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HomeMy WebLinkAboutAgenda Report - February 16, 2022 C-04AGENDA ITEM C004 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Waive Bidding Process and Purchase Materials and Services from CMAS Contract #4-06-78-0031A Vendor Field Turf USA, Inc. of Montreal, Quebec for the Grape Bowl All -Weather Turf Replacement Project in the Amount of $760,000 MEETING DATE: February 16, 2022 PREPARED BY: Parks, Recreation and Cultural Services (PRCS) Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to waive bidding process and purchase materials and services from CMAS contract #4-06-78-0031A vendor Field Turf USA, Inc. of Montreal, Quebec for the Grape Bowl All -Weather Turf Replacement Project in the amount of $760,000. BACKGROUND INFORMATION: The California Multiple Award Schedule (CMAS) program was established to provide client agencies and local governments with an easy and value effective procurement option for non -IT services and commodity products. CMAS contracts are based on either Federal GSA Contracts, or upon a competitive bid, negotiation or assessment of contractor products and prices. With CMAS agreements, local governments are given the flexibility to select products or services according to their business needs, with considerations for price, warranty, supplier performance and brand names. Field Turf USA, Inc. of Montreal, Quebec, has entered into CMAS contract #4-06-780031A with the State of California, Department of General Services. On April 7, 2010, the contract for the Grape Bowl All -Weather Surface Project was awarded to Western Engineering Contractors, Inc., of Loomis, in the amount of $592,675, and the contract for the purchase and installation of the all-weather surface was awarded to Field Turf USA, Inc., of Montreal, Quebec, in the amount of $685,813. CMAS Contract #4-06 78-0031A was utilized for this purchase. The project consisted of an all-weather playing field and other improvements. Council accepted these improvements on January 5, 2011. The all-weather playing surface has a playable life -span of 10 to 12 years. Over the past couple of years Field Turf representatives have reviewed and analyzed the existing field playability and G -Max safety requirements of the surfacing. With the increased play of recreational and competitive soccer, football and constant UV exposure, the field has broken down. Additionally, repairs are needed to address the depressed locations of the perimeter trench drainage on the north and south sides. APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager Adopt Resolution Authorizing City Manager to Waive Bidding Process and Purchase Materials and Services from CMAS Contract #4-06-78-0031 A Vendor Field Tun` USA, Inc, of Montreal, Quebec for the Grape Bowl All -Weather Turf Replacement Project and Appropriate Funds $760, 000 February 2, 2022 Page 2 PRCS requests that Council approve waiving the bidding process and entering into a purchase order with CMAS vendor Field Turf USA, Inc. of Montreal, Quebec for the Grape Bowl All -Weather Turf Replacement. FISCAL IMPACT: Improvements shall provide for increased rental opportunities and safer conditions. FUNDING AVAILABLE: Parks Capital (43299000.77020); PKCP-22003.Contracts; $760,000 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director Oistina Jarb6iay Parks, Recreation and Cultural Services Director CJ\MM:tl cc: City Attorney Attachment Signature: Q,r,,dr� xz'.*J Signature: Email: akeys@lodi.gov Email: sschwabauer@lodi.gov Lodi Grape Bowl December 1, 2021 FieldTurf USA Inc. is pleased to present the following proposal. FieldTurf pricing is based on the current FieldTurf CMAS Contract (4-06-78-0031A). FieldTurf California License 849044 Click the follow CMAS hyperlink for CMAS due diligence documentation: CMAS Contract: 4-06-78-0031A -i Gra a Bowl Quantity Units Unit Price Total cope Description) MD 93,714 SF $1.68194 $157,621.63 nd 93,714 SF $5.31 $497,798.00 Inlaid Soccer Markings 1 EA $7,280.00 DONATED Inlaid Football Markings 1 EA $7,280.00 DONATED FIag Football Tick Marks 1 EA $959.50 DONATED GMAX resting 6 EA $1,515.00 $9,090.00 FieldSwucp and GroornRight I LS $8,080.00 $8,080.00 Maintenance Program 20 EA $2,525.00 $50,500.00 Use Tax 1 LS $19,975.00 $19,975.00 2 Pallets of Brock for repairs as needed I LS $8,164.76 $8,164.76 10 Year TO Party Pre -paid Insured Warranty 1 LS INCLUDED INCLUDED Subtotal S nthetic Turf $593.607.76 Subtotal Project $751,229.39 Performance & Payment Bonds 1 LS $8,633.95 $8,633.95 Total - Lodi Grape Bowl $759,863.34 PRODUCT DETAILS FieldTurf, the worldwide leader in artificial turf, is pleased to offer the FieldTurf CORE 2" Trueblend system, with the following product characteristics: ► Pile Height: 2 Inches ► Infill Weight. 6 lbs sand & 1.2 lbs Trueblend per sq.ft. ► Pile Weight: 33 oz/yd2 ► Total System Weight: 1093 oz/yd2 FieldTurf has taken the necessary steps to ensure _hat your project will run smoothly and that the quality promised will be the quality delivered. CIVIL PRICE INCLUDES: a) Mobilization b) Supervision for our work c) Site Demolition a. Remove existing synthetic turf fielc b. Haul off existing synthetic turf field c. Pull back existing Brock shock pac and liner along edges to existing trench in order to remediate sidelines d. Remove & replace perimeter curb at NW corner of field (25 LF) d) Clean existing slot drains e) Furnish & install %" shim on to existing header board (1,261 LF) f) Slope subgrade from curb to outside edge Df trenches g) Furnish & install geotextile fabric on subgrede from field edge to inside edge of trench Voluntary Alternates Al New Goal Posts (Remove & replace existing goalposts with new Adjustright Aluminum goalposts with neon yellow power coating & flags. Existin footings to be reused.) I I LS $17,428.92 LS $200.32 $17,428.92 $200.32 Performance & Payment Bonds Total Alternate #1 $17,629.24 A2 Inlaid Lacrosse Markings 1 LS $3,838.00 $3,838.00 Performance & Payment Bonds I LS $44.12 $44.12 77 Total Alternate #2 $3,882.12 PRODUCT DETAILS FieldTurf, the worldwide leader in artificial turf, is pleased to offer the FieldTurf CORE 2" Trueblend system, with the following product characteristics: ► Pile Height: 2 Inches ► Infill Weight. 6 lbs sand & 1.2 lbs Trueblend per sq.ft. ► Pile Weight: 33 oz/yd2 ► Total System Weight: 1093 oz/yd2 FieldTurf has taken the necessary steps to ensure _hat your project will run smoothly and that the quality promised will be the quality delivered. CIVIL PRICE INCLUDES: a) Mobilization b) Supervision for our work c) Site Demolition a. Remove existing synthetic turf fielc b. Haul off existing synthetic turf field c. Pull back existing Brock shock pac and liner along edges to existing trench in order to remediate sidelines d. Remove & replace perimeter curb at NW corner of field (25 LF) d) Clean existing slot drains e) Furnish & install %" shim on to existing header board (1,261 LF) f) Slope subgrade from curb to outside edge Df trenches g) Furnish & install geotextile fabric on subgrede from field edge to inside edge of trench h) Furnish & install '/2" x 3/8" clean crushed stone from field edge to inside edge of trench a. Rock elevation to be V down fron top of header shim to allow for reinstallation of Brock pad 1) Furnish & install'/" chip as needed for leveling course i) Fine grade/finish grade edges to within FialdTurf tolerances k) Re -install pulled back Brock shock pad aril liner 1) Remove & replace existing access boxes at existing goalposts (2 each) m) Furnish & install soccer goal anchor boxes (2 each) n) Prep and paint existing goal posts with neon yellow paint & new flags PRICE DOES NOT INCLUDE: o) The base upon which the FieldTurf artificial turf surface will be placed. FieldTurf shall not be responsible for the stability, the porosity, nor the approval of the base upon which the FieldTurf surface will be installed, the drainage systam, nor any construction or modification of existing installations around the fields. p) FieldTurf is not altering, exploring or improving the existing drainage system under the existing artificial turf limits. No removal, milling, pcnding, flooding or repairs within the existing base and drainage system are included and shall re-nain the responsibility of the owner. q) Soil correction or remediation. r) Scarifying or ripping of existing base aggregate. s) Flushing of existing storm drain system in'ield t) Utility removal or re-routing of any kind. u) Removal of Brock or regrading of aggregae on body of field between trenches. v) Any costs associated with necessary charges relating to the delineation of the field. w) The supply of or adjustment to existing manholes, clean -outs or grates and supply of the manhole covers. x) Any alteration or deviation from specifications involving extra costs, which alteration or deviation will be provided only upon executed chance orders, and will become an extra charge over and above the offered price. y) Site security. z) Repair or resurfacing existing asphalt parlcng lot if damaged by truck traffic. aa) Site restoration, sodding, landscaping or g -ow -in. bb) Design, permit fees, inspection fees, construction testing. cc) A vehicle to tow FieldTurf maintenance equipment. dd) Anything not explicitly noted in the inclusions. CONDITIONS Notwithstanding any other document or agreement entered into by FieldTurf in connection with the supply and installation only of its product pursuant to the present bid proposal, the following shall apply: a) This bid proposal and its acceptance is subject to strikes, accidents, delays beyond our control and force majeure. b) FieldTurPs preferred payment terms are as follows: (i) 50% of the Price upon Customer's execution of contract; (ii) 40% of the Price upon shipment of materials from FieldTurfs manufacturing facility; and (iii) Remaining balance of ten percent (10%) upon substantial completion of the field, which shall be achieved when Customer is able to use the field for its intended purpose, even if punchlist items remain and the Certificate of Completion has not been executed by Customer. c) Accounts overdue beyond 30 days of invoice date will be charged at an interest rate of 10% per annum. d) FieldTurf requires a minimum of 21 days after receiving a fully executed contract or purchase order and final approvals on shop drawings to manufacture, coordinate delivery and schedule arrival of installation crew. Under typical field size and scenario, FieldTurf further requires a minimum of 28 days per field to install the Product subject to weather and force majeure e) FieldTurf requires a suitable staging area. Staging area must be square footage of field x 0. 12, have a minimum access of 15 feet wide by 15 feet high, and no more than 100 ft from the site. A 25 foot wide by 25 foot long hard or paved clean surface area located within 50 feet of the playing surface shall be provided for purposes of proper mixing of infill material. Access to any field will include suitable bridging over curbs from the staging area to permit suitable access to the field by low clearance vehicles. Staging area surface shall be suitable for passage with motor vehicles used to transport materials to the site and/or staging area. FieldTurf shall not be liable for any damages to the staging area or its surface unless such damages are caused by FieldTurfs intentional misconduct or negligence. f) This proposal is based on a single mobilization. If the site is not ready and additional mobilizations are necessary, additional charges will apply. g) Upon substantial completion of FieldTurfs obligations, the Customer shall sign FieldTurfs Certificate of Completion in the form currently in force- to accomplish this purpose, the Customer will ensure that an authorized representative is present at the walk-through to determine substantial completion and acceptance of the field, which may include a list of punch list items. h) FieldTurf shall not be a party to any penalty clauses and/or liquidated damages provisions. i) FieldTurf shall be entitled to recover all costs and expenses, including attorney fees, associated with collection procedures in the event that FieldTurf pursues collection of payment of any past due invoice. All colors are to be chosen from FieldTurfs standard colors. THE TARKETT SPORTS FAMILY - LEADERS IN SPORTS SURFACING 4)TarkettslmTs } FieldTurf' O BEYNON" 7 rermlf' ('-�f"6RASSMASfEA (��) AT.... S,-,—pPIAYMASTEA er AruvlKpwUfwnP^Y AIv - , -.• r.- u....a . . FIFE& $AS ® QUALITY �' � VWformid:.:.� ►fOd� OFFICIAL R A R T N E fl q��OCSO� \ ���� U[lY The price is valid for a period of 90 days. The price is subject to increase if affected by an increase in raw materials, freight, or other manufacturing costs, a tax increase, new taxes, levies or any new legally binding imposition affecting the transaction Please feel free to reach out to any member of our project team with questions about our offer - Lindsay Agattas Project Manager Team Lead (281)531-4720 Lindsay A atlas fieldturf conn Andrew Rowley Regional Vice Presidnet (707) 529-8459 andrewipfieldturfriorcal,com Thank you again for your interest in FieldTurf, we look forward to working with you. Per: *-J,W-4 N Marie -Christine Raymond, Director of Operations FieldTurf USA, Inc / Tarkett Sports Canada, Inc FieldTurf USA, Inc. holds the Cooperative Purchase contract, any PO for Contract must be made out to FieldTurf USA, Inc. 175 N Industrial Blvd NE. Calhoun, GA 30701 If you have questions regarding the FieldTurf and Beynon SmartBuy Cooperative Purchasing Program, please contact Eric Fisher at: Eric Fishgr ara smanbu cn❑ erative conn. 5rrr "H -r Huy FMNp -WAY!W 1 Procurement Division OSS 707 Third Street, 2nd Floor, MS #2-202 GENERAL SERVICES west Sacramento, CA 95605-2811 State of California MULTIPLE AWARD SCHEDULE FieldTurf USA, Inc. CMAS NUMBER: SUPPLEMENT NUMBER CMAS TERM DATES: CMAS CATEGORY: APPLICABLE TERMS & CONDITIONS: MAXIMUM ORDER LIMIT: FOR USE BY: BASE SCHEDULE #: BASE SCHEDULE HOLDER: 4-06-78-0031 A 10/07/2016 through 08/06/2026 Non Information Technology Commodities December 1, 2017 (www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/ CMAS/Non-IT-Commod ities-CMAS-Terms-and- Conditions.ashx?la=en&hash=9AD54FF697C740F342 E8B9B5BDEEDFC263632CB3 State Agencies: See Purchasing Authority Dollar Threshold provision Local Government Agencies: Unlimited State & Local Government Agencies GS -07F-9631 S FieldTurf USA, Inc. This CMAS provides for the purchase, warranty, removal, disposal, installation, maintenance and repair of synthetic turf, athletic track surfaces, tennis courts, sport flooring, and playground surfaces. (See page 3 for the restrictions applicable to this CMAS.) This supplement is to extend this CMAS through 08/06/2026 In addition, this supplement replaces in its entirety the existing California Multiple Award Schedule (CMAS). The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies shall incorporate these Ordering Instructions and Special Provisions, and CMAS Terms and Conditions Please review these provisions carefully because they have changed. Approved as to Form: JANICE D. MAGPCH City Attorney Original Signature on File Effective Date: 04/15/2021 KATELYNNE LEISENRING, Program Analyst, California Multiple Award Schedules Unit CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 NOTICE: Products and/or services on this CMAS may be available on a Mandatory Statewide Contracts. If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the Statewide Contract User Instructions. Information regarding Statewide Contracts can be obtained at the: Statewide Contract Index Listing (www. dgs.ca.gov/PD/About/Page-Content/PD-Branch-I ntro-Accordion-List/Acqu isitions/Statewide- Contracts?search=statewide contract listing). This requirement is not applicable to local government entities. The services provided under this CMAS are only in support of the products covered by this CMAS Agency non-compliance with the requirements may result in the loss of delegated authority to use the CMAS program. CMAS contractor non-compliance with the requirements may result in termination. April 7, 2021 Ordering Instructions and Special Provisions 2 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 CMAS PRODUCT & SERVICE CODES Product & Service Codes listed below are for marketing purposes only. Review the base schedule for the products and/or services available. Brand -Beynon Brand-Fieldturf Floor Cov-Sport Flooring Floor Cov-Synthetic Turf Playground -Surface Rubberized Sport Surface -Synthetic Track AVAILABLE PRODUCTS AND/OR SERVICES All of the products in the base schedule are available within the scope of this CMAS. The ordering agency must verify all products and/or services are currently available on the base General Services Administration (GSA) schedule. Access the GSA eLibrary at www.gsaelibrary.gsa.gov. EXCLUDED PRODUCTS ANDIOR SERVICES Order -level materials are not available under this CMAS. ISSUE PURCHASE ORDER TO Agency purchase orders must be either mailed or emailed to the following FieldTurf USA, Inc. 175 N Industrial Blvd NE Calhoun, GA 30701 Attn: Sarah Morehead E-mail: sarah.morehead@fieldturf.com Agencies with questions regarding products and/or services may contact the CMAS contractor as follows: Contact: Sarah Morehead Phone: (503) 267-0165 E-mail: sarah.morehead@fieldturf.com TOP 500 DELINQUENT TAXPAYERS In accordance with Public Contract Code (PCC) § 10295.4, and prior to placing an order for non - IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor's name does not appear on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. See next paragraph for information. April 7, 2021 Ordering Instructions and Special Provisions 3 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 The Franchise Tax Board's list of Top 500 Delinquent Taxpayers is available at www.ftb. ca.gov/about-ftb/newsroom/top-500-past-due-balances/index. html. The California Department of Tax and Fee Administration's list of To 500 Sales & Use Tax Delinquencies in California is available at www.cdtfa.ca.gov/taxes-and-fees/top500.htm. CALIFORNIA SELLER'S PERMIT The CMAS contractor's California Seller's Permit Number is 097731798. Prior to placing an order with this company, agencies must verify that this permit is still valid at the California Department of Tax and Fee Administration website (cdtfa.ca.gov). CMAS PRICES The maximum prices allowed for the products and/or services available are those set forth in the base schedule. The ordering agency is encouraged to seek prices lower than those in the base schedule. When responding to an agency's Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive. PRICE DISCOUNTS This CMAS contains prompt payment discounts when full payment is received within 10 days or less of installation completion. See the base schedule for the specific percent of discount. DARFUR CONTRACTING ACT This CMAS contractor has certified compliance to the Darfur Contracting Act, per Public Contract Code (PCC) § 10475, et seq. It is the agency's responsibility to verify that the contractor has a Darfur Contracting Act Certification on file. CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION Pursuant to Public Contract Code section 2010, effective January 1, 2017, applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (section 51 of the Civil Code, section 12960 of the Government Code). It is the agency's responsibility to verify that the contractor has a California Civil Rights Law Certification on file. WARRANTY For warranties, see the base schedule, the CMAS Terms and Conditions, General Provisions, and CMAS Warranty. DELIVERY 60 days after receipt of order, or as negotiated between agency and CMAS contractor and included in the purchase order, or as otherwise stipulated in the contract. April 7, 2021 Ordering Instructions and Special Provisions 4 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 SHIPPING INSTRUCTIONS F.O.B. (Free On Board) Destination. Seller pays the freight charges PURCHASING AUTHORITY DOLLAR THRESHOLD Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold. No CMAS order may be executed by a State agency that exceeds that agency's purchasing authority threshold. State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website (www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/List-of-State-Departments-with-Approved-Purchasing-Authority). HOW TO USE CMAS Agencies must adhere to the detailed requirements in the State Contracting Manual (SCM) when using CMAS. The requirements for the following bullets are in the SCM, Volume 2, Chapter 6 (for non -IT), the SCM, Volume 3, Chapter 6 (for IT), and the SCM, Volume FISCaI, Chapter 5 (FISCaI) • Develop a Request for Offer, which includes a Scope of Work (SOW), and Bidder Declaration form. For information on the Bidder Declaration requirements, see the SCM, Volume 2, Section 3.5.7 and Volume 3, Section 3.4.7. • Search for potential CMAS contractors on the CMAS website (www.dgs. ca.gov/PD/About/Page-Content/P D-Branch-Intro-Accordion- List/Acquisitions/California-Multiple-Award-Schedules) and select "Find a CMAS Contractor." • Solicit offers from a minimum of 3 CMAS contractors including one small business and/or DVBE, if available, who are authorized to sell the products and/or services needed. • If soliciting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the Request for Offer. This declaration must be completed and returned by the DVBE prime contractor and/or any DVBE subcontractors. (See the SCM Volumes 2, 3, and FISCaI, Chapter 3). • This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intents to award, evaluation criteria, advertising, etc., are not applicable. • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers solicited did not respond with an offer. • Assess the offers received using best value methodology, with cost as one of the criteria. • Issue a Purchase Order to the selected CMAS contractor. • For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non -customizable purchases. Local governments set their own order limits, and are not bound by the order limits on the cover page of this CMAS. April 7, 2021 Ordering Instructions and Special Provisions 5 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO.8 SPLITTING ORDERS Splitting orders to avoid any monetary limitations is prohibited. Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders, per Public Contract Code (PCC) § 10329. Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited, per State Administrative Manual (SAM) § 4819.34. MINIMUM ORDER LIMITATION There is no minimum dollar value limitation on orders placed under this CMAS. ORDERING PROCEDURES 1. Purchase Orders All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1. 1. State Departments: Standard 65 Purchase Documents — State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the DGS -PD website (www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx), select Standard STD Forms. FISCAL Purchase Documents — State departments transacting in FISCal will follow the FISCal procurement and contracting procedures. 2. Local Governmental Departments: Local governmental agencies may use their own purchase document for purchase execution. The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), and the monthly cost (or other intermittent cost), and any other information pertinent to the services being provided. The cost for each line item should be included in the order, not just system totals. The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to the products and services being delivered. April 7, 2021 Ordering Instructions and Special Provisions 6 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 2. Service and Delivery after CMAS Expiration The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). 3. Multiple CMAS Agreements on a Single Purchase Order Agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines: All CMAS must be for the same CMAS contractor. ■ The purchase order must go to one contractor location. • Write the word "CMAS" in the space usually reserved for the contract number. On Standard 65's, this is at the top of the form. The word "CMAS" signifies that the purchase order contains items from multiple CMAS agreements_ The purchasing agency may only use one bill code. • For each individual CMAS (as differentiated by alpha suffix), the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division. The total of all items on the purchase order must not exceed the purchase order limit identified in the CMAS. Do not combine items from both non -IT and Information Technology CMAS agreements. A non -IT CMAS begin with the number "4" and an Information Technology CMAS begins with the number "3." The purchase order limits are different for these two types of CMAS agreements. 4. Amendments to Agency's Purchase Orders Agency purchase orders cannot be amended if the CMAS has expired. The SCM, Volumes 2 & 3, Chapter 6.A5.0 and SCM, Volume FISCal, Chapter 5.A4.0 provides the following direction regarding amendments to all types of LPA purchase orders: Original orders, which include options for changes (e.g., quantity or time), that were evaluated and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an NCB is approved for those amendments. April 7, 2021 Ordering Instructions and Special Provisions 7 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 Amendments unique to non -IT services are covered in the SCM, Volume 2, Chapter 6.132.9 and SCM, Volume FISCal, Chapter 5.A4.1 as follows: If the original contract permitted amendments, but did not specify the changes (e.g., quantity or time), it may be amended, per Public Contract Code (PCC) § 10335 (d)(1). Only a contract may be amended once under this exemption. The time shall not exceed one year, or add not more than 30% of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the NCB process must be followed. Also, see the SCM, Volumes 2 & 3, Chapter 8, Topic 6, for more information on amending purchase orders. CMAS CONTRACTOR OWNERSHIP INFORMATION The CMAS contractor is a large business enterprise. SMALL BUSINESS MUST BE CONSIDERED Prior to placing orders under the CMAS program, State agencies shall whenever practicable first consider offers from small businesses that have established CMAS [Government Code (GC) § 14846(b)]. NOTE: The Department of General Services auditors will request substantiation of compliance with this requirement when agency files are reviewed. CMAS Small Business and Disabled Veteran Partners lists (www.dgs.ca.gov/PD/About/Page- Content/PD-Branch-Intro-Accordion-List/Acquisitions/California-Multiple-Award-Schedules) can be found on the CMAS website by selecting "Find a CMAS Contractor". In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (a fee currently charged to customer agencies to support the CMAS program) for orders to certified small business enterprises. See the current fees in the DGS Price Book at: www.dgs.ca.gov/OFS/Price-Book. SMALL BUSINESSIDVBE - TRACKING State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal. SMALL BUSINESSIDVSE - SUBCONTRACTING 1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE. April 7, 2021 Ordering Instructions and Special Provisions 8 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted: a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order. b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows: List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and Include the SB or DVBE certification number of each company listed, and attach a copy of each certification; and Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order. 3. The ordering agency's purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above. WITHHOLD LANGUAGE (SB5881 Option 1 —Withhold Language Upon delivery or completion of ordered goods or services, for which the Contractor committed to DVBE subcontractor participation, state departments shall require the Contractor to certify all the following: 1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor. 2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor shall provide proof of payment for the work. In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after thirty (30) calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. April 7, 2021 Ordering Instructions and Special Provisions 9 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 Option 2 — No Withhold Language During the contract term, and upon completion of the contract for which a DVBE subcontractor commitment was made, DGS -PD will require the Contractor to certify all participation commitments and payments under the contract have been made to the DVBE. Upon request by DGS -PD, the Contractor shall provide proof of payment for the work. NEW EQUIPMENT REQUIRED The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable. Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards. SPECIAL MANUFACTURED GOODS Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments. For a Non -IT goods CMAS, see the CMAS Non -IT Commodities Terms and Conditions, Provision 69, Progress Payments. PRODUCT INSTALLATION The CMAS contractor is fully responsible for all installation services performed under the CMAS. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. TRADE-IN EQUIPMENT Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order. Agencies are required to adhere to State Administrative Manual (SAM) § 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State-owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes. April 7, 2021 Ordering Instructions and Special Provisions 10 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC State ordering agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery's State Agency Buy Recycled Campaign (SABRC) per Public Contract Code sections 12200-12217. Contractor will be required to complete and return a Recycled -Content Certification form (www.caIrecycle.ca.gov/contracts/forms) upon request by the state ordering agency. PUBLIC WORKS (INSTALLATION SERVICES ONLY) A public works contract is defined as an agreement for "the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind" in accordance with the Public Contract Code (PCC) § 1101. State agencies planning these types of projects need to review the SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Visit the Department of General Services (DGS), Real Estate Services D(vision (RESD) website (www.dgs.ca.gov/RESD) if you have questions about these types of transactions. Agencies are to ensure that the applicable laws and codes pertaining to the contractor and sub- contractor licensing, prevailing wage rates, bonding, labor code requirements, etc., are adhered to by the prime contractor as well as any sub -contractor during performance under the CMAS purchase order. The bond amount for public works is not less than 100% of the purchase order price. NOTE: In accordance with Labor Code (LC) § 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order that the prevailing wage rates are on file at the agency's office, and will be made available upon request. The prevailing wage rates are available from the DIR at www.dir.ca.gov (select Statistics & Research). Bonds: For guidelines, see CMAS, General Terms and Conditions, Public Works Requirements. State Contractor's License: Public works services can be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should contact the State Contractor's License Board (www.cslb.ca.gov) to verify that the Contractor's License shown below is still active and in good standing. The CMAS contractor's California Contractor's License number is 849044. This is a Class C-61, D12, A, C27 license that is valid through 10/31/2022. NOT SPECIFICALLY PRICED (NSP) ITEMS The only time that open market/incidental, non -schedule items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision. April 7, 2021 Ordering Instructions and Special Provisions 11 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 CMAS contractors must be authorized providers of the hardware, software and/or services they offer under the Not Specifically Priced (NSP) Items provision. Agency and CMAS contractor use of the NSP provision is subject to the following requirements: 1. Purchase orders containing only NSP items are prohibited 2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State. 3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the base schedule may not be identified as an NSP item. 4. NSP Installation Services: The CMAS contractor is fully responsible for all installation services performed under the CMAS. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. The total dollar value of all installation services included in the purchase order cannot exceed the dollar value of the products included in the purchase order, nor can they exceed the NSP Maximum Order Limitation. 5. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP items included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost of the order, or $25,000 whichever is lower. 6. An NSP item included in an order issued against a CMAS is subject to all of the terms and conditions set forth in the contract. 7. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract makes specific provisions for this action. In those instances, where it is permitted, the purchase order must include the replacement item and a notation that the purchase involves the swapping of a board. The following NSP items are specifically excluded from any order issued under this CMAS: Items not intended for use in directly supporting the priced items included in the same order. An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the base schedule, is subordinate to a specifically priced printer or facsimile machine, and is eligible to be an NSP item subject to that cable meeting the remaining NSP requirements. However, a printer or facsimile machine, which is not otherwise specifically priced in the base schedule, is not subordinate to a specifically priced cable, and is not eligible to be an NSP item. April 7, 2021 Ordering Instructions and Special Provisions 12 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order. 3. Items that do not meet the Productive Use Requirements for information technology products, per the SCM, Volume 3, Chapter 2, Section 2.66.2 and SCM, Volume FISCal, Chapter 2, Section 2.E3.2. 4. Any other item or class of items specifically excluded from the scope of this CMAS. 5. Public Works components NOT incidental to the total purchase order amount. 6. Products or services the CMAS contractor is NOT factory authorized or otherwise certified or trained to provide. 7. Follow-on consultant services that were previously recommended or suggested by the same CMAS contractor. The CMAS contractor is required to reject purchase orders containing NSP items that do not conform to the above requirements. The CMAS contractor will promptly notify the agency issuing the non -conforming order of its non-acceptance and the reasons for its non-acceptance. STATE AND LOCAL GOVERNMENTS CAN USE CMAS State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including UC, CSU, K-12 schools and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with their procurement policies and regulations. UPDATES AND/OR CHANGES A CMAS supplement is not required for updates and/or changes once the update and/or change becomes effective for the base schedule, except as follows: A CMAS supplement is required when the CMAS is based on specific products and/or services from another contractor's multiple award contract and the contractor wants to add a new manufacturer's products and/or services. A CMAS supplement is required for new federal contract terms and conditions that constitute a material difference from existing contract terms and conditions. A material change has a potentially significant effect on the delivery, quantity or quality of items provided, the amount paid to the contractor or on the cost to the State. April 7, 2021 Ordering Instructions and Special Provisions 13 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 SELF -DELETING BASE SCHEDULE TERMS AND CONDITIONS Instructions, or terms and conditions that appear in the Special Items or other provisions of the base schedule and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States, and/or to any overseas location shall be self -deleting. (Example: "Examinations of Records" provision), Federal regulations and standards, such as Federal Acquisition Regulation (FAR), Federal Information Resources Management Regulation (FIRMR), Federal Information Processing Standards (FIPS), General Services Administration Regulation (CSAR), or Federal Installment Payment Agreement (FIPA) shall be self -deleting. Federal blanket orders and small order procedures are not applicable. ORDER OF PRECEDENCE The CMAS Terms and Conditions takes precedence if there is a conflict between the terms and conditions of the contractor's base schedule, packaging, invoices, catalogs, brochures, technical data sheets or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS). APPLICABLE CODES POLICIES AND GUIDELINES All California codes, policies, and guidelines are applicable. The use of CMAS does not reduce or relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements. Nonetheless, there is no guarantee that every possible requirement that pertains to all the different and unique State processes has been included. PAYMENTS AND INVOICES This CMAS contains prompt payment discounts when full payment is received within 10 days or less of installation completion. See the base schedule for the specific percent of discount. 1. Payment Terms Payment terms for this CMAS are net 45 days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code (GC) § 927 et. seq. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later. April 7, 2021 Ordering Instructions and Special Provisions 14 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 2. Payee Data Record (Standard 204) State Agencies not transacting in FISCal, must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record. 3. DGS Administrative and Incentive Fees Orders from Stale Aaencies: The Department of General Services (DGS) will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses. See the current administrative fees in the DGS Price Book (www.dgs.ca.gov/OFS/Price-Book). Orders from Local Government Agencies: CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and freight) placed against their CMAS. The incentive fee is in lieu of local government agencies being billed the referenced DGS administrative fee. See the current incentive fees in the DGS Price Book. This incentive fee is waived for CMAS purchase orders issued to California certified small businesses. The check covering this fee shall be made payable to the Department of General Services, CMAS Unit, and mailed to the CMAS Unit along with the applicable Quarterly Report. See the provision in this CMAS entitled "Contractor Quarterly Report Process" for information on when and where to send these checks and reports. 4. Contractor Invoices Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following: • CMAS number • Agency purchase order number • Agency Bill Code (State Only) • Line item number • Unit price • Extended line item price ■ Invoice total April 7, 2021 Ordering Instructions and Special Provisions 15 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable. The company name on the CMAS, purchase order and invoice must match or the State Controller's Office will not approve payment. 5. Advance Payments Advance payment is allowed for services only under limited, narrowly defined circumstances, e.g., between specific departments and certain types of non-profit organizations, or when paying another government agency (Government Code (GC) § 11256 —11263 and 11019). It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order. Software warranty upgrades and extensions may also be paid for in advance, one time. 6. Credit Card The CMAS contractor does not accept the State of California credit card (CAL -Card). 7. Lease/Purchase Analysis State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental, and retain a copy for future audit purposes (State Administrative Manual (SAM) § 3710). For short-term rental equipment, the lease/purchase analysis must be approved by the Department of General Services, Office of legal Services. The lease/purchase analysis for all other purchases must be approved by the Department of General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart Administrator, Kris Bianchini via e-mail at kristopher.bianchini@dgs.ca gov for further information. 8. Leasing The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the Supplier will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the supplier on behalf of the State. Buyers may contact the GS SMart Administrator, Kris Bianchini via e-mail at kristoplier.bianchinier�dgs_ca.gov for further information. April 7, 2021 Ordering Instructions and Special Provisions 16 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 S. Maintenance Tax The California Department of Tax and Fee Administration has ruled that in accordance with Section 1546 of the Sales and Use Tax Regulations of the Business Taxes Law Guide, whenever optional maintenance contracts include consumable supplies, such supplies are subject to sales tax. Generally, the State has two options: 1. For agreements that provide for only maintenance services (i.e., the furnishing of labor and parts necessary to maintain equipment), the charges for the provision of maintenance services are not taxable. 2. For agreements that provide for both maintenance services and consumable supply items (i.e., toner, developer, and staples, for example), the provision of the consumable supplies is considered a taxable sale of tangible personal property. Therefore, State agencies awarding optional maintenance contracts are responsible for paying the applicable sales tax on the consumable supplies used during the performance period of the maintenance contract. The Contractor will be required to itemize the consumables being taxed for State accounting purposes. CONTRACTOR QUARTERLY REPORT PROCESS CMAS contractors are required to submit a detailed CMAS Business Activity Report on a quarterly basis to the CMAS Unit. This report shall be mailed to: Department of General Services Procurement Division — CMAS Unit Attention: Quarterly Report Processing PO Box 989052, MS #2-202 West Sacramento, CA 95798-9052 Reports that include checks for incentive fees must be mailed and shall not be e-mailed. All other reports may be e-mailed to the attention of Quarterly Report Processing as follows: CMAS Unit E -Mail: cmas@dgs.ca.gov For the full instructions on completing and submitting CMAS Quarterly Business Activity Reports, and a soft copy of a blank quarterly report form, go to the CMAS website (www. dgs. ca. gov/PD/About/Page-Content/PD-Bra nch-I ntro-Accordion-List/Acq u isitio ns/Californ ia- Multiple-Award-Schedules) and then select "File a CMAS Quarterly Report". April 7, 2021 Ordering Instructions and Special Provisions 17 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 Important things to remember regarding CMAS Quarterly Business Activity Reports: • A report is required for each CMAS, each quarter, even when no new purchase orders are received in the quarter. ■ A separate report is required for each CMAS. • Each purchase order must be reported only once in the quarter identified by the purchase order date, regardless of when the services were performed, the products were delivered, the invoice was sent, or the payment was received. ■ Purchase orders from State and local government agencies must be separated on the report, as shown in the instructions. • CMAS contractors must report the sales activity for all resellers listed on their CMAS. • Any report that does not follow the required format or excludes required information will be deemed incomplete and returned to the CMAS contractor for corrections. ■ Taxes and freight must not be included in the report. • CMAS contractors must attach to their quarterly report a check covering the required incentive fee for all CMAS sales to local government agencies. • New CMAS agreements and supplements will be approved only if the CMAS contractor has submitted all required quarterly reports and incentive fees. CMAS Quarterly Business Activity Reports are due in the CMAS Unit within two weeks after the end of each quarter as shown below: Quarter 1 January 1 to March 31 Due April 15 Quarter 2 April 1 to June 30 Due July 15 Quarter 3 July 1 to September 30 Due October 15 Quarter 4 October 1 to December 31 Due January 15 CONTRACTOR QUARTERLY INCENTIVE FEES CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and freight) placed against their CMAS. The incentive fee is in lieu of local government agencies being billed the referenced DGS administrative fee. See the current incentive fees in the DGS Price Book. CMAS contractors cannot charge local government agencies an additional charge on a separate line item to cover the incentive fee. The CMAS contractor must include the incentive fee in the price of the products or services offered, and the line item prices must not exceed the applicable base schedule prices. A local government agency is any city, county, district, or other local governmental body, including the California State University (CSU) and University of California (UC) systems, K-12 public schools and community colleges empowered to expend public funds. This incentive fee is waived for CMAS purchase orders issued to California certified small businesses. April 7, 2021 Ordering Instructions and Special Provisions 18 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO.8 The check covering this fee shall be made payable to the Department of General Services, CMAS Unit, and mailed to the CMAS Unit along with the applicable QuarterIV Report. See the provision in this CMAS entitled "Contractor Quarterly Report Process" for information on when and where to send these checks and reports. OBTAINING COPY OF ORIGINAL CMAS AND SUPPLEMENTS A copy of a CMAS and supplements, if any, can be obtained at Cal eProCure (caleprocure.ca.gov). A complete CMAS consists of the following: • CMAS cover pages (which includes the signature page, ordering instructions and special provisions, and any attachments or exhibits as prepared by the CMAS Unit) • CMAS Terms and Conditions. • Base schedule terms and conditions • Product/service listing and prices • Supplements, if applicable. It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base schedule rates. To streamline substantiation that the needed items are in the base schedule, the agencies should ask the CMAS contractor to identify the specific pages from the base schedule that include the required products, services, and prices. Agencies should save these pages for their file documentation. CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature, and does not provide a Commercially Useful Function (CUF). It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs. AGENCY RESPONSIBILITY Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not necessarily limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State's interests, obtaining required approvals, and documenting compliance with Government Code (GC) § 19130.b (3) for outsourcing services. It is the responsibility of each agency to consult as applicable with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If you do not have legal services available to you within your agency, the DGS Office of Legal Services is available to provide services on a contractual basis. April 7, 2021 Ordering Instructions and Special Provisions 19 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 CONFLICT OF INTEREST Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information. FEDERAL DEBARMENT When federal funds are being expended, the agency is required to obtain (retain in file) a signed "Federal Debarment" certification from the CMAS contractor before the purchase order is issued This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). CONTRACTOR TRAVEL The Travel provision is not applicable to this CMAS. LIQUIDATED DAMAGES FOR LATE DELIVERY The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable. ACCEPTANCE TESTING CRITERIA If the agency wants to include acceptance testing for all newly installed technology systems, and individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable. AMERICANS WITH DISABILITY 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. See Attachment A for Procurement Division's ADA Compliance Policy of Nondiscrimination on the Basis of Disability. Individual government agencies are responsible for self -compliance with ADA regulations. Contractor sponsored events must provide reasonable accommodations for persons with disabilities. April 7, 2021 Ordering Instructions and Special Provisions 20 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO.8 DGS PROCUREMENT DIVISION CONTACT AND PHONE NUMBER Department of General Services Procurement Division, CMAS Unit 707 Third Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605-2811 Phone # (916) 375-4365 April 7, 2021 Ordering Instructions and Special Provisions 21 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 8 ATTACHMENT A ADA NOTICE Procurement Division (State Department of General Services) AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY To meet and carry out compliance with the nondiscrimination requirements of the Americans with Disabilities Act (ADA), it is the policy of the Procurement Division (within the State Department of General Services) to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable accommodation to participate in the Procurement process, or for persons having questions regarding reasonable accommodations for the Procurement process, please contact the Procurement Division at (916) 375-4400 (main office); the Procurement Division TTY/TDD (telephone device for the deaf) or California Relay Service numbers which are listed below. You may also contact directly the Procurement Division contact person who is handling this procurement. Important: To ensure that we can meet your need, it is best that we receive your request at least 10 working days before the scheduled event (i.e., meeting, conference, workshop, etc.) or deadline due -date for procurement documents. The Procurement Division TTY telephone numbers are: Sacramento Office: 916-376-5127 (CALNET 480-5127) The California Relay Service Telephone Numbers are: Voice: 1-800-735-2922, or 7-1-1 Speech to Speech Service: 1-800-854-7784 April 7, 2021 Ordering Instructions and Special Provisions 22 LPA Contract Details Contract ID 4-06-78-0031A Contract Type CMAS Acquisition Type Status NON -IT Goods Active Description Commodity Equipment and Service Supplier ID 0000011110 Begin Date 10/07/2016 Contract Administrator Buyer Katelynne Leisenring Department DGS - Statewide Procurement Categories UNSPSC UNSPSC Description Supplier Name FIELDTURF USA INC Expire Date 08/06/2026 Email katelynne.teisenring@dgs.ca.gov Phone 49161700 Sports & Rec Equip -Track sports equipment Page 1 of 2 1-3 of 3 https://caleprocure.ca.gov/pages/LPASearch/lpa-details-print.html 12/2/2021 Page 2 of 2 UNSPSC UNSPSC Description 30121803 Landscape architecture materials -Artificial turf 95122302 Permanent buildings & structures for build or maintenance - Sports & health buildings & structures -Sports ground Attachments lofl Attachment File 4-06-78-0031A,_8. pd f https://caleprocure.ca.gov/PSRelay/ZZ—PO.ZZ—CTR—SUP_CMP.GBL? Page=ZZ_CTR_SU P_PG&Acti on=U&S ETI D=STATE&C NT RCT_I D=4 -06-78-0031A https://caleprocure.ca.gov/pages/LPASearch/lpa-details-print.html 12/2/2021 EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Construction Contracts Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $2,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. 5. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp olect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. Page 1 1 of 2 pages I Risk: rev. 3/11/2018 (e) Notice of Cancellation or Chane in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. (f) Continuity of Covera e All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 at seq.). (g) Failure to Comg_ly If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1 st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at anytime. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Q) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Builder's Risk [Course of Construction) Insurance Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site. (1) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (m) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages I Risk: rev. 3/1/2018 Capital Improvement Plan FY 2021-2022 Project Title: Tony Zupo Field Munis Project Code: PKCP-22004 #193 Section I: Description District Nos: 2 Project Length multi-year Priority High Repair and restore the grandstand, press box, storage rooms, backstop, underground infrastructure, and path of travel needs all of which are insurance items most of which will be coverd by the insurance policy. Additional construction not covered by the insurance deductible includes: Washington Street improvements, storm water and pavement, construction of new bull pen areas at the ends of the new proposed accessible dugouts, replacement of out of play baseline chain link fencing on the first and third base sides, underground utilities (storm, electrical, water and sewer) and miscellaneoous concrete flat work. Justification/factor driving project On Sept. 16, 2020 at the regular city council meeting, staff updated council members on Tony Zupo Field regarding insurance settlement projects, ADA compliance and building code requirements related to the arson fire that destroyed the main grandstand area, storage room space and press box. Based off of that meeting the consensus was to restore Tony Zupo Field up to current building code requirements. Additional Information Phase 1415 (conceptual plan) -Construct new bullpen areas at the end of the new dugouts, Phase 1--16 (conceptual plan) Replace out of play baseline chain link fencing on on 1st and 3rd base sides (In total #15 and #16 cost $105,000 *misc-currently looking at funding through donations pushed out to FY 2023) --Future Phases include Phase 2 ($900K-$1.2 mill), Phase 3 ($550K -$650K), Phase 4 ($600K -$700K), Phase 5 ($450K to $525K), Phase 6 ($325K -$400K), and Phase 7 ($280K -$320K) *calling all future phases Miscellaneous (see attachment for Phase 2.7 details) Section II: Estimated Project Costs Expenditure Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total Estimate Budget Contracts $ 77,567 $ 1,897,440 $ 1,975,007 _ Miscellaneous $ - $ 250,000 $ 250,000 Internal Staff $ $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 90,000 $ 210,000 Miscellaneous $ - $ 105,000 $ 1,200,000 $ 650,000 I $ 700,000 $ 1,245,000 $ 3,900,000 Total Capital Costs $ 77,567 $ $ 2,177,440 $ 105,000 $ 1,230,000 $ 680,000 $ 730,000 $ 1,335,000 $ 6,335,007 Section III: Funding Sources/Methods of Financing Funding Source(s) Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total Estimate Budget 200 - Parks Operating $ 13,237 $ 13,237 432 - Parks&Rec Capital $ - $ 1,155,000 $ 105,000 $ 1,230,000 $ 680,000 $ 730,000 $ 1,335,000 $ 5,235,000 660 - General Liability $ 64,330 $ 1,022,440 $ 1,086,770 Total Project Financing $ 77,567 $ $ 2,177,440 $ 105,000 $ 1,230,000 $ 680,000 $ 730,000 $ 1,335,000 $ 6,335,007 Section IV Operating Budget Impact Operating Cost or (savings) Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total Estimate Budget Personnel $ $ Other Operating Costs $ $ - $ Total Operating Impact $ - $ - is - $ - $ - $ - $ - $ - RESOLUTION NO. 2022-26 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO WAIVE BIDDING PROCESS AND PURCHASE MATERIALS AND SERVICES FROM FIELD TURF USA, INC., OF MONTREAL, QUEBEC, FOR THE GRAPE BOWL ALL-WEATHER TURF REPLACEMENT PROJECT UTILIZING CMAS CONTRACT NO. 4-06-78-0031A WHEREAS, on April 7, 2010, the contract for the Grape Bowl All -Weather Surface Project was awarded to Western Engineering Contractors, Inc., of Loomis, and the contract for the purchase and installation of the all-weather surface was awarded to Field Turf USA, Inc., of Montreal, Quebec; and WHEREAS, the all-weather playing surface has a playable lifespan of 10 to 12 years. With the increased play of recreational and competitive soccer, football, and constant UV exposure, the field has broken down; and WHEREAS, repairs are needed to address the depressed locations of the perimeter trench drainage on the north and south sides; and WHEREAS, staff recommends authorizing the City Manager to waive the bidding process and purchase materials and services from Field Turf USA, Inc., of Montreal, Quebec, for the Grape Bowl All -Weather Turf Replacement Project utilizing CMAS contract No. 4-06-78-0031A. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to waive the bidding process and purchase materials and services from Field Turf USA, Inc., of Montreal, Quebec, for the Grape Bowl All -Weather Turf Replacement Project in the amount of $760,000, utilizing CMAS contract No. 4-06-78-0031A; and BE IT FURTHER RESOLVED pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced documents) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: February 16, 2022 I hereby certify that Resolution No. 2022-26 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN. COUNCIL MEMBERS — None 4a"'_Z' W?.,- /.,- -K ".f0 PAMELA M. FARRIS Assistant City Clerk 2022-26