Furnish, provide, and operate, at contractor’s sole expense, all communication devices (mobile phones) to the supervisor(s). d. Replace, immediately, any equipment that does not meet the foregoing as may be determined by in CR’s sole discretion. e. Factor all costs of all equipment requirements into the appropriate line items of the price sheets.
6. Work Locations Notifications
a. Notify CR, on a daily basis, when Contractor’s crews will be working within the Designated Work Areas.
b. Make these notifications by telephone, cell phone, e-mail, or by weekly written schedules.
7. Place of Business
a. Maintain an office at a fixed location.
b. Maintain an assigned telephone number to said office, which shall be listed in the telephone directory under Contractor’s personal name or the legal company name,and provide an Email address.
c. Have a capable person employed by Contractor to be responsible for taking the necessary actions regarding all inquiries and complaints
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that may be received from CR and/or private citizens during regular work hours at said office.
M. Work Schedules
1. Perform all work per the agreed maintenance schedule and as required elsewhere in the specifications.
2. Provide a written schedule each Monday of the work to be performed the following week. Contractor will be provided maximum latitude in establishing work schedules that correspond to the manpower requirements and related resources. Contractor will also be provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all work shall be completed, as shown on the weekly schedule provided by CR.
3. Note that failure to notify CR of a change and/or failure to perform tasks during a scheduled week may result in liquidated damages (TABLE: LIQUIDATED DAMAGES) being assessed against Contractor.
4. Note that CR reserves the right to request additional work, inspections, patrols, cleaning and repairs to be performed based upon an agreed-upon schedule.
5. Coordinate schedule changes due to inclement weather or black-out dates, times, and areas.
N. New/Transfer/Renewal Inspection
1. General
a. Tour all designated work areas with CR to review, identify, photograph, map by quadrant location, and document any declining, degrading, or substandard field conditions, and the like for corrective action.
b. Perform the above prior to the start or renewal of the contract and during other scheduled times.
2. Prior to Start of the Contract:
a. Any areas that were identified prior to the start of the contract will be the responsibility of City to cure prior to the onset of the contract or if City so chooses as additional work for the new Contractor. b. Note that any areas not identified in the initial tour that require corrective actions prior to the start of the contract will be the responsibility of and at the expense of Contractor.
3. During and Prior to the End of the Contract:
a. Tour all designated work areas with CR to review the conditions of the designated work areas and to determine Contractor’s compliance with the specifications and to discuss required corrective actions. b. Affect all required remedies to any work deficiencies as soon as practicably possible, but in no event greater than one business day after receipt of notification from City.
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c. Note that the end of contract tour must be conducted at least 60 days prior to the scheduled termination. Contract management administrator and CR must be in attendance.
O. Changes in Work
1. Perform any City-required additional work per the Specifications according to BMP at the prices as quoted in the eBid and at the agreed-upon times.
P. Damage Control
1. Protect materials, products, facilities, utilities, and the like against damage at all times during work performance.
2. Execute repairs, at Contractor’s sole expense, for Contractor-attributed damages within 24 hours or after notified by CR of damage, except utility lines, which shall be repaired the same working day; contractor’s failure to make repairs with time allowance, may cause City to affect repairs and charge back Contractor or deduct from invoices due and the repair costs, plus an administrative charge.
3. Verify and locate any underground systems (i.e. utility lines) and take all reasonable precautions when working in the Designated Work Areas.
4. Contact Underground Alert at least 2 working days prior to digging for line locations. Provide Dig Alert ticket number prior to work commencing. Report any damage or problems immediately to CR. If Contractor discovers something unexpected or a unique problem occurs, work shall stop and immediately contact CR for a timely resolution of the problem.
5. Do not perform any work upon private property without the consent of the property owner and CR.
6. Execute repairs on private property in accordance with the appropriate building code under permits issued by City of Anaheim.
Q. Traffic Control
1. Perform all work, as required, according to most current WATCH manual.
2. Maintain clear ingress and egress areas, sidewalks, vehicle travel lanes, driveways, etc. at all times unless the immediate work prohibits such clearance.
3. Do NOT have any traffic delineation and do NOT close any traffic lanes between the hours of 7:00 a.m. and 7:00 p.m. without prior authorization by CR.
R. Public Relations
1. Provide courteous interactions, directions, information, and referrals to all visitors, property owners, Police Officers, other City employees, or related agencies within the Designated Work Areas.
2. Note that all Contractor personnel must speak English sufficiently well enough to be able to interact verbally with all persons with whom they may come in contact in performing the requirements of these Specifications.
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S. Public Nuisances
1. Report, immediately to CR, any public nuisances, undesirable and illegal behavior.
2. Cooperate fully with all authorities regarding any investigations of the preceding activities.
3. Submit a complete written report to CR by the next business day.
T. Hazardous & Non-Hazardous Material Spills
1. Report, immediately to CR, any suspected or known hazardous and nonhazardous spills.
2. Submit completed report to CR by the next business day.
U. Audit Requirements
1. City reserves the right to periodically inspect and audit Contractor’s accounting procedures and supporting documentation in conjunction with the performance of the Specifications.
2. City will notify Contractor in writing of any such requested audit.
3. City will inspect and audit in a reasonable manner and at City’s expense.
4. Contractor must fully cooperate with any such audit(s).
5. City will notify Contractor in writing of any exception taken as a result of an audit.
6. If an audit, in accordance with this article, discloses overcharges (of any nature) by Contractor to City of the value of that portion of the Agreement that was audited, the actual cost of City’s audit shall be reimbursed to City by Contractor.
V. Reports
1. General
a. Ensure that all reports are submitted in the time required, in the method required, and on the forms required.
b. Include any pertinent information or backup documentation with your reports.
c. Ensure that all reports are submitted prior to submission of the monthly invoice; otherwise, payment will be withheld and liquidated damages (TABLE: LIQUIDATED DAMAGES) may apply.
2. Immediately
a. General: Report, immediately, verbally and or in writing as soon as practically possible taking safety, public nuisances and business interactions into consideration; especially concerning issues that may require immediate action to avoid potential escalation. If possible, take photos of the observation or interaction and attach to email, text, and written reports. This includes adjacent areas to the Designated Work Areas.
b. Safety, Injury, or Damage: any impending, occurring, or potential hazards, incidents, or accidents that have harmed, are harming, or
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could likely harm persons, animals, plants, property, environment, or the like.
c. Public Nuisances: any observations of any public nuisances. d. Business Interactions: any interactions with business owners and or persons.
e. Work Performance Delays: any interruptions, obstacles, or occurrences that are, could potentially delay, or prevent work from being performed within the prescribed times.
f. Repair or Maintenance: any unscheduled repairs or unscheduled maintenance that is or could potentially cause degradation in the functionality or appearance of the observed item or area.
3. Daily
A) General: Report daily, which means the next calendar day, within 24 hours or less.
Note that these daily reports will help ensure that Contractor is not only performing to the Specifications, but is designed to help reduce or avoid liquidated damages (TABLE: LIQUIDATED DAMAGES).
B) Follow up Activities: all action items from the above section, which may have been verbally reported, but a written report was not possible at the time; and all action items as required by CR.
C) Work Activities: Completed and In-Process: all work that was actually completed and all work that is in progress, but has not yet been completed.
D) Work Activities: Pending: all work that is pending, which has yet to begin, but would be occurring the next day or before the next cycle is scheduled to begin.
4. Weekly
a. Due: Monday of every week.
b. Minutes: include any required or pending action items from the weekly coordination meeting.
c. Contents: Ensure the report contains all required and approved content, which may include, but not limited to: description of work completed; materials used; defects found; results of
patrol/observation and inspections; description of actual inspection, observation, repair and/or maintenance of landscaping, hardscaping, graffiti; observations of safety issues, potential hazards, public nuisances, and minutes (notes) from any City-required meeting (maintenance project meetings, field reviews, etc.)
5. Monthly
a. Due: The third Thursday of every month.
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b. Contents: Ensure that tailgate safety meetings are documented and maintained for the duration of this contract. Copies of tailgate safety meeting minutes are to be submitted with the monthly invoice.
Include a summary of Weekly activity and pertinent notations.
6. Annually
A) Due: In conjunction with first monthly meeting after yearly renewal period.
B) Contents: Ensure that a summary of all weekly reports are included.
Include a summary of Monthly and Quarterly activity including any pertinent notations.
W. Meetings
1. General
a. Ensure that all meetings are documented and a corresponding action list is generated, initiated, and completed by the time required. b. Are submitted in the time required, in the method required, and on the forms required.
2. As-needed
a. Purpose: to address immediate issues regarding: Safety, Injury, or Damage; Public Nuisances; Business Interactions; Work
Performance Delays; Repair or Maintenance issues; and other issues of immediate concern.
b. Held on: as needed.
c. Location: work site or at City offices as appropriate. d. Attendees: Contractor Supervisor and or Contractor Management Representative as appropriate to the nature of the meeting.
3. Weekly
a. Purpose: to address issues regarding: Follow up Activities; Work Activities: Completed and In-Process; Work Activities: Pending; Scheduling; and other issues.
b. Held on: Monday of every week or determined by contractor and CR. c. Location: City office or specified site locations.
d. Attendees: Contractor Supervisor must attend all weekly coordination meetings.
4. Monthly
a. Purpose: to address issues regarding: upcoming events, scheduling; and other issues. Review summary sheet of submitted reports. b. Held on: Third Thursday of every month.
c. Location: City offices or specified site locations.
d. Attendees: Contractor Management Representative and Contract Supervisor shall attend monthly operational meetings with City management team.
5. Annually
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a. Purpose: to address issues regarding: Renewal, Scheduling, and other issues.
b. Held on: in conjunction with first monthly meeting after yearly renewal period.
c. Location: City offices.
d. Attendees: Contractor Management Representative and Contract Supervisor shall attend annual operational meetings with CR.
X. Subcontractors
1. The majority of the work as required herein and at the time the work is requested must be done by the awarded Contractor.
2. The work may not be subcontracted or sublet to another contractor unless the contractor has been listed on the Subcontractor List and approved by the CR or a substitution of that contractor has been approved by CR in advance of any scheduled or actual work.
Y. Unsatisfactory Work
1. Note that payments will NOT be made for any unsatisfactory work until the work deficiencies have been fully corrected.
2. Note that City may exercise the following measures should Contractor fail to correct any deficiencies within 5 calendar days of notification:
a. Deduct amounts from Contractor’s payment to correct deficiency. b. Utilize City forces or an alternate source to correct deficiency and deduct from Contractor’s payment the total cost, including City overhead.
Z. Response Times
1. Rush: 24-hour response for anything that is or could cause moderate cost or loss, but not an immediate threat of loss to life or property. This response time also includes damages caused directly by Contractor or subcontractor and or through Contractor or subcontractor negligence.
2. Routine: 72-hour response for anything that needs attention prior to the next maintenance cycle, but has no immediate cost or threat of loss.
3. Turf Material Replacements: 5 business day response to remove and replace or add as directed by CR.
5. Failure by Contractor to respond within the above response times is subject to liquidated damages per TABLE: LIQUIDATED DAMAGES.
AA. Liquidated Damages
2. Fines will be deducted from the invoice that covered the time period in which the deficiencies occurred. If these deficiencies carry over into the following month(s), these fines will carry over and be deducted as necessary.
3. Liquidated damages will be assessed per Designated Work Area (TABLE:
Designated Work Areas)
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4. Note that force majeure applies only when delays are clearly beyond the control of or could not have been anticipated by Contractor. City will grant an extension in time equivalent to the exact number of working days that were caused by the force majeure incident(s).
5. Agree to liquidated damages for exact number of working days when delays are within the control or could have been anticipated by Contractor.
6. To ensure that Contractor performs all of the required work and by the time required per Specifications and since City cannot accurately determine the exact amount of a given deficiency, City will assess liquidated damages (TABLE:
LIQUIDATED DAMAGES) for all work performance deficiencies.
7. City will notify Contractor both verbally and in writing each time service requirements are unsatisfactory and corrective action is necessary. Should Contractor fail to correct any deficiencies within the given correction and/or grace period, City may exercise the following measures:
a. Deduct from Contractor’s payment the amount necessary to correct the deficiency.
b. Withhold payment.
c. Utilize City forces or an alternate source, to correct the deficiency and deduct from Contractor’s payment the total cost.
8. The above amounts are cumulative, for example: Meetings attendance; should contractor fail to meet for four weeks and the monthly meeting, then Contractor would be assessed four weekly violations of $250.00 each occurrence for $1,000.00 and for one monthly violation of $250.00 for each occurrence for a total of $1,250.00.
9. City has the sole right to waive any liquidated damages (TABLE:
LIQUIDATED DAMAGES) without regards to any and all precedents wherein City may have waived past violations.
10. After second recurring violation contractor shall meet with City Management representative to discuss deficiency issues and a subsequent correction notice will be issued; additional liquidated damages (TABLE: LIQUIDATED DAMAGES) may apply.
11. After third recurring violation contractor shall meet with City Management and City of Anaheim Representative(s) to discuss violations and remedies including additional liquidated damages (TABLE: LIQUIDATED DAMAGES), suspension or termination of contract for failure to meet contract obligations.
1.01 Tables
Table 1: Holidays (Holiday work allowed by City is not subject to premium rates).
LN DATE EVENT
1 January 1 New Year’s Day
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2 Third Monday in January Martin Luther King’s Birthday 3 Third Monday in February President’s Day
4 Last Monday in May Memorial Day
5 July 4 Independence Day
6 First Monday in September Labor Day
7 November 11 Veteran’s Day
8 Fourth Thursday (Nov) Thanksgiving Day
9 Friday After Thanksgiving
10 December 25 Christmas Day
Table 2: Liquidated Damages
LN VIOLATION AMOUNT
1 Rush response: within 24-hours $250.00 per occurrence 2 Routine response: within 72-hours $100.00 per occurrence 3 Turf Material Replacements: within 1-week $500.00 per occurrence 4 Delivery of substandard products $250.00 per occurrence 5 Safety or Environmental violation $250.00 per occurrence 6 Damages violation $500.00 per occurrence
7 Missed or Late Schedules/Reports/Work $100.00 per occurrence Table 3: Products (Substitutions of these items require CR approval before use).
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LN MANUFACTURER PART NO DESCRIPTION
1 Pros Choice Easy Mound Packing Clay
2 Corona Clay Angels Mix Infield Mix
3 Stabilizer Solutions Warning Track Mix Warning Track
4 Turface Pro League Elite (Natural) Infield Topdressing 5 Turface MVP (Natural) Infield Topdressing
5 Pros Choice Infield Conditioner
(SELECT)
Infield Topdressing
Table 4: Service Area
Anaheim Parks Fields List
Section Park Address Baseball Softball Soccer
East
Anaheim Hills
Elemantary 6450 E. Serrano Ave 2 0 1
East Canyon Rim 7305 E Canyon Rim Road 0 1 1
East Eucalyptus 100 N. Quintana Drive 0 1 1
East Imperial 450 S Imperial Highway 0 0 1
East Peralta 115 N. Pinney Drive 0 3 2
East Riverdale 4545 E. Riverdale Avenue 0 1 1
East
Ronald
Reagan 945 S. Weir Canyon Road 0 2 2
East Sycamore 8268 E Monte Vista Road 0 1 0
East Yorba 7400 E. La Palma Avenue 0 3 2
Central Boysen 951 S State College Boulevard 1 1 2
Central Edison 1145 N Baxter Street 0 1 1
Central Juarez 841 S Sunkist Street 0 1 0
Central Lincoln 1535 E. Broadway Avenue 0 1 1
Central Pioneer 2565 E. Underhill Avenue 0 1 1
Central Ponderosa 2100 S Haster Street 0 1 1
Central Rio Vista 201 N. Park Vista Street 0 3 1
6 Pioneer Athletics PVIP Athletic Field Marking Paint
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North
Central Betsy Ross 1280 W. Santa Ana Street 0 0 1
North
Central John Marshall 2001 W La Palma Avenue 0 2 1
North
Central La Palma Park 1151 N. La Palma Parkway 1 0 1
North
Central Manzanita 1260 N. Riviera Street 0 0 1
North
Central Pearson 400 N. Harbor Boulevard 0 1 1
North
Central Sage 1313 W. Lido Place 1 1 0
West Barton 800 S. Agate Street 0 1 1
West Brookhurst 2271 W Crescent Street 1 2 0
West Chaparral 1770 W Broadway Avenue 0 1 1
West Delphi 1211 N Magnolia Ave 2 0 0
West Maxwell 2655 W Orange Avenue 0 2 2
West Modjeska 1331 S Nutwood Street 0 1 2
West Peter Marshall 801 N Magnolia Avenue 0 0 1
West Schweitzer 238 S Belair Street 0 1 1
West Stoddard 1901 S. Ninth Street 0 1 1
West Twila Reid 3100 W Orange Avenue 0 1 1
West Willow 1625 W. Crone Avenue 0 1 1
Total: 8 36 34
Scope of Work: Ball Diamond Infield Maintenance Requirements A Scope of Services
A.1 All infield and associated turf maintenance tasks described in this section shall be performed only as Extra Work and only when expressly authorized by the City Representative (CR).
A.2 For purposes of Extra Work, the infield includes the skinned infield surface, sport turf within the infield arc, infield-side foul territory, and a minimum of 36 inches beyond all turf-to-skin transition areas.
A.3 Outfield foul lines, perimeter markings, and athletic field layouts shall only be performed when authorized by the CR as Extra Work.
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A.4 All edging, verticutting, mowing, or similar turf-management tasks shall be completed only as Extra Work when directed by the CR.
A.5 All field layouts at Glover Stadium, Brookhurst Park, Boysen Park, or any other designated facility shall be performed solely as Extra Work. Projected annual quantities do not establish any minimum service requirement.
A.6 Specialty subcontractors may be utilized for Extra Work only when pre-approved by the CR.
A.7 All tasks described within this section represent Extra Work only and do not establish recurring, base, or routine maintenance obligations.
A.8 When Extra Work is authorized, all tasks shall be performed in accordance with SFMA (Sports Field Management Association) best practices and these specifications.
B. Daily Field Preparation Requirements (Extra Work Only) B.1 All daily field preparation tasks shall be performed only when explicitly authorized by the CR.
When authorized, such work may include removal of litter, glass, hazardous debris, and cleaning and preparing the skinned infield and dugout areas. Patching, repair, and tamping may be performed only when authorized and may include repair of batter’s boxes, catcher’s boxes, mound landings, and areas surrounding bases. Provide consistent, high‑visibility field markings for baseball, softball, football, and soccer facilities using standardized line widths.
B2 Outfield foul lines, perimeter markings, and athletic field layouts shall be as followed:
a. Baseball: All gameplay and boundary lines shall be painted at 4 inches in width.Softball:
All gameplay and boundary lines shall be painted at 4 inches in width. b. Football: All required field markings (sidelines, hash marks, goal lines, end lines, numbers, yard lines) shall be painted at 4 inches in width. c. Soccer: All field markings shall be painted at 5 inches in width, maintaining uniform width across all lines.
B.3 Patching, repair, and tamping may be performed only when authorized and may include repair of batter’s boxes, catcher’s boxes, mound landings, and areas surrounding bases.
B.4 Infield dragging shall be performed only when authorized by the CR and may include predrag watering or plug cleaning, hand dragging of restricted areas, and machine dragging using CR-approved patterns.
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B.5 Watering of infield areas or bullpens shall only be performed when expressly directed by the CR.
B.6 Inspection, cleaning, removal, or installation of bases, pegs, plates, and rubbers shall be performed only when authorized by the CR.
B.7 Sweeping activities shall be performed only when authorized by the CR and shall include sweeping of home plate, mounds, base areas, dugouts, and adjacent hardscape.
C. Dragging Requirements (Extra Work Only)
C.1 Pre-drag activities shall be performed only when authorized by the CR.
C.2 Hand dragging of restricted or sensitive areas shall be performed only when directed and using CR-approved tools.
C.3 Machine dragging shall only be performed when authorized by the CR using CR-approved methods.
C.4 Hand grooming of the turf-skin edge shall be performed only when authorized.
D. Watering Standards (Extra Work Only)
D.1 All watering of infield surfaces, clay areas, bullpens, or warning tracks shall be performed only when directed by the CR.
D.2 When authorized, Contractor shall apply water at the rates, depths, and methods specified by the CR.
E. Bases (Extra Work Only)
E.1 All base-related tasks shall be performed only when authorized by the CR.
F. Sweeping Requirements (Extra Work Only)
F.1 All sweeping, dust removal, and turf-edge cleanup shall be completed only when authorized by the CR.
G. Additional Daily Requirements (Extra Work Only)
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G.1 All field painting, marking, or athletic layout work shall be performed only when authorized by the CR.
G.2 Correction of flooded or saturated infield conditions shall be performed only when authorized by the CR.
G.3 Re-conditioning of wet infield areas using CR-approved drying agents shall be performed only when directed by the CR.
H. Weekly Maintenance Requirements (Extra Work Only)
H.1 No weekly or recurring maintenance is included under this contract.
H.2 Weekly tasks may include redistribution of migrated infield material or brick dust and nail dragging.
H.3 Any observed safety concerns shall be reported to the CR.
H.4 Patching, repair, and tamping may be performed only when authorized and may include repair of batter’s boxes, catcher’s boxes, mound landings, and areas surrounding bases.
H.5 Infield dragging shall be performed only when authorized by the CR and may include predrag watering or plug cleaning, hand dragging of restricted areas, and machine dragging using CR-approved patterns.
H.6 Watering of infield areas or bullpens shall only be performed when expressly directed by the CR.
H.7 Inspection, cleaning, removal, or installation of bases, pegs, plates, and rubbers shall be performed only when authorized by the CR.
H.8 Sweeping activities shall be performed only when authorized by the CR and shall include sweeping of home plate, mounds, base areas, dugouts, and adjacent hardscape.
H.9 Dragging Requirements (Extra Work Only)
H.10 Pre-drag activities shall be performed only when authorized by the CR.
H.11 Hand dragging of restricted or sensitive areas shall be performed only when directed and using CR-approved tools.
H.12 Machine dragging shall only be performed when authorized by the CR using CR-approved methods.
H.13 Hand grooming of the turf-skin edge shall be performed only when authorized.
H.14 Watering Standards (Extra Work Only)
H.15 All watering of infield surfaces, clay areas, bullpens, or warning tracks shall be performed only when directed by the CR.
H.16 When authorized, Contractor shall apply water at the rates, depths, and methods specified by the CR.
H.17 Pitcher’s mound repair, and maintenance shall be performed only when specifically authorized by the CR.
I. Biannual Lip Management (Extra Work Only)
I.1 All lip management, turf-edge correction, scalping, aerification, verticutting, and surface restoration shall be performed only as Extra Work and only at the CR’s direction.
J. Specialized Tasks (Extra Work Only)
J.1 Pitcher’s mound construction, repair, and maintenance shall be performed only when specifically authorized by the CR.
J.2 All athletic field layouts shall be performed exclusively as Extra Work.
K. Turf Material Requirements (Extra Work Only)
K.1 Turf loss shall only be reported when discovered during authorized Extra Work.
K.2 Contractor shall repair any turf damage directly caused by Contractor activities during authorized Extra Work.
L. Inclement Weather Performance
L.1 Contractor shall adjust staffing to complete all tasks not prevented by weather.
L.2 All tasks missed due to weather must be completed as soon as conditions allow.
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M. Required Reporting (Extra Work Only)
M.1 Contractor shall provide schedules or documentation only for authorized Extra Work.
M.2 No recurring weekly schedules, inspections, or annual plans are required unless requested by the CR.
N Renovations (Extra Work Only)
N.1 All renovation activities shall be performed exclusively as Extra Work when authorized by the CR.
N.2 Laser grading of infields shall be performed exclusively as Extra Work and only when directed by the CR.
N.2.1 Laser grading requires 25 tons of infield mix per field N.3 Install & till infield conditioner requirements:
N.3.1 Usage Rates for Infield Renovation:
1.Regulation field- 12 Tons (480 Bags)
2.Softball field 10 Tons (400 Bags)
3.Little League 5 Tons (200 Bags)
4.Warning Track & Bullpen areas- CR will request as needed Exhibit B
ATTACHMENT B- PRICING
City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
Attachment B- Pricing
1. Compensation: This is a fixed fee Contract between City and Contractor for Athletic Field Maintenance Services 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 execution 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.
Line
# Description
Unit of
Measure Unit Cost
1 AS-NEEDED LABOR: Softball Infield/Outfield
Preparation & Striping and Field Preparation EACH $65.00 2 AS-NEEDED LABOR: Baseball Infield/Outfield
Preparation & Striping (Brookhurst
Field;Boysen Field) EACH $180.00
3 AS-NEEDED LABOR: Baseball Infield/Outfield
Preparation & Striping (Dee Fee Field) EACH $200.00
4 AS-NEEDED LABOR: Little League
Infield/Outfield Preparation & Striping (Delphi,
La Entrada, Anaheim Hills Field) EACH $70.00
5 AS-NEEDED LABOR: Weekly Work
Requirements (Softball Fields) EACH $60.00
6 AS-NEEDED LABOR: Weekly Work
Requirements (Brookhurst Field; Boysen Field) EACH $150.00 City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
7 AS-NEEDED LABOR: Weekly Work
Requirements (Dee Fee/Glover) EACH $180.00
8 AS-NEEDED LABOR: Weekly Work
Requirements (Delphi; La Entrada; Anaheim
Hills Field) EACH $70.00
9 AS-NEEDED LABOR: Bi-Annual Lip Management
Work Requirements (Softball Fields) EACH $180.00
10 AS-NEEDED LABOR: Bi-Annual Lip Management
Work Requirements (Brookhurst; Boysen) EACH $360.00
11 AS-NEEDED LABOR: Bi-Annual Lip
Management Work Requirements (Dee
Fee/Glover) EACH $360.00
12 AS-NEEDED LABOR: Bi-Annual Lip Management
Work Requirements (Delphi; La Entrada;
Anaheim Hills Elementary EACH $240.00
13 AS-NEEDED LABOR: Infield/Outfield Prep
Delphi; La Entrada; (Football) EACH $360.00
14 AS-NEEDED LABOR: Infield/Outfield Prep
Delphi; La Entrada (Soccer) EACH $360.00
15 AS-NEEDED LABOR: Soccer Outfield Prep
(Brookhurst; Boysen; Glover) EACH $600.00
16 AS-NEEDED LABOR: Soccer Field Striping
Layout (Recreational Parks) EACH $480.00
17 AS-NEEDED LABOR: Football Prep & Striping
(Brookhurst Field; Glover) EACH $750.00
18 AS-NEEDED LABOR: Football Field Layout
(Recreational Parks) EACH $480.00
19 TURF RENOVATION: Interseeded (Royal TXD –
Disc/Drill) SQFT $.50
20 TURF RENOVATION: Overseeded (Royal TXD -
Broadcast) SQFT $.40
21 TURF RENOVATION: Interseeded (Lesco Eagle
Blend – Disc/Drill) SQFT $.40
City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
22 TURF RENOVATION: Overseeded (Lesco Eagle
Blend- Broadcast) SQFT $.35
23 TURF RENOVATION: Interseeded (Grand Slam
Disc/Drill) SQFT $.40
24 TURF RENOVATION: Overseeded (Grand Slam
Broadcast) SQFT $.35
25 Mowing with walk-behind reel SQFT $.10
26 Install & laser grade infield mix (Brookhurst;
Boysen) EACH $4,000.00
27 Install & laser grade infield mix (Dee Fee) EACH $4,000.00 28 Install & laser grade infield mix (Softball) EACH $4,000.00 29 Install & laser grade infield mix (Delphi; La
Entrada; Anaheim Hills) EACH $4,000.00
30 laser grade turf SQFT $.04
31 Install & till infield conditioner (Brookhurst,
Boysen, Dee Fee) EACH $14,400.00
32 Install & till infield conditioner (Softball) EACH $12,000.00 33 Install & till infield conditioner (Delphi; La
Entrada; Anaheim Hills) EACH $6,000.00
34 Install & till infield conditioner (Delphi; La
Entrada; Anaheim Hills) EACH $6,000.00
35 Repair/Correct flooded fields (Brookhurst;
Boysen; Dee Fee/Glover) HOUR $35.00
36 Repair/Correct flooded fields (Recreation
Parks) HOUR $35.00
37 Install/remove plastic home run fences LF $.10
38 Scarify & level infield (Brookhurst; Boysen; Dee
Fee) EACH $600.00
39 Scarify & level infield (Softball) EACH $600.00
40 Scarify & level infield (Delphi; La Entrada;
Anaheim Hills) EACH $400.00
41 Rebuild/Remove/Install pitchers mound
(Brookhurst, Boysen, Dee Fee) EACH $4,500.00
City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
42 Rebuild/Remove/Install pitchers circle
(Softball) EACH $400.00
43 Rebuild/Remove/Install pitchers mound
(Delphi; La Entrada; Anaheim Hills) EACH $1,200.00
44 Rebuild/Remove/Install home plate halo
(Brookhurst; Boysen; Dee Fee) EACH $400.00
45 Rebuild/Remove/Install home plate halo
(Softball) EACH $400.00
46 Rebuild/Remove/Install home plate halo
(Delphi; La Entrada; Anaheim Hills) EACH $400.00
47 Remove/install home plate EACH $60.00
48 Replace any plate EACH $60.00
49 Replace base peg EACH $60.00
50 Replace pitching rubber EACH $60.00
51 Edging with gas edger LF $.10
52 Turf renovation: mow to 1/4" & verticut SQFT $.05
53 Turf renovation: Sod Tahoma 31 SQFT $4.50
54 Turf renovation: Sod Tahoma 31 (Big roll) SQFT $4.00 55 Infield Mix: Corona Clay Ton $118.22
56 Infield Conditioner: Pro's Choice Ton $859.20
57 Infield Conditioner: Turface Ton $1,036.23
58 Packing Clay: Pro's Choice Ease Mound Ton $882.80
59 LABOR, REGULAR TIME: additional as needed
labor, fully loaded including but not limited to
all applicable prevailing wage labor,
consumables, tools, equipment, tarriffs,
disposal, sales tax, etc. HOUR $35.00
60 LABOR, OVERTIME: additional as needed labor,
fully loaded including but not limited to all
applicable prevailing wage labor,
consumables, tools, equipment, tarriffs,
disposal, sales tax, etc. HOUR $52.00
City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
61 LABOR, DOUBLETIME: additional as needed
labor, fully loaded including but not limited to
all applicable prevailing wage labor,
consumables, tools, equipment, tarriffs,
disposal, sales tax, etc. HOUR $70.00
62 MATERIALS FIXED PERCENTAGE MARKUP:
CONTRACTOR'S COST PLUS A FIXED
PERCENTAGE MARKUP FOR ADDITIONAL ASNEEDED MATERIAL (FOR MATERIAL OUTSIDE OF THE SCOPE OF WORK). CONTRACTOR MUST
RECEIVE APPROVAL FROM CR BEFORE
PROCEEDING. PERCENTAGE 15.00%
63 SUBCONTRACTORS FIXED PERCENTAGE
MARKUP: CONTRACTOR'S COST PLUS A FIXED
PERCENTAGE MARKUP FOR ADDITIONAL ASNEEDED SUBCONTRACTING. CONTRACTOR
MUST RECEIVE APPROVAL FROM CR BEFORE
PROCEEDING. PERCENTAGE 10.00%
64 RENTAL EQUIPMENT FIXED PERCENTAGE
MARKUP: CONTRACTOR'S COST PLUS A FIXED
PERCENTAGE MARKUP FOR ADDITIONAL ASNEEDED RENTAL EQUIPMENT (FOR RENTAL
EQUIPMENT OUTSIDE OF THE SCOPE OF
WORK). CONTRACTOR MUST RECEIVE
APPROVAL FROM CR BEFORE PROCEEDING. PERCENTAGE 10.00%
3. Contract Not-to-Exceed (NTE): $215,912.00 annually, plus applicable CPI- based increases available at renewal.
4. Pricing Structure:
a) Pricing for the initial base year period shall remain fixed. b) Price changes after the base year period shall be negotiated each renewal period but shall not exceed the most recent available month for the Los Angeles-Long BeachAnaheim, CA Consumer Price Index (CPI) for All Urban Consumers for non-labor, and Urban Wage earners and Clerical Workers for labor.
City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
c) In the event of future changes in government-mandated wages (e.g., increases in minimum wage or prevailing wage requirements, if applicable) that result in the Contractor’s employees being paid less than the newly required hourly rate(s), the Contractor may request an adjustment to labor charges to align with the new wage requirements. The City, at its sole discretion, may approve such an adjustment, but is not obligated to do so. Documentation must be provided to support the previous actual hourly rates and the requested adjustment to new rates.
5. Quantities: City makes no commitment of any specific quantity during the term of the agreement.
6. Delivery Order: The Contractor may proceed with work only upon issuance of a Delivery Order (“DO”), which authorizes the specific materials or services to be performed under this Master Agreement. Each DO will be issued by the requesting department and will specify the delivery date, location, and unique Delivery Order Number.
7. Payment Terms – Payment in Arrears: Invoices are to be submitted in arrears to the user agency/department to the ship-to address, unless otherwise directed in this Contract.
Contractor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to City of Anaheim and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with Contractor. 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.
8. 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.
9. Payment – Invoicing Instructions: Contractor will provide an invoice on Contractor’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 number and will include the following information:
a. Contractor’s name and address
b. Contractor’s remittance address, if different from one above City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
c. Contractor’s Taxpayer ID Number
d. Name of City Agency/Department
e. Delivery Order Number (DO)
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
City of Anaheim Master Agreement
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
MASTER AGREEMENT
CONTRACT NUMBER 106- 499299
BETWEEN
CITY OF ANAHEIM
AND
Major League Infields, Inc.
FOR
ATHLETIC FIELD MAINTENANCE SERVICES
This Master Agreement MA# 106- 499299 for ATHLETIC FIELD MAINTENANCE SERVICES (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 Major League Infields, Inc. 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 Community Services/ Parks Division, issued a competitive solicitation, Invitation For Bids (IFB) 26-27-02 on 7/2/2026, for ATHLETIC FIELD MAINTENANCE SERVICES; and
WHEREAS, the Contractor responded to 26-27-02 for ATHLETIC FIELD MAINTENANCE SERVICES and represented that its proposed services shall meet or exceed the requirements of the Invitation For Bids (IFB); and
WHEREAS, the City desires to enter into Contract Master Agreement 106- 499299 for ATHLETIC FIELD MAINTENANCE SERVICES with the Contractor as further set forth in this Contract including City of Anaheim Master Agreement
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
its Attachments effective on the date of execution for a term of one year unless earlier terminated by the City, and with the City having the option to renew for up to four additional one-year periods, for an annual not-to-exceed amount of $215,912.00, plus annual renewal increases limited to the change in the applicable Consumer Price Index (CPI); and,
WHEREAS, the Contractor agrees to provide ATHLETIC FIELD MAINTENANCE SERVICES 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 restrictions, 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, substitutes 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 to 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 conform 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 payment 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 considered 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 under 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 commodities/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, shall 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 be 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 Insurance: 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 insurance 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 nonpayment of premium, which requires notice of not less than ten (10) days.
Each insurance 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 Manager 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 is 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 obligated 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 establishing 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 Contract 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 sophisticated 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 encouraged 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 rule 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 verification 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, officers, 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, representatives, 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 books, 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 inspection. 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 records 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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, City 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 general 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 Department 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 fixed 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 of 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 Industrial 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 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 City of Anaheim Master Agreement
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
subcontractor 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 that 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 classification, 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 that 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 the 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 Contract, 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 day'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 Contract 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 ATHLETIC FIELD MAINTENANCE SERVICES 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 an iniital one-year period, unless earlier terminated by the City. The City has the option to renew the Agreement for up to four additional one-year periods.
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 requirements 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 11135, 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 associated 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 replacement 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 removal 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 accordance 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 and 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 additional 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 installed 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 Agent 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 written 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 faith, 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 terms 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 disaster under the same terms and conditions that apply during nonemergency/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 the 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 submission 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 provisions 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 applicable 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 ATHLETIC FIELD MAINTENANCE SERVICES 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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.
Contractor: Major League Infield, Inc.
Attn: Patrick May, Vice President
508 E Chapman Ave.
Fullerton, CA 92832
Phone: (818) 355-2167
Email: [email protected]
Project Manager: Community Services/ Parks Division
Attn: Steve Ballard
Phone: (714) 765-4462
Email: [email protected]
Assigned Buyer: City of Anaheim/Central Purchasing Office Attn: Ariana Hernandez
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Telephone: (714) 765-4543
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
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
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 provisions 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.
68. Quantities
City makes no commitment of any specific quantities during the term of the agreement. Quantities shown in the eBid Line Items are annual estimates, hypothetical, and/or used to evaluate bid results.
69. Price Agreement
1. Pricing for the initial base year period shall remain fixed.
2. Price changes after the base year period shall be negotiated each renewal period but shall not exceed the most recent available month for the Los Angeles-Long Beach-Anaheim, CA Consumer Price Index (CPI) for All Urban Consumers for non-labor, and Urban Wage earners and Clerical Workers for labor.
3. In the event of future changes in government-mandated wages (e.g., increases in minimum wage or prevailing wage requirements, if applicable) that result in the Contractor’s employees being City of Anaheim Master Agreement
ATHLETIC FIELD MAINTENANCE SERVICES
Major League Infields, Inc.
paid less than the newly required hourly rate(s), the Contractor may request an adjustment to labor charges to align with the new wage requirements. The City, at its sole discretion, may approve such an adjustment, but is not obligated to do so. Documentation must be provided to support the previous actual hourly rates and the requested adjustment to new rates.
70. Delivery Order (DO)
Delivery Orders (DO): The Contractor may proceed with work only upon receipt of a Delivery Order (“DO”), which authorizes the specific materials or services to be performed under this Master Agreement.
Each DO will be issued by the requesting department and will specify the delivery date, location, and unique Delivery Order Number.
Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date following their respective signatures.
Major League Infields, Inc. CITY OF ANAHEIM, a municipal corporation **signature_196038**
SIGNATURE
FULL NAME
TITLE
**date_signed_196038**
DATE SIGNED
**signature_196040**
SIGNATURE
Ed Segura
FULL NAME
Purchasing Agent
TITLE
**date_signed_196040**
DATE SIGNED
ATTEST: APPROVED AS TO FORM:
**signature_196091**
SIGNATURE
THERESA BASS
FULL NAME
CITY CLERK
TITLE
**date_signed_196091**
DATE SIGNED
**signature_196092**
SIGNATURE
BRYN MORLEY
FULL NAME
DEPUTY CITY ATTORNEY
TITLE
**date_signed_196092**
DATE SIGNED
Exhibit A
ATTACHMENT A- SCOPE OF WORK
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
Attachment A- Scope of Work
1.00 Overview of Requirements
A. The City of Anaheim desires the services of a qualified sports field landscape contractor to maintain up to 78 sports fields per Exhibit A-Specifications and Scope of Work. Those locations are located in Table four (4). The maintenance includes everything except for pest control; rodent control and ballfield lighting.
B. Contractor must provide everything necessary at contractor’s expense including, but not limited to all labor, training, materials, tools, equipment, transportation, hauling, dumping, supplies, tariffs, sales taxes and other items needed to perform high quality grounds/landscape maintenance pursuant to the terms defined here in.
C. Contractor must provide all grounds/landscape maintenance at work sites listed herein, including, but not limited to ground cover; removing trash and debris; and other services required to maintain the work sites in a safe, attractive and useable condition.
2.00 Bidder Qualifications
A. License and Certification Requirements
1. Submit a copy of your current valid California Contractor license for the required work. License to be a California C-27 Landscaping Contractor license.
2. Submit a copy of your current valid PWC Registration Number, CA contractor license number and classification(s) in the appropriate places in the bid.
3. Have qualified personnel who have prerequisite knowledge and experience to perform the required work.
4. Have valid Certification(s) as may be required for the specific work.
B. References
1. Submit at least three references for work performed by their company within the past three years in which your company has provided similar maintenance of ball diamond infields & athletic field maintenance services related to project size, contract value, and scope. City reserves the rights to request additional references.
2. Note that any unsatisfactory references or unsatisfactory work performance with the City of Anaheim, on similar work, may eliminate the bidder from further consideration.
C. Minimum Qualifications
1. Bidders who do not meet the Minimum Qualifications will be disqualified.
D. Estimated Bid Value
1. This work is for maintenance and repair, therefore no estimate of the total value of the bid is available.
3.00 Definitions, Acronyms, and Abbreviations
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A. Acronyms and Abbreviations
The following list is not all-inclusive; there may be additional and specific ones used elsewhere in the RFB.
1. Bid Documents = City documents, forms, exhibits, etc. attached to eBid.
2. Bidder = the prospective or actual bidder, but not awarded.
3. City = City of Anaheim.
4. Contractor = the awarded bidder.
5. CR = City Representative.
6. eBid = electronic bid submitted by bidders on www.anaheim.net/vendorportal.
B. Prevailing Wages
1. California Department of Industrial Relations (DIR) Registration a. Contractor and any subcontractors must be registered and qualified by California Department of Industrial Relations (DIR) in order to bid on, be listed in a bid proposal for, or engage in performance of this contract for a public work; and comply with all DIR requirements related to such registration and qualification to work on public works. b. Contractor and any subcontractors must pay all applicable prevailing wages for this work.
2. Public Works
a. Labor Code § 1720 and § 1771 defines “public works” as construction, alteration, demolition, installation, or repair work (including maintenance), done under contract and paid for in whole, or in part, with public funds.
3. Maintenance Work (CCR § 16000 and § 16001) is defined as:
a. Routine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility (plant, building, structure, ground facility, utility system or any real property) for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired.
Exception 1: Janitorial or custodial services of a routine, recurring or usual nature is excluded.
Exception 2: Protection of the sort provided by guards, watchmen, or usual nature is excluded.
b. Carpentry, electrical, plumbing, glazing, (touchup painting), and other craft work designed to preserve the publicly owned or publicly operated facility in a safe, efficient and continuously usable condition for which it was intended, including repairs, cleaning and other operations on machinery and other equipment permanently attached to the building or realty as fixtures.
c. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems (PCC22002).
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Exception: Landscape maintenance work by “sheltered workshops” is excluded.
4. Prevailing Wage Threshold
a. City of Anaheim’s public works repair and maintenance contracts valued as $1,000 or greater are subject to the payment of prevailing wages, as established by the State Department of Industrial Relations.
5. Senate Bill 854 compliance (the City is providing notice that) a. No contractor or subcontract may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]
b. No contractor or subcontractor may be awarded a contract for work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
c. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Contractor is required to submit electronic certified payroll to the DIR.
d. The prime contractor shall post all job‑site notices required by applicable regulations, including any notices prescribed pursuant to 8 CCR §16451(d).
6. Eligibility Requirements to bid and perform work on public works project a. Must have Workers Compensation Insurance & Contractors State License Board license if applicable to the trade.
b. Must not have delinquent unpaid wage or penalty assessments. c. Must not be under federal or state debarment.
d. Must not be in prior violation of DIR registration requirement once Master Agreement becomes effective.
C. Other Definitions
1. Functional: performs a particular kind of work as it is intended to perform.
2. Maintain: to keep in an existing state or better, to preserve from failure or decline, to maintain in a healthy and functional condition.
3. Designated Work Areas: Note that the designated work areas are defined on, attachments or tables made hereto, or references herein; these areas include immediately adjacent areas.
4. Table 4 Exhibit A, Section 1.01 Tables:
(E) East District
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(C) Central District
(NC) North Central District
(W) West District
4.00 Submitting Bid & Post Award
A. Bid Submittal
1. Prospective bidders must submit bids in electronic only format at https://procurement.opengov.com/portal/anaheim
a. Bidders may change or withdraw their bid any time prior to the bid close
2. Failure to provide required documents with bid may cause the bid to be deemed non-responsive.
3. Bid Security – Bid Bond only
a. Bond to be valued at 10% of total bid amount. Each bidder must Bid submit such a bond to be considered for award.
b. Upload with your bid, bid bond including notary and power of attorney pages.
c. City reserves the right to require original bond documents to be submitted under separate cover prior to or following bid deadline.
B. Post Bid Submittals (awarded contractors only)
1. Endorsed Insurance Certificates and Policies: per the Master Agreement Terms and Conditions section within 10 calendar days after award.
2. Anaheim Business License must be in effect prior to any product or services being provided to the City.
3. Labor and Materials Bond AND Performance Bond each equal to 100% of the awarded annual contract value, within 10 calendar days after award and receipt of master agreement (forms attached). NOTE: City may consider the removal of the performance bond requirement after the successful completion of the second year of the initial term of the agreement.
Exhibit A: Specifications and Scope of Work
Contractor is required to provide and perform all of the requirements listed hereunder by the times required at Contractor’s expense. The Contractor must be a firm that specializes in the maintenance of ball diamond infields & sports fields.
1.00 General Terms and Conditions
A. City Provisions
1. Note that the City will provide access to all work areas.
B. Specifications Conflict
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1. All applicable laws, ordinance, codes, and local building codes shall govern over any drawings, over City of Anaheim written specifications, and referred to specifications.
2. Any issued addendums as part of the bid specification shall govern over its predecessor.
3. Any conflicts between the requirements of the specification, related specifications, addendums, purchase orders, master agreements, or drawings, shall be referred to City for clarification prior to proceeding with any work of the affected equipment or components thereof.
4. City will determine precedence in the event of any conflict or ambiguity.
C. Standard Specifications for Public Works Construction
1. The current edition of the Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications.
2. In the event of any conflict with the above requirement and these specifications, these specifications will govern.
D. Termination
1. If, in the opinion of Anaheim, Contractor fails to perform or provide prompt, efficient service, ANAHEIM shall have the right to terminate or cancel the Agreement upon 30 day written notice, and pay Contractor for the value of actual work satisfactorily performed to the date of termination.
2. ANAHEIM shall have the right to terminate or cancel the Agreement upon 30- day’s written notice without cause and pay Contractor for the value of actual work satisfactorily performed to the date of termination.
3. Contractor shall provide ANAHEIM with 180 days’ written notice prior to Contractor’s termination of this Agreement and shall complete all required work issued by the City during that notice period and for the remaining term as directed by ANAHEIM.”
4. These rights are in addition to any other rights that City may have available.
E. Industry Standards, Legal and Best Practice Requirements
1. Ensure that all equipment, materials, supplies, and work meet or better all applicable manufacturer’s published specifications and industry standards.
2. Do not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices.
3. Be self-informed, abide by, and comply with all, current and applicable, local, county, state, federal or other legal requirements and best practices at all times. In submitting a bid, Contractor acknowledges that they are self-informed regarding all legal requirements.
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4. Perform all applicable requirements of the work including but not limited to:
landscape maintenance, storage of materials and stockpiling, staging, vehicle and equipment operation and maintenance, material handling and transportation, sidewalk cleaning, etc. in conformance with all applicable Clean Water Act related requirements (commonly known as NPDES regulations).
These requirements include but are not limited to adherence to the following:
a. California Storm Water Quality Association’s Storm Water Best Management Practice Handbook (Construction and Municipal). Pay particular attention to BMP’s that address activities to be performed under this contract, which include but are not limited to the following:
NS-1, NS-2, NS7, and SC-11, SC-30, SC-41, SC-43, SC-70, SC-71, SC-73, SC-74, SC-75. (Contact http://www.cabmphandbooks.com for documents)
b. Anaheim Municipal Code Section 10.09 (in particular, no polluted discharge shall be allowed to reach or shall be washed to the street or storm drain system including the following: sidewalk or street wash-water, landscape materials or related debris, trash or litter, street sweeping debris or water).
c. Other applicable State and Federal Water Quality Regulations.
5. Be responsible and bear all associated costs should any work be performed in contrary to any laws, ordinances, codes, rules, or regulations.
6. Minimize construction-related materials, wastes, spills, or residues to the job site to minimize transport from the site to street, drainage facilities, or adjoining property by wind or runoff.
F. Environmental Requirements
1. Comply with all current applicable local, state, and federal requirements.
2. Transport, store, apply, and dispose of all hazardous materials as required by law.
3. Supply, if necessary, a trash container, for non-hazardous materials only.
4. Take all appropriate measures to fully protect all persons, property, work and adjacent areas that are in, near, or within possible sphere that could be affected by the work before, during, and after work.
5. Remove from the work site and dispose of all spent materials, hazardous materials, debris, and the like according to all applicable legal requirements.
6. Do NOT accumulate waste materials unless City Representative (CR) so authorizes.
7. Do not reuse any removed materials unless CR so authorizes.
G. Noise Pollution and Dust Control
1. Comply with all local sound control and noise level regulations and ordinances.
2. Be especially sensitive when working prior to 7:00 a.m. or after 10:00 p.m.
3. Provide dust control measures when dust is expected to be generated.
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4. Coordinate with CR circumstances requiring special consideration and permits.
H. Safety and Protection
1. Take proactive measures to ensure that all persons, life, property, the environment, air, water, and land are adequately protected at all times from any foreseeable, pending, or immediate threats or dangers.
2. Ensure that all employees and all equipment are always operating in the safest possible ways.
3. Provide all Material Safety Data Sheets (MSDS) for all hazardous materials used in conjunction with this work: Contractor is required to provide a MSDS compliant with California Code of Regulations, Title 8, Section 5194, for each hazardous substance that is provided, used or created as part of the goods or services provided by Contractor to City. The SDS for each substance must be sent to the CR prior to use.
4. Ensure that there are an adequate number of personnel to coordinate all safety concerns.
5. Report, immediately, any and all safety concerns, incidents, or accidents to CR.
I. Security
1. Do not admit any person into the work areas who are not an employee of City, Contractor, or subcontractor.
2. Wear identification at all times, which shall be furnished by Contractor.
J. Delivering and Staging of Equipment and Materials
1. Materials and equipment needed for this project may not be stored on-site.
Public health and safety related to delivered materials is the sole responsibility of Contractor.
2. Remove from City facilities, all materials, tools, and equipment immediately after completion of project.
K. Product specifications
1. General
a. City is interested in protecting the environment, as such; City desires that “green” products be used whenever possible.
TABLE: PRODUCTS, which will be utilized in performance of these requirements. If City has listed items therein, then those products are pre-approved; however, contractor may recommend products that closely match performance characteristics with alternate “green” products.
b. The performance of the work must be done according to the Specifications, the Best Maintenance Practices (BMP), and in a professional and thorough manner.
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2. Substitutions
a. Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of CR.
b. Whenever substitutions are allowed provide product data sheets to CR.
c. Replace any substandard substitutions at Contractor’s sole expense.
L. Operations
1. Supervisor
a. Supervisory personnel (Supervisors) shall have a combination of five years’ experience or education in Ornamental Horticulture, Landscape Architecture, Infield and outfield sport field maintenance or related science.
b. Supervisors shall also possess landscape/grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices. c. Supervisors shall accompany CR on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month.
2. All Contractor Employees
a. Ensure that all contractor employees performing work in conjunction with this project are always courteous, professional, competent, ordering, temperate, non-objectionable; do not cause any undue disturbances; have a well-groomed appearance; and wear
professional well-maintained uniforms and safety vests. b. Replace, immediately, any employees who do not meet the foregoing as may be determined by CR’s sole discretion.
c. CR may require Contractor to remove any employee from work sites at his or her discretion.
3. Workers
a. Provide workers who are fully trained and knowledgeable in all aspects of these requirements.
b. Provide and assign consistent staff to Glover Stadium/Dee Fee Field and Boysen Baseball Stadium who are experienced, and well trained in high quality, professional sport field maintenance.
c. Ensure that all workers, who perform work on this contract, have demonstrable skills appropriate to the required work, which may include any combination of, but not be limited to, the following:
i. Knowledge, experience, skills, and abilities in general labor to ensure all requirements of the Specifications are met at all times.
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ii. General maintenance, minor repairs, and act as liaison with other maintenance personnel and public safety officials. d. Ability to provide clear information to the public.
e. Participate in safety meetings to ensure all regulations and codes are met.
4. Uniforms
a. Furnish and provide all required uniforms at Contractor’s sole expense
b. Ensure that all uniforms are a complete unit and are fitted properly (i.e. no oversized clothing) to each employee.
c. Ensure that those uniforms are well-maintained at all times; cleaned and pressed daily with no rips, tears or permanent stains present. d. Uniforms are to be worn at all times by employees who are performing work in the Designated Work Areas.
5. Equipment
a. Ensure that all contractor vehicles and equipment used in performing work in conjunction with this project are mechanically and operationally sound; have well-maintained exteriors; are clean; have well-organized tool racks; bear Contractor’s company name, which is to be visible on both sides of the vehicle; have current California registrations and licenses.
b. Furnish, provide, and operate, at contractor’s sole expense, all equipment required to perform the work as required per the specifications.
c. Furnish, provide, and operate, at contractor’s sole expense, all communication devices (mobile phones) to the supervisor(s). d. Replace, immediately, any equipment that does not meet the foregoing as may be determined by in CR’s sole discretion. e. Factor all costs of all equipment requirements into the appropriate line items of the price sheets.
6. Work Locations Notifications
a. Notify CR, on a daily basis, when Contractor’s crews will be working within the Designated Work Areas.
b. Make these notifications by telephone, cell phone, e-mail, or by weekly written schedules.
7. Place of Business
a. Maintain an office at a fixed location.
b. Maintain an assigned telephone number to said office, which shall be listed in the telephone directory under Contractor’s personal name or the legal company name,and provide an Email address.
c. Have a capable person employed by Contractor to be responsible for taking the necessary actions regarding all inquiries and complaints
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that may be received from CR and/or private citizens during regular work hours at said office.
M. Work Schedules
1. Perform all work per the agreed maintenance schedule and as required elsewhere in the specifications.
2. Provide a written schedule each Monday of the work to be performed the following week. Contractor will be provided maximum latitude in establishing work schedules that correspond to the manpower requirements and related resources. Contractor will also be provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all work shall be completed, as shown on the weekly schedule provided by CR.
3. Note that failure to notify CR of a change and/or failure to perform tasks during a scheduled week may result in liquidated damages (TABLE: LIQUIDATED DAMAGES) being assessed against Contractor.
4. Note that CR reserves the right to request additional work, inspections, patrols, cleaning and repairs to be performed based upon an agreed-upon schedule.
5. Coordinate schedule changes due to inclement weather or black-out dates, times, and areas.
N. New/Transfer/Renewal Inspection
1. General
a. Tour all designated work areas with CR to review, identify, photograph, map by quadrant location, and document any declining, degrading, or substandard field conditions, and the like for corrective action.
b. Perform the above prior to the start or renewal of the contract and during other scheduled times.
2. Prior to Start of the Contract:
a. Any areas that were identified prior to the start of the contract will be the responsibility of City to cure prior to the onset of the contract or if City so chooses as additional work for the new Contractor. b. Note that any areas not identified in the initial tour that require corrective actions prior to the start of the contract will be the responsibility of and at the expense of Contractor.
3. During and Prior to the End of the Contract:
a. Tour all designated work areas with CR to review the conditions of the designated work areas and to determine Contractor’s compliance with the specifications and to discuss required corrective actions. b. Affect all required remedies to any work deficiencies as soon as practicably possible, but in no event greater than one business day after receipt of notification from City.
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c. Note that the end of contract tour must be conducted at least 60 days prior to the scheduled termination. Contract management administrator and CR must be in attendance.
O. Changes in Work
1. Perform any City-required additional work per the Specifications according to BMP at the prices as quoted in the eBid and at the agreed-upon times.
P. Damage Control
1. Protect materials, products, facilities, utilities, and the like against damage at all times during work performance.
2. Execute repairs, at Contractor’s sole expense, for Contractor-attributed damages within 24 hours or after notified by CR of damage, except utility lines, which shall be repaired the same working day; contractor’s failure to make repairs with time allowance, may cause City to affect repairs and charge back Contractor or deduct from invoices due and the repair costs, plus an administrative charge.
3. Verify and locate any underground systems (i.e. utility lines) and take all reasonable precautions when working in the Designated Work Areas.
4. Contact Underground Alert at least 2 working days prior to digging for line locations. Provide Dig Alert ticket number prior to work commencing. Report any damage or problems immediately to CR. If Contractor discovers something unexpected or a unique problem occurs, work shall stop and immediately contact CR for a timely resolution of the problem.
5. Do not perform any work upon private property without the consent of the property owner and CR.
6. Execute repairs on private property in accordance with the appropriate building code under permits issued by City of Anaheim.
Q. Traffic Control
1. Perform all work, as required, according to most current WATCH manual.
2. Maintain clear ingress and egress areas, sidewalks, vehicle travel lanes, driveways, etc. at all times unless the immediate work prohibits such clearance.
3. Do NOT have any traffic delineation and do NOT close any traffic lanes between the hours of 7:00 a.m. and 7:00 p.m. without prior authorization by CR.
R. Public Relations
1. Provide courteous interactions, directions, information, and referrals to all visitors, property owners, Police Officers, other City employees, or related agencies within the Designated Work Areas.
2. Note that all Contractor personnel must speak English sufficiently well enough to be able to interact verbally with all persons with whom they may come in contact in performing the requirements of these Specifications.
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S. Public Nuisances
1. Report, immediately to CR, any public nuisances, undesirable and illegal behavior.
2. Cooperate fully with all authorities regarding any investigations of the preceding activities.
3. Submit a complete written report to CR by the next business day.
T. Hazardous & Non-Hazardous Material Spills
1. Report, immediately to CR, any suspected or known hazardous and nonhazardous spills.
2. Submit completed report to CR by the next business day.
U. Audit Requirements
1. City reserves the right to periodically inspect and audit Contractor’s accounting procedures and supporting documentation in conjunction with the performance of the Specifications.
2. City will notify Contractor in writing of any such requested audit.
3. City will inspect and audit in a reasonable manner and at City’s expense.
4. Contractor must fully cooperate with any such audit(s).
5. City will notify Contractor in writing of any exception taken as a result of an audit.
6. If an audit, in accordance with this article, discloses overcharges (of any nature) by Contractor to City of the value of that portion of the Agreement that was audited, the actual cost of City’s audit shall be reimbursed to City by Contractor.
V. Reports
1. General
a. Ensure that all reports are submitted in the time required, in the method required, and on the forms required.
b. Include any pertinent information or backup documentation with your reports.
c. Ensure that all reports are submitted prior to submission of the monthly invoice; otherwise, payment will be withheld and liquidated damages (TABLE: LIQUIDATED DAMAGES) may apply.
2. Immediately
a. General: Report, immediately, verbally and or in writing as soon as practically possible taking safety, public nuisances and business interactions into consideration; especially concerning issues that may require immediate action to avoid potential escalation. If possible, take photos of the observation or interaction and attach to email, text, and written reports. This includes adjacent areas to the Designated Work Areas.
b. Safety, Injury, or Damage: any impending, occurring, or potential hazards, incidents, or accidents that have harmed, are harming, or
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could likely harm persons, animals, plants, property, environment, or the like.
c. Public Nuisances: any observations of any public nuisances. d. Business Interactions: any interactions with business owners and or persons.
e. Work Performance Delays: any interruptions, obstacles, or occurrences that are, could potentially delay, or prevent work from being performed within the prescribed times.
f. Repair or Maintenance: any unscheduled repairs or unscheduled maintenance that is or could potentially cause degradation in the functionality or appearance of the observed item or area.
3. Daily
A) General: Report daily, which means the next calendar day, within 24 hours or less.
Note that these daily reports will help ensure that Contractor is not only performing to the Specifications, but is designed to help reduce or avoid liquidated damages (TABLE: LIQUIDATED DAMAGES).
B) Follow up Activities: all action items from the above section, which may have been verbally reported, but a written report was not possible at the time; and all action items as required by CR.
C) Work Activities: Completed and In-Process: all work that was actually completed and all work that is in progress, but has not yet been completed.
D) Work Activities: Pending: all work that is pending, which has yet to begin, but would be occurring the next day or before the next cycle is scheduled to begin.
4. Weekly
a. Due: Monday of every week.
b. Minutes: include any required or pending action items from the weekly coordination meeting.
c. Contents: Ensure the report contains all required and approved content, which may include, but not limited to: description of work completed; materials used; defects found; results of
patrol/observation and inspections; description of actual inspection, observation, repair and/or maintenance of landscaping, hardscaping, graffiti; observations of safety issues, potential hazards, public nuisances, and minutes (notes) from any City-required meeting (maintenance project meetings, field reviews, etc.)
5. Monthly
a. Due: The third Thursday of every month.
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b. Contents: Ensure that tailgate safety meetings are documented and maintained for the duration of this contract. Copies of tailgate safety meeting minutes are to be submitted with the monthly invoice.
Include a summary of Weekly activity and pertinent notations.
6. Annually
A) Due: In conjunction with first monthly meeting after yearly renewal period.
B) Contents: Ensure that a summary of all weekly reports are included.
Include a summary of Monthly and Quarterly activity including any pertinent notations.
W. Meetings
1. General
a. Ensure that all meetings are documented and a corresponding action list is generated, initiated, and completed by the time required. b. Are submitted in the time required, in the method required, and on the forms required.
2. As-needed
a. Purpose: to address immediate issues regarding: Safety, Injury, or Damage; Public Nuisances; Business Interactions; Work
Performance Delays; Repair or Maintenance issues; and other issues of immediate concern.
b. Held on: as needed.
c. Location: work site or at City offices as appropriate. d. Attendees: Contractor Supervisor and or Contractor Management Representative as appropriate to the nature of the meeting.
3. Weekly
a. Purpose: to address issues regarding: Follow up Activities; Work Activities: Completed and In-Process; Work Activities: Pending; Scheduling; and other issues.
b. Held on: Monday of every week or determined by contractor and CR. c. Location: City office or specified site locations.
d. Attendees: Contractor Supervisor must attend all weekly coordination meetings.
4. Monthly
a. Purpose: to address issues regarding: upcoming events, scheduling; and other issues. Review summary sheet of submitted reports. b. Held on: Third Thursday of every month.
c. Location: City offices or specified site locations.
d. Attendees: Contractor Management Representative and Contract Supervisor shall attend monthly operational meetings with City management team.
5. Annually
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a. Purpose: to address issues regarding: Renewal, Scheduling, and other issues.
b. Held on: in conjunction with first monthly meeting after yearly renewal period.
c. Location: City offices.
d. Attendees: Contractor Management Representative and Contract Supervisor shall attend annual operational meetings with CR.
X. Subcontractors
1. The majority of the work as required herein and at the time the work is requested must be done by the awarded Contractor.
2. The work may not be subcontracted or sublet to another contractor unless the contractor has been listed on the Subcontractor List and approved by the CR or a substitution of that contractor has been approved by CR in advance of any scheduled or actual work.
Y. Unsatisfactory Work
1. Note that payments will NOT be made for any unsatisfactory work until the work deficiencies have been fully corrected.
2. Note that City may exercise the following measures should Contractor fail to correct any deficiencies within 5 calendar days of notification:
a. Deduct amounts from Contractor’s payment to correct deficiency. b. Utilize City forces or an alternate source to correct deficiency and deduct from Contractor’s payment the total cost, including City overhead.
Z. Response Times
1. Rush: 24-hour response for anything that is or could cause moderate cost or loss, but not an immediate threat of loss to life or property. This response time also includes damages caused directly by Contractor or subcontractor and or through Contractor or subcontractor negligence.
2. Routine: 72-hour response for anything that needs attention prior to the next maintenance cycle, but has no immediate cost or threat of loss.
3. Turf Material Replacements: 5 business day response to remove and replace or add as directed by CR.
5. Failure by Contractor to respond within the above response times is subject to liquidated damages per TABLE: LIQUIDATED DAMAGES.
AA. Liquidated Damages
2. Fines will be deducted from the invoice that covered the time period in which the deficiencies occurred. If these deficiencies carry over into the following month(s), these fines will carry over and be deducted as necessary.
3. Liquidated damages will be assessed per Designated Work Area (TABLE:
Designated Work Areas)
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
4. Note that force majeure applies only when delays are clearly beyond the control of or could not have been anticipated by Contractor. City will grant an extension in time equivalent to the exact number of working days that were caused by the force majeure incident(s).
5. Agree to liquidated damages for exact number of working days when delays are within the control or could have been anticipated by Contractor.
6. To ensure that Contractor performs all of the required work and by the time required per Specifications and since City cannot accurately determine the exact amount of a given deficiency, City will assess liquidated damages (TABLE:
LIQUIDATED DAMAGES) for all work performance deficiencies.
7. City will notify Contractor both verbally and in writing each time service requirements are unsatisfactory and corrective action is necessary. Should Contractor fail to correct any deficiencies within the given correction and/or grace period, City may exercise the following measures:
a. Deduct from Contractor’s payment the amount necessary to correct the deficiency.
b. Withhold payment.
c. Utilize City forces or an alternate source, to correct the deficiency and deduct from Contractor’s payment the total cost.
8. The above amounts are cumulative, for example: Meetings attendance; should contractor fail to meet for four weeks and the monthly meeting, then Contractor would be assessed four weekly violations of $250.00 each occurrence for $1,000.00 and for one monthly violation of $250.00 for each occurrence for a total of $1,250.00.
9. City has the sole right to waive any liquidated damages (TABLE:
LIQUIDATED DAMAGES) without regards to any and all precedents wherein City may have waived past violations.
10. After second recurring violation contractor shall meet with City Management representative to discuss deficiency issues and a subsequent correction notice will be issued; additional liquidated damages (TABLE: LIQUIDATED DAMAGES) may apply.
11. After third recurring violation contractor shall meet with City Management and City of Anaheim Representative(s) to discuss violations and remedies including additional liquidated damages (TABLE: LIQUIDATED DAMAGES), suspension or termination of contract for failure to meet contract obligations.
1.01 Tables
Table 1: Holidays (Holiday work allowed by City is not subject to premium rates).
LN DATE EVENT
1 January 1 New Year’s Day
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
2 Third Monday in January Martin Luther King’s Birthday 3 Third Monday in February President’s Day
4 Last Monday in May Memorial Day
5 July 4 Independence Day
6 First Monday in September Labor Day
7 November 11 Veteran’s Day
8 Fourth Thursday (Nov) Thanksgiving Day
9 Friday After Thanksgiving
10 December 25 Christmas Day
Table 2: Liquidated Damages
LN VIOLATION AMOUNT
1 Rush response: within 24-hours $250.00 per occurrence 2 Routine response: within 72-hours $100.00 per occurrence 3 Turf Material Replacements: within 1-week $500.00 per occurrence 4 Delivery of substandard products $250.00 per occurrence 5 Safety or Environmental violation $250.00 per occurrence 6 Damages violation $500.00 per occurrence
7 Missed or Late Schedules/Reports/Work $100.00 per occurrence Table 3: Products (Substitutions of these items require CR approval before use).
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
LN MANUFACTURER PART NO DESCRIPTION
1 Pros Choice Easy Mound Packing Clay
2 Corona Clay Angels Mix Infield Mix
3 Stabilizer Solutions Warning Track Mix Warning Track
4 Turface Pro League Elite (Natural) Infield Topdressing 5 Turface MVP (Natural) Infield Topdressing
5 Pros Choice Infield Conditioner
(SELECT)
Infield Topdressing
Table 4: Service Area
Anaheim Parks Fields List
Section Park Address Baseball Softball Soccer
East
Anaheim Hills
Elemantary 6450 E. Serrano Ave 2 0 1
East Canyon Rim 7305 E Canyon Rim Road 0 1 1
East Eucalyptus 100 N. Quintana Drive 0 1 1
East Imperial 450 S Imperial Highway 0 0 1
East Peralta 115 N. Pinney Drive 0 3 2
East Riverdale 4545 E. Riverdale Avenue 0 1 1
East
Ronald
Reagan 945 S. Weir Canyon Road 0 2 2
East Sycamore 8268 E Monte Vista Road 0 1 0
East Yorba 7400 E. La Palma Avenue 0 3 2
Central Boysen 951 S State College Boulevard 1 1 2
Central Edison 1145 N Baxter Street 0 1 1
Central Juarez 841 S Sunkist Street 0 1 0
Central Lincoln 1535 E. Broadway Avenue 0 1 1
Central Pioneer 2565 E. Underhill Avenue 0 1 1
Central Ponderosa 2100 S Haster Street 0 1 1
Central Rio Vista 201 N. Park Vista Street 0 3 1
6 Pioneer Athletics PVIP Athletic Field Marking Paint
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
North
Central Betsy Ross 1280 W. Santa Ana Street 0 0 1
North
Central John Marshall 2001 W La Palma Avenue 0 2 1
North
Central La Palma Park 1151 N. La Palma Parkway 1 0 1
North
Central Manzanita 1260 N. Riviera Street 0 0 1
North
Central Pearson 400 N. Harbor Boulevard 0 1 1
North
Central Sage 1313 W. Lido Place 1 1 0
West Barton 800 S. Agate Street 0 1 1
West Brookhurst 2271 W Crescent Street 1 2 0
West Chaparral 1770 W Broadway Avenue 0 1 1
West Delphi 1211 N Magnolia Ave 2 0 0
West Maxwell 2655 W Orange Avenue 0 2 2
West Modjeska 1331 S Nutwood Street 0 1 2
West Peter Marshall 801 N Magnolia Avenue 0 0 1
West Schweitzer 238 S Belair Street 0 1 1
West Stoddard 1901 S. Ninth Street 0 1 1
West Twila Reid 3100 W Orange Avenue 0 1 1
West Willow 1625 W. Crone Avenue 0 1 1
Total: 8 36 34
Scope of Work: Ball Diamond Infield Maintenance Requirements A Scope of Services
A.1 All infield and associated turf maintenance tasks described in this section shall be performed only as Extra Work and only when expressly authorized by the City Representative (CR).
A.2 For purposes of Extra Work, the infield includes the skinned infield surface, sport turf within the infield arc, infield-side foul territory, and a minimum of 36 inches beyond all turf-to-skin transition areas.
A.3 Outfield foul lines, perimeter markings, and athletic field layouts shall only be performed when authorized by the CR as Extra Work.
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
A.4 All edging, verticutting, mowing, or similar turf-management tasks shall be completed only as Extra Work when directed by the CR.
A.5 All field layouts at Glover Stadium, Brookhurst Park, Boysen Park, or any other designated facility shall be performed solely as Extra Work. Projected annual quantities do not establish any minimum service requirement.
A.6 Specialty subcontractors may be utilized for Extra Work only when pre-approved by the CR.
A.7 All tasks described within this section represent Extra Work only and do not establish recurring, base, or routine maintenance obligations.
A.8 When Extra Work is authorized, all tasks shall be performed in accordance with SFMA (Sports Field Management Association) best practices and these specifications.
B. Daily Field Preparation Requirements (Extra Work Only) B.1 All daily field preparation tasks shall be performed only when explicitly authorized by the CR.
When authorized, such work may include removal of litter, glass, hazardous debris, and cleaning and preparing the skinned infield and dugout areas. Patching, repair, and tamping may be performed only when authorized and may include repair of batter’s boxes, catcher’s boxes, mound landings, and areas surrounding bases. Provide consistent, high‑visibility field markings for baseball, softball, football, and soccer facilities using standardized line widths.
B2 Outfield foul lines, perimeter markings, and athletic field layouts shall be as followed:
a. Baseball: All gameplay and boundary lines shall be painted at 4 inches in width.Softball:
All gameplay and boundary lines shall be painted at 4 inches in width. b. Football: All required field markings (sidelines, hash marks, goal lines, end lines, numbers, yard lines) shall be painted at 4 inches in width. c. Soccer: All field markings shall be painted at 5 inches in width, maintaining uniform width across all lines.
B.3 Patching, repair, and tamping may be performed only when authorized and may include repair of batter’s boxes, catcher’s boxes, mound landings, and areas surrounding bases.
B.4 Infield dragging shall be performed only when authorized by the CR and may include predrag watering or plug cleaning, hand dragging of restricted areas, and machine dragging using CR-approved patterns.
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
B.5 Watering of infield areas or bullpens shall only be performed when expressly directed by the CR.
B.6 Inspection, cleaning, removal, or installation of bases, pegs, plates, and rubbers shall be performed only when authorized by the CR.
B.7 Sweeping activities shall be performed only when authorized by the CR and shall include sweeping of home plate, mounds, base areas, dugouts, and adjacent hardscape.
C. Dragging Requirements (Extra Work Only)
C.1 Pre-drag activities shall be performed only when authorized by the CR.
C.2 Hand dragging of restricted or sensitive areas shall be performed only when directed and using CR-approved tools.
C.3 Machine dragging shall only be performed when authorized by the CR using CR-approved methods.
C.4 Hand grooming of the turf-skin edge shall be performed only when authorized.
D. Watering Standards (Extra Work Only)
D.1 All watering of infield surfaces, clay areas, bullpens, or warning tracks shall be performed only when directed by the CR.
D.2 When authorized, Contractor shall apply water at the rates, depths, and methods specified by the CR.
E. Bases (Extra Work Only)
E.1 All base-related tasks shall be performed only when authorized by the CR.
F. Sweeping Requirements (Extra Work Only)
F.1 All sweeping, dust removal, and turf-edge cleanup shall be completed only when authorized by the CR.
G. Additional Daily Requirements (Extra Work Only)
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
G.1 All field painting, marking, or athletic layout work shall be performed only when authorized by the CR.
G.2 Correction of flooded or saturated infield conditions shall be performed only when authorized by the CR.
G.3 Re-conditioning of wet infield areas using CR-approved drying agents shall be performed only when directed by the CR.
H. Weekly Maintenance Requirements (Extra Work Only)
H.1 No weekly or recurring maintenance is included under this contract.
H.2 Weekly tasks may include redistribution of migrated infield material or brick dust and nail dragging.
H.3 Any observed safety concerns shall be reported to the CR.
H.4 Patching, repair, and tamping may be performed only when authorized and may include repair of batter’s boxes, catcher’s boxes, mound landings, and areas surrounding bases.
H.5 Infield dragging shall be performed only when authorized by the CR and may include predrag watering or plug cleaning, hand dragging of restricted areas, and machine dragging using CR-approved patterns.
H.6 Watering of infield areas or bullpens shall only be performed when expressly directed by the CR.
H.7 Inspection, cleaning, removal, or installation of bases, pegs, plates, and rubbers shall be performed only when authorized by the CR.
H.8 Sweeping activities shall be performed only when authorized by the CR and shall include sweeping of home plate, mounds, base areas, dugouts, and adjacent hardscape.
H.9 Dragging Requirements (Extra Work Only)
H.10 Pre-drag activities shall be performed only when authorized by the CR.
H.11 Hand dragging of restricted or sensitive areas shall be performed only when directed and using CR-approved tools.
H.12 Machine dragging shall only be performed when authorized by the CR using CR-approved methods.
H.13 Hand grooming of the turf-skin edge shall be performed only when authorized.
H.14 Watering Standards (Extra Work Only)
H.15 All watering of infield surfaces, clay areas, bullpens, or warning tracks shall be performed only when directed by the CR.
H.16 When authorized, Contractor shall apply water at the rates, depths, and methods specified by the CR.
H.17 Pitcher’s mound repair, and maintenance shall be performed only when specifically authorized by the CR.
I. Biannual Lip Management (Extra Work Only)
I.1 All lip management, turf-edge correction, scalping, aerification, verticutting, and surface restoration shall be performed only as Extra Work and only at the CR’s direction.
J. Specialized Tasks (Extra Work Only)
J.1 Pitcher’s mound construction, repair, and maintenance shall be performed only when specifically authorized by the CR.
J.2 All athletic field layouts shall be performed exclusively as Extra Work.
K. Turf Material Requirements (Extra Work Only)
K.1 Turf loss shall only be reported when discovered during authorized Extra Work.
K.2 Contractor shall repair any turf damage directly caused by Contractor activities during authorized Extra Work.
L. Inclement Weather Performance
L.1 Contractor shall adjust staffing to complete all tasks not prevented by weather.
L.2 All tasks missed due to weather must be completed as soon as conditions allow.
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
City of Anaheim MA 106-499299
Athletic Field Maintenance Services
Attachment A- Scope of Work
M. Required Reporting (Extra Work Only)
M.1 Contractor shall provide schedules or documentation only for authorized Extra Work.
M.2 No recurring weekly schedules, inspections, or annual plans are required unless requested by the CR.
N Renovations (Extra Work Only)
N.1 All renovation activities shall be performed exclusively as Extra Work when authorized by the CR.
N.2 Laser grading of infields shall be performed exclusively as Extra Work and only when directed by the CR.
N.2.1 Laser grading requires 25 tons of infield mix per field N.3 Install & till infield conditioner requirements:
N.3.1 Usage Rates for Infield Renovation:
1.Regulation field- 12 Tons (480 Bags)
2.Softball field 10 Tons (400 Bags)
3.Little League 5 Tons (200 Bags)
4.Warning Track & Bullpen areas- CR will request as needed Exhibit B
ATTACHMENT B- PRICING
City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
Attachment B- Pricing
1. Compensation: This is a fixed fee Contract between City and Contractor for Athletic Field Maintenance Services 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 execution 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.
Line
# Description
Unit of
Measure Unit Cost
1 AS-NEEDED LABOR: Softball Infield/Outfield
Preparation & Striping and Field Preparation EACH $65.00 2 AS-NEEDED LABOR: Baseball Infield/Outfield
Preparation & Striping (Brookhurst
Field;Boysen Field) EACH $180.00
3 AS-NEEDED LABOR: Baseball Infield/Outfield
Preparation & Striping (Dee Fee Field) EACH $200.00
4 AS-NEEDED LABOR: Little League
Infield/Outfield Preparation & Striping (Delphi,
La Entrada, Anaheim Hills Field) EACH $70.00
5 AS-NEEDED LABOR: Weekly Work
Requirements (Softball Fields) EACH $60.00
6 AS-NEEDED LABOR: Weekly Work
Requirements (Brookhurst Field; Boysen Field) EACH $150.00 City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
7 AS-NEEDED LABOR: Weekly Work
Requirements (Dee Fee/Glover) EACH $180.00
8 AS-NEEDED LABOR: Weekly Work
Requirements (Delphi; La Entrada; Anaheim
Hills Field) EACH $70.00
9 AS-NEEDED LABOR: Bi-Annual Lip Management
Work Requirements (Softball Fields) EACH $180.00
10 AS-NEEDED LABOR: Bi-Annual Lip Management
Work Requirements (Brookhurst; Boysen) EACH $360.00
11 AS-NEEDED LABOR: Bi-Annual Lip
Management Work Requirements (Dee
Fee/Glover) EACH $360.00
12 AS-NEEDED LABOR: Bi-Annual Lip Management
Work Requirements (Delphi; La Entrada;
Anaheim Hills Elementary EACH $240.00
13 AS-NEEDED LABOR: Infield/Outfield Prep
Delphi; La Entrada; (Football) EACH $360.00
14 AS-NEEDED LABOR: Infield/Outfield Prep
Delphi; La Entrada (Soccer) EACH $360.00
15 AS-NEEDED LABOR: Soccer Outfield Prep
(Brookhurst; Boysen; Glover) EACH $600.00
16 AS-NEEDED LABOR: Soccer Field Striping
Layout (Recreational Parks) EACH $480.00
17 AS-NEEDED LABOR: Football Prep & Striping
(Brookhurst Field; Glover) EACH $750.00
18 AS-NEEDED LABOR: Football Field Layout
(Recreational Parks) EACH $480.00
19 TURF RENOVATION: Interseeded (Royal TXD –
Disc/Drill) SQFT $.50
20 TURF RENOVATION: Overseeded (Royal TXD -
Broadcast) SQFT $.40
21 TURF RENOVATION: Interseeded (Lesco Eagle
Blend – Disc/Drill) SQFT $.40
City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
22 TURF RENOVATION: Overseeded (Lesco Eagle
Blend- Broadcast) SQFT $.35
23 TURF RENOVATION: Interseeded (Grand Slam
Disc/Drill) SQFT $.40
24 TURF RENOVATION: Overseeded (Grand Slam
Broadcast) SQFT $.35
25 Mowing with walk-behind reel SQFT $.10
26 Install & laser grade infield mix (Brookhurst;
Boysen) EACH $4,000.00
27 Install & laser grade infield mix (Dee Fee) EACH $4,000.00 28 Install & laser grade infield mix (Softball) EACH $4,000.00 29 Install & laser grade infield mix (Delphi; La
Entrada; Anaheim Hills) EACH $4,000.00
30 laser grade turf SQFT $.04
31 Install & till infield conditioner (Brookhurst,
Boysen, Dee Fee) EACH $14,400.00
32 Install & till infield conditioner (Softball) EACH $12,000.00 33 Install & till infield conditioner (Delphi; La
Entrada; Anaheim Hills) EACH $6,000.00
34 Install & till infield conditioner (Delphi; La
Entrada; Anaheim Hills) EACH $6,000.00
35 Repair/Correct flooded fields (Brookhurst;
Boysen; Dee Fee/Glover) HOUR $35.00
36 Repair/Correct flooded fields (Recreation
Parks) HOUR $35.00
37 Install/remove plastic home run fences LF $.10
38 Scarify & level infield (Brookhurst; Boysen; Dee
Fee) EACH $600.00
39 Scarify & level infield (Softball) EACH $600.00
40 Scarify & level infield (Delphi; La Entrada;
Anaheim Hills) EACH $400.00
41 Rebuild/Remove/Install pitchers mound
(Brookhurst, Boysen, Dee Fee) EACH $4,500.00
City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
42 Rebuild/Remove/Install pitchers circle
(Softball) EACH $400.00
43 Rebuild/Remove/Install pitchers mound
(Delphi; La Entrada; Anaheim Hills) EACH $1,200.00
44 Rebuild/Remove/Install home plate halo
(Brookhurst; Boysen; Dee Fee) EACH $400.00
45 Rebuild/Remove/Install home plate halo
(Softball) EACH $400.00
46 Rebuild/Remove/Install home plate halo
(Delphi; La Entrada; Anaheim Hills) EACH $400.00
47 Remove/install home plate EACH $60.00
48 Replace any plate EACH $60.00
49 Replace base peg EACH $60.00
50 Replace pitching rubber EACH $60.00
51 Edging with gas edger LF $.10
52 Turf renovation: mow to 1/4" & verticut SQFT $.05
53 Turf renovation: Sod Tahoma 31 SQFT $4.50
54 Turf renovation: Sod Tahoma 31 (Big roll) SQFT $4.00 55 Infield Mix: Corona Clay Ton $118.22
56 Infield Conditioner: Pro's Choice Ton $859.20
57 Infield Conditioner: Turface Ton $1,036.23
58 Packing Clay: Pro's Choice Ease Mound Ton $882.80
59 LABOR, REGULAR TIME: additional as needed
labor, fully loaded including but not limited to
all applicable prevailing wage labor,
consumables, tools, equipment, tarriffs,
disposal, sales tax, etc. HOUR $35.00
60 LABOR, OVERTIME: additional as needed labor,
fully loaded including but not limited to all
applicable prevailing wage labor,
consumables, tools, equipment, tarriffs,
disposal, sales tax, etc. HOUR $52.00
City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
61 LABOR, DOUBLETIME: additional as needed
labor, fully loaded including but not limited to
all applicable prevailing wage labor,
consumables, tools, equipment, tarriffs,
disposal, sales tax, etc. HOUR $70.00
62 MATERIALS FIXED PERCENTAGE MARKUP:
CONTRACTOR'S COST PLUS A FIXED
PERCENTAGE MARKUP FOR ADDITIONAL ASNEEDED MATERIAL (FOR MATERIAL OUTSIDE OF THE SCOPE OF WORK). CONTRACTOR MUST
RECEIVE APPROVAL FROM CR BEFORE
PROCEEDING. PERCENTAGE 15.00%
63 SUBCONTRACTORS FIXED PERCENTAGE
MARKUP: CONTRACTOR'S COST PLUS A FIXED
PERCENTAGE MARKUP FOR ADDITIONAL ASNEEDED SUBCONTRACTING. CONTRACTOR
MUST RECEIVE APPROVAL FROM CR BEFORE
PROCEEDING. PERCENTAGE 10.00%
64 RENTAL EQUIPMENT FIXED PERCENTAGE
MARKUP: CONTRACTOR'S COST PLUS A FIXED
PERCENTAGE MARKUP FOR ADDITIONAL ASNEEDED RENTAL EQUIPMENT (FOR RENTAL
EQUIPMENT OUTSIDE OF THE SCOPE OF
WORK). CONTRACTOR MUST RECEIVE
APPROVAL FROM CR BEFORE PROCEEDING. PERCENTAGE 10.00%
3. Contract Not-to-Exceed (NTE): $215,912.00 annually, plus applicable CPI- based increases available at renewal.
4. Pricing Structure:
a) Pricing for the initial base year period shall remain fixed. b) Price changes after the base year period shall be negotiated each renewal period but shall not exceed the most recent available month for the Los Angeles-Long BeachAnaheim, CA Consumer Price Index (CPI) for All Urban Consumers for non-labor, and Urban Wage earners and Clerical Workers for labor.
City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
c) In the event of future changes in government-mandated wages (e.g., increases in minimum wage or prevailing wage requirements, if applicable) that result in the Contractor’s employees being paid less than the newly required hourly rate(s), the Contractor may request an adjustment to labor charges to align with the new wage requirements. The City, at its sole discretion, may approve such an adjustment, but is not obligated to do so. Documentation must be provided to support the previous actual hourly rates and the requested adjustment to new rates.
5. Quantities: City makes no commitment of any specific quantity during the term of the agreement.
6. Delivery Order: The Contractor may proceed with work only upon issuance of a Delivery Order (“DO”), which authorizes the specific materials or services to be performed under this Master Agreement. Each DO will be issued by the requesting department and will specify the delivery date, location, and unique Delivery Order Number.
7. Payment Terms – Payment in Arrears: Invoices are to be submitted in arrears to the user agency/department to the ship-to address, unless otherwise directed in this Contract.
Contractor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to City of Anaheim and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with Contractor. 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.
8. 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.
9. Payment – Invoicing Instructions: Contractor will provide an invoice on Contractor’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 number and will include the following information:
a. Contractor’s name and address
b. Contractor’s remittance address, if different from one above City of Anaheim Master Agreement 106- 499299
Athletic Field Maintenance Services
Attachment B- Pricing
c. Contractor’s Taxpayer ID Number
d. Name of City Agency/Department
e. Delivery Order Number (DO)
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