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CC AG PKT 2014-06-09 #F
TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby, Director of Public Works SUBJECT: AWARD A CONTRACT FOR CITY YARD REMODEL PROJECT BG1403 M] That the City Council adopt Resolution No. 6469 for City Yard Remodel Project BG1403 to: 1. Approve the plans and specifications for the City Yard Remodel Project BG1403; 2. Award a construction contract to IBN Construction Inc. for $344,500 for City Yard Remodel Project BG1403; 3. Authorize the City Manager to execute the contract on behalf of the City and approve contract changes not to exceed $34,000; 4. Authorize $5,000 for inspection services by Casulas Construction Services; 5. Authorize purchase and installation of furniture from Corporate Business Interiors for $35,231.62; & Authorize $8,500 for a construction and restrooms trailer with utility hook ups by IBN Construction, Inc.; 7. Authorize $6,300 for Information Technology services by Global Cabling Systems; and 8. Approving Budget Amendment 14-12-01 allocating $158,300 for the City Yard Remodel Project BG1403. r t i i uax� The City Maintenance Yard has been identified as a need for upgrade within the 2012 Citywide Facilities Master Plan. The FY 2013114 Budget includes City Corporation Yard Remodel Project BG1403 in the amount of $300,000. This project has been included within the Capital Improvement Program to perform a remodel of the Public Works Administration Building. This will not include the garages, equipment bays, mechanic shop,etc. Agenda Item — F At the October 14, 2013 City Council meeting, Council awarded a design con-tract to D. Michael Hamner Architects (DMHA) to prepare plans and specifications for the City Yard Remodel Project. The plans and specifications have been completed and approved by the City Engineer. The plans are available to be viewed in the office of the City Engineer. The scope of work will improve the main office building at the Corporation Yard. The project will: • Create a new visitor counter and customer service window for the public • Bring the building and restrooms into compliance with the Americans with Disabilities Act (ADA) requirements • Seismically retrofit the building • Replace failing roof for the building • Replace 40 year old furniture in the building This new layout will require new furniture. Corporate Business Interiors provided a furniture quote based on the California Multiple Award Schedules (CMAS). CMAS offers a wide variety of commodities, non-IT services and information technology products and services at prices which have been assessed to be fair, reasonable and competitive. State law and the Municipal Code permit the City to contract in conjunction with CMAS contracts without advertising for bids for the furniture because the CMAS statewide bid list has already been competitively bid at a statewide level. The cost for the furniture and its installation would be $36,000, and would be procured through purchase orders. The purchase orders for the furniture would be expressly linked to the terms of the CMAS contracts, which are included as exhibits to this report. In preparation of the design plans, the architect recommended the roof to be replaced. The roof has numerous leaks and has deteriorated over the years. Due to budget constraints, an add alternative was placed on the bid sheet to see what bid prices would be. If F I I The lowest responsive responsible bidder was from IBN Construction Incorporated for $344,500 for the City Yard Remodel Project BG1403. References were checked for IBN Construction Incorporated and they have successfully completed projects similar in scope to this project. =0 Add Contractor Base bid Alternatives Total IBN Construction Inc. $304,500 $40,000 $344,500 Ramco Engineering $345,161 $50,600 $400,511 General Consolidated Constructors $650,280 $59,100 $717,870 The lowest responsive responsible bidder was from IBN Construction Incorporated for $344,500 for the City Yard Remodel Project BG1403. References were checked for IBN Construction Incorporated and they have successfully completed projects similar in scope to this project. =0 In order to reduce the construction time (also construction cost) and inconvenience to the staff and public, the building will be vacated during the construction. A temporary construction trailer and restrooms will be onsite during construction for approximately three months. The estimated cost will be $8,500. The City currently contracts with Synoptek for Information Technology services for computer and networking equipment but not rewiring of new cabling for computers and printers. Under the supervision of the City and Synoptek, Global Cabling Systems will provide all new wiring for the public works administration building and wiring for the temporary trailer for under $6,300. This project is categorically exempt from review under California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the State CEQA Guidelines, which exempts the minor alteration of existing public structures such as the proposed remodeling of City Yard Building. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. In the approved FY 2013114 Budget, $150,000 from Sewer Capital and $150,000 from Water Capital totaling $300,000 has been budgeted for the City Yard Remodel BG1403. A breakdown of the expenses for the project is as follows: Design — DMHA Architects $24,000 Furniture — Corporate Business Interiors $36,000 Construction Contract — IBN Construction, INC. $344,500 Change Order (10%) $34,000 Construction & Restroorn Trailer and Utility Hook Ups - IBN $8,500 Network Cabling — Global Systems $6,300 Inspection — Casulas Construction $5,000 Total $458,300 With a project budget of $300,000 and an estimated project cost of $458,300, there is a $158,300 short fall. $79,150 of Sewer Capital and $79,150 of Water Capital totaling $158,300 is requested to cover the shortfall. There will be no General Funds requested, AM ski ii 1 0 That the City Council adopt Resolution No. 6469 for City Yard Remodel Project BG1403 with the following actions: 1. Approve the plans and specifications for the City Yard Remodel Project BG1403; 2. Award a construction contract to IBN Construction Inc. for $344,500 for City Yard Remodel Project BG1403; 3. Authorize the City Manager to execute the contract on behalf of the City and approve contract changes not to exceed $34,000; 4. Authorize $5,000 for inspection services by Casulas Construction Services; 5. Authorize purchase and installation of furniture from Corporate Business Interiors for $35,231.62; 6. Authorize $8,500 for a construction and restrooms trailer with utility hook ups by IBN Construction, Inc.; 7. Authorize $6,300 for Information Technology services by Global Cabling Systems; and & Approving Budget Amendment 14-12-01 allocating $158,300 for the City Yard Remodel Project BG1403. QUBMI Sean P. Crumby, P.E. Ingram: City ger 11kirector of Public Works Prepared by: Michael Ho, Deputy DPW/City Engineer Attachments: A. Resolution No, 6469 B. Construction Agreement IBN Construction Inc. C. Furniture Proposal — Corporate Business Interiors — Allsteel Inc. D. Furniture Proposal — Corporate Business Interiors — National Office Furniture, Inc. E. Network Cabling Proposal — Global Cabling Systems A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONTRACT FOR CITY YARD REMODEL PROJECT BG1403 AND APPROVING RELATED EXPENDITURES THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: Section 1. In its assessment ofthe condition of City owned property. City staff determined that City Yard Building needed improvements. A000nding|y, in the City Budget for P/ 2013/14. the City Council allocated funding for "City Yard Remodel Project No. BG1403.^ Section 2. The City Council hereby approves the plans and specifications for City Yard Remodel Project No. BG14D3 (the Pnojad). Section }. The City Council hereby approves Budget Amendment Nn. 14'12'01b» allocate $1S8.3OOin account number O45-333-44O0UBC)14U3 for the Project. Revised/Adopted Proposed sud8et(din) Description Account Budqet� Water Capital 019'950-*9805 $150.000 $229.150 $79.150 Sewer Capital 044'875-49605 $150.000 $228.150 $7e.150 Section 6. The City Council hereby awards a construction contract for the Project hm|BNin the amount nf$34450Q. The City Council is authorized and directed to execute the contract on behalf ofthe Chy, and further authorized to approve contract changes not ho exceed $34'OOO. Section 7, The City Council hereby approves (1) the purchase of furniture for the project from CBI at the cost of $35.231.62; (2) the temporary installation of construction trailer and nemtrpomsvv|th utility hook ups from |BN at an estimated cost of $8.500; and (3) procurement of cabling and rewiring services from Global Cabling Qyyhamy Incorporated for $6.3000. The City Manager is authorized to execute all necessary aQnaemenbs, contracts and purchase orders for these purposes PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held mn the _ 9thday of June .2U14by the following vote: AYES: Council Members NOES: Council Members ABSTAIN: Council Members City Clerk Resolution Number 848S STATE 0F CALIFORNIA } COUNTY OFORANGE lSS CITY OF SEAL BEACH [ Linda Devine City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 8469 _on file in the office of the City C|erh, pammed, appnovod, and adopted by the Seal Beach City Council ata regular meeting held on the __{9th __day of__ June ___ .2014. City Clerk ATTACHMENT "B„ ON Construction Agreement PUBLIC WORKS AGREEMENT FOR CITY CORPORATION , REMODEL between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 M IBN Construction, Inc. 2050 west Chawan Avenue -. Orange, CA . :.: 494-7490 798-7870 THIS AGREEMENT is made as of June 9, 2014, by and between the City of Seal Beach, a California charter city ( "City "), and IBN Construction, Inc., a General Contractor ( "Contractor"). RECITALS WHEREAS, the City Council has approved the plans and specifications for the City Corporation Yard Remodel Project No. BG1403 ( "Project ") with respect to design criteria; and WHEREAS, Contractor has submitted a bid to City for the Project dated May 20, 2014 in the amount of $344,500.00 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT Contractor's Services. Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ( "Work ") required by this Agreement and the documents listed in Subsection 1.2 for the Project. Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. Effective Date. This Agreement is effective as of June 9, 2014 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $344,500.00, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. The City Manger may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Contractor's Personnel. All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids /Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. Indemnification. Contractor's Duty. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees ") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims "), in any manner arising out of or incident to the performance of the Agreement, including without limitation, the payment of all consequential damages and attorneys' fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. City's Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnitees. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Insurance Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: General Liability. Exhibit D-1: Additional Insured Endorsement - Commercial Exhibit D-3: Additional Insured Endorsement. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors, (Form B). Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. Deductibles and Self-insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. Each insurance policy, except for any professional liability policy, required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIlI unless waived in writing by City's Risk Manager. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per them rate of $750.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street Seal Beach, California 90740 If to Contractor: IBN Construction, Inc. 2050 West Chapman Avenue, #246 Orange, CA 92868 Telephone: (213) 494-7490 Fax: (714) 798-7870 Attn: Michael Reda Bishara Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements, This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement, Severabilily. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH LIM Jill R. Ingram, City Manager Name.- —Michael Bishara Attest: Title: By: Linda Devine, City Clerk Name Approved as to Form'. Title-. By: Quinn M. Barrow, City Attorney President "` ' l��l 0• Corporate Business Interiors Allsteel Inc. Ca:> a'pc>ff—atea Susiroess 111teeiors CUSTOMER: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 PH# FAX NUMBER# CUSTOMER P.O.# 1 8 AW3LF306 OT .X $(LICORE) .TM33 .EU .AGO DATE PROPOSAL# 05/21/14 53987A PROJECT #: 2 -849 INSTALL AT: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 Corporate Yard - Allsteel SALESPERSON TERMS LYN VERNAZZA CMAS ALLSTEEL PURCHASE ORDERS SHOULD BE ISSUED TO: ALLSTEEL C/O CORPORATE BUSINESS INTERIORS 2210 SECOND AVENUE MUSCATINE, IA 52761 -5257 CONTRACT NUMBER:4- 09- 71 -0087A PLEASE MAKE "SHIP TO" READ: CBI /COI 8513 ROCHESTER AVE. RANCHO CUCAMONGA, CA 91730 30Dx60W Aware Top Lam F1atEdg for T -Fixed or Nest Standard Wood Ll Core Lam Opts Lam: Whitestone Edg: Muslin No Cutouts Tag(s): CONF RM SHIP VIA 152.64 1,221.12 0f J F`. , i t, -100, ` I 7 1 A CUSTOMER: CITY OF SEAT, BEACH 211 8TH STREET SEA-- BEACH, CA 90740 PH# DATE RCPCSAL# C5/21/1]4 53987A PROJECT#: 2-849 INSTAL-- AT: CITY OF SEA- BEACH 211 8TH STREET SEAL BEACH, CA 90740 Corporate Yard - Allsteel FAX NUMBER# CUS-_CMER P.O.# SALESPERSON ESPERSON TERMS SHIP VIA LYN VERNAZZA CMAS 2 8 AW2VM30N Aware 30D x 60W NestingV-Leg 314.28 2,514.24 60CB CSTR Pnt(Kit) $(SELECT) 'Select' Clr Opts .PR2 CLR: Platinum Metallic .S Caster: Silver CONF RM 3 20 INST-NCA Inspire 4-Leg 147.38 2,947.60 NO Stack-Armless-No Uph-Casters .3 Multi-surface Caster .N No Arm Cap .PR6 Silver .BW CLR: Brownstone Tag(s): CONF RM 4 3 Z5SC54 42W External Supt Channel 15.11 45.33 for 54W W/S Tag(s): PRIVATE OFFICES 5 1 ELF830NA Ess Lat 30W 28H 2-12" Drws 261.54 261.54 Arch Pull $(CORE) Core Clr Opts .P7D CLR: Brownstone .EL PULL: Matte Silver .STD Standard Random key Tag(s): PRIVATE OFFICES 6 2 CE1636FD Ess OH Stg Cab 36W/Sq Pr_,7id 145.64 291.28 N Flip Door No Pull $(COREPNT) Core Clr Opts .P7D CLR: Brownstone CONTINUED... PAGE 2 CUSTOMER: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 PH# FAX NUMBER# CUSTOMER P.O.# DATE IPROD-OSAL# 1 05121/141 53987A R ROJECT#: 2 -849 INSTALL AT: CITY O SEAL BEACH 211 8TH STREET SEAL B ACH, CA 90740 Corporate Yarcl - Allstee7 SALESPERSON TERMS SHIP VIA LYN VERNAZZA CMAS # QTY PRODUCT DESCRIPTION SELL EACH SELL EXTEND .STD Standard Random key Taq(s): PRIVATE OFFICES 7 2 CE1642FD Ess OH Stq Cab 42W/Sq Pntd N Flip Door No Pull $(COREPNT) Core Clr Opts .P7D CLR: Brownstone .STD Standard Random key Taq(s): PRIVATE OFFICES 8 2 CE1648FD Ess OH Stq Cab 48W/Sq Pntd N Flip Door No Pull $(COREPNT) Core Clr Opts .P7D CLR: Brownstone .S'-7D Standard Random key Taq(s): PRIVATE OFFICES 9 2 CE1660FD Ess OH Stq Cab 60W/Sq Pntd N Flip Door No Pull $(COREPNT) Core Clr Opts .P7D CLR: Brownstone .STD Standard Random key Taq(s): PRIVATE OFFICES 10 5 PF197-20 Ess Support Ped BBF 28H 3A 19-7/8D Arch Pull $(CORE) Core Clr Opts .P7D CLR: Brownstone .E-- PULL: Matte Silver .STD Standard Random key Taq(s): PRIVATE OFFICES PAGE 3 153.05 306.10 158.18 316.36 230.00 460.00 155.61 778.05 B" h, � . . ... .. CUSTOMER: CITY OF SEA'- BEACH 211 8TH STREET SEAL BEACH, CA 90740 PH# L P F P 0 I DATE IPROPOSAL# 1 05/21/14 153987A PROJECT#: 2-849 INSTALL AT: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 Coroarate Yard - Allsteel FAX NUMBER# CUSTOMER P.O.# SALESPERSON TERMS SHIP VIA LYN VERNAZZA CTMAS # QTY PRODUCT DESCRIPTION SELL EACH SELL EXTEND 11 3 T624FB Flat Bracket 24:) 11.40 34.20 Tag(s): PRIVATE OFFICES 12 7 CEP2429F Freestanding 24DX29-1/2H End 43.32 303.24 Pnl Sup $(COREPNT) Core Clr Opts .P7D CLR: Brownstone Tag(s): PRIVATE OFFICES 13 3 CSL2429F Freestanding 24Dx29-1/2H Sup 37.34 Leg $(COREPNT) Core C-1r Opts .P7D CLR: Brownstone Tag(s): PRIVATE OFFICES 14 6 CDG Gussets (1 Pr) 28.22 169.32 $(COREPNT) Core Cir Opts .P7D CLR: Brownstone Tag(s): PRIVATE OFFICES 15 3 CS544 Half Hq-_ 14Hx54W Mod Pnl 41.90 125.70 $(COREPNT) Core C__r Op--s .P7D CLR: Brownstone Tag(s): PRIVATE OFFICES 16 8 TW-_H Horizontal Wall Track 19.10 152.80 Tag(s): PRIVATE OFFICES PAGE 4 CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 PH# P F DATE PROPOSA__# 05/21/14 53987A PROJECT#: 2-849 INSTALL AT' . CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 Corporate Yard - Allsteel FAX NUMBER# CUSTOMER P.O.# SALESPERSON TERMS SHIP VIA LYN VERNAZZA CMAS # QTY PRODUCT DESCRIPTION SELL EACH SELL EXTEND 17 2 T54722JL Jetty 48x72 24L/30R LH Flat 224.30 448.60 Eg w/Grommet $(LICORE) L__ Care Lam Opts .TM33 Lam: Whites--one .EU Edg: Muslin .P Plastic Grommet Tag(s): PRIVATE OFFICES 18 T54722JR Jetty 72x48 30L/24R RH Flat 224.30 224.30 Eg w/Grommet $(L1CORE) Ll Core Lam Opts .TM33 Lam: Whitestone .EU Edg: Muslin .P Plas--ic Grommet Tag(s): PRIVATE OFFICES 19 3 T52436S Primary 24Dx36W Flat Eg Lam 75.81 227.43 w/Gromme-_ $(LlCORE) Ll Core Lam Opts .TM33 Lam: Whitestone .EU Edg: Muslin .P Plastic Grommet Tag(s): PRIVATE OFFICES 20 I T52472S Primary 24Dx72W Fla- Eg Lam 127.68 127.68 w/Grommets $(L-iCORE) Ll Core Lam Opts .TM33 Lam: Whitestone .EU Edg: Muslin .P Plastic Grommet Tag(s): PRIVATE OFFICES PAGE 5 Corvor<lte CUSTOMER: CITY OF SEAL BEACH 21-1 8TH STREET SEAL BEACH, CA 90740 PH# - '--' L P F, _-.1 'r " 1, 1 S DATE PROPOSAL# 1;5/21/14 I 53987A FROJECT#: 2-849 INSTALL AT. CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 9C74C Corporate Yard - Allsteel FAX NUMBER# CUSTOMER P.O.# SALESPERSON TERMS SHIP VIA LYN VERNAZZA CMAS 21 1 T52484S Primary 24Dx84W Flay Eg Lam 173.28 173.28 w/Grommets $(LlCORE) Ll Core Lam Opts .TM33 Lam: Whitestone .EU Edg: Muslin .P Plast]'-c Grommet Tag(s): PRIVATE OFFICES 22 4 RL-MHW Relate Std Mesh High-Bk/Adj 427.88 1,711.52 Arms .2 Standard cylinder .0 Hard Casters .L Lumbar .CBK Charblack LKM01 C-LR: Carbon $(A) GRD A UPH .PNS FAB: Appoint 2 003 CLR: Espresso Tag(s): PRIVATE OFFICES 23 1 912OR120 Spcl Size 310.65 310.63 24 108-1/8-120Wx18-1/8-24D Flat Eg .G4 Pr 4-1/2" fr Sd/4-1/2" fr Rear P Plastic Grommet $(LICORE) Ll Core Lam Op r-s .TM33 Lam: Whitestone .EU Edg: Mus--in .1200W 12011w X240C 24" Depth Tag(s): PRIVATE OFFICES PAGE 6 "14,-) 227 3�00 f. 7' 1-1 6- I i CUSTOMER: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 F, F P L DATE PROPOSA 05/21/14 53987A PROJECT#: 2-849 INSTALL AT: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 Corporate Yard - Allsteel AX NUMBER4 CUSTOMER P.O.# SALESPERSON TERMS SHIP VIA LYN VERNAZZA CMAS 24 2 ZWMTB203 Strd 20Hx36W Wall-Mounted 144.93 289.86 6 Tackboard $(2) GRD 2 FAB Undecided FABRIC Option Taq(s): PRIVATE OFFICES 25 2 ZWMTB204 Strd 20Hx42W Wa 17 -Mounted 147.40 294.80 2 Tackboard $(2) GRD 2 FAB ti Undecided FABRIC Option Tag(s): PRIVATE OFFICES 26 2 ZWMTB204 Strd 20Hx48W Wall-Mounted 148.78 297.56 8 Tackboard $(2) GRD 2 FAB Undecided FABRIC Option Taq(s): PRIVATE OFFICES 27 2 ZWMTB206 Strd 20Hx6OW Wail-Mounted 152.08 304.16 0 Tackboard $(2) GRD 2 FAB Undecided FABRIC Option Tag(s): PRIVATE OFFICES 28 3 TT629SC Sup Column 29-1/2Hx3 Dia. 40.76 122.28 $(COREP1) Core Cir Opts .P7D CLR: Brownstone Taq(s): PRIVATE OFFICES 29 2 Z5SC54 42W External Supt Channel 15.11 30.22 for 54W W/S CONTINUED... PAGE 7 'Corporate ETusee�e�s ie�tc�.r�ioe� 35-0 PhI m--, r 4�) 3N'1O F, ,.<. l i E; ; CUSTOMER: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 PH# FAX NUMBER# CUSTOMER P.O.# f It _ F' -; ,, L DATE PROPOSAL# 05/21/14 53987A PROJECT #: 2 -849 CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 Corporate Yard - Allsteel SALESPERSON TERMS SHIP VIA LYN VERNAZZA CMAS PAGE 8 Tag(s): SECRETARY 30 1 T5922ERN Corner Cove 36x72- 24L/24R 161.88 161.88 Extd RH Flat w/o Grom $(LICORE) Ll Core Lam Opts .TM33 Lam: Whitestone .EU Edg: Muslin Tag(s): SECRETARY 31 1 ELF536NA Ess Lat 36W 64 -1 /4H 12" R/0 617.41 617.41 4 -12" Drws Arch Pull $(CORE) Core Cir Opts .P-/D CLR: Brownstone .EL PULL: Matte Silver .STD Standard Random key Tag(s): SECRETARY 32 2 PF197 -20 Ess Support Ped BBF 28H 155.61 311.22 3A 19 -7 /8D Arch Pull $(CORE) Core Clr Opts .P-/D CLR: Brownstone .EL PULL: Matte Silver .STD Standard Random key Tag(s): SECRETARY 33 2 T624FB Flat Bracket 24D 11.40 22.80 Tag(s): SECRETARY PAGE 8 Coe'Por to BLJ AnPss Irlcoriors -I J.ui�t Cl" e' ✓��. I! -. .f t: �.n F�, t�i. ....._i...� CUSTOMER: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 PH# Ft-' F' L DATE PROPOSAL# 05/21/14 53987A PROJECT #: 2 -849 INSTALL AT: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 9C740 Corporate Yard - Allsteel FAX NUMBER# CUSTOMER P.O.# SALESPERSON TERMS SHIP VIA LYN VERNAZZA CMAS 34 4 CEP2429F Freestanding 24DX29 -1 /2H End 43.32 173.28 Pnl Sup $(COREPNT) Core Clr Opts .P7D CLR: Brownstone Tag(s): SECRETARY 35 1 CSL2429F Freestanding 24Dx29 -1 /2H Sup 37.34 37.34 Leg $(COREPNT) Core Clr Opts .P7D CLR: Brownstone Tag(s): SECRETARY 36 1 CS729 Full -Hgt 29- 1 /2Hx72W Mod Pnl 46.17 46.17 $(COREPNT) Core Clr Opts .P7D CLR: Brownstone Tag(s): SECRETARY 37 2 CDG Gussets (1 Pr) 28.22 56.44 $(COREPNT) Core Clr Opts .P7D CLR: Brownstone Tag(s): SECRETARY 38 3 SC236I Persona 27- 3/4Hx36W Storage 317.63 952.89 Cab 1 Adj Shelf Int Pull $(COREP3) Core Clr Opts .P7D CLR: Brownstone .STD Standard Random key Tag(s): SECRETARY 39 1 T52454S Primary 24Dx54W Flat Eg Lam 99.47 99.47 w /Grommets $(LICORE) Ll Core Lam Opts CONTINUED... PAGE 9 corporats 84'1-Ane's Intoriol", CUSTOMER: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 PH# FAX NUMBFR# CUSTOMER P.O.# F DATE PROPOSAT # 05/21/14 53987A PROJECT#: 2-849 INSTALL AT: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 Corporate Yard - Allstee, SALESPERSON TERMS LYN VERNAZZA CMAS SHIP VIA .TM33 Lam: Whitestone .EU Edg: Muslin .P Plastic Grommet Tag(s): SECRETARY 40 2 RL-MHW Relate Std Mesh H-�'_gh-Bk/Adj 427.88 855.76 Arms .2 S--andard cylinder .0 Hard Casters .L Lumbar .CBK Charblack LKM01 CLR: Carbon $(A) GRD A UPH .PNS FAB: Appoint- 2 003 CLR: Espresso Tag(s): SECRETARY 41 1 9120R120 Spcl Size 310.65 310.65 24 108-1/8-120Wxl8-1/8-24D Flat Eg .G4 Pr 4-1/2" fr Sd/4-1/2" fr Rear P Plastic Grommet $(L1C}RE) _s LI Core Lam Op- .TM33 Lam: Whitestone .EU Edg: Muslin .1200W 12011W X240C 2411 DepUh Tag(s): SECRETARY PAGE 10 Phoj �D40, �';�2'5"3�900 F I CUSTOMER: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 PH# F) P L DATE PROPOSAL# 05/21/14 53987A PROJECT#: 2-849 INSTALL AT: CITY OF SEAL BEACH 2-'-' 8TH STREET SEAL BEACH, CA 90740 Corporate Yard - Al-'steel FAX NUMBER# CUSTOMER P.O.ii SALESPERSON TERMS SHIP VIA LYN VERNAZZA CMAS 42 1 912OR108 Spcl Size 258.78 258.78 18 96-1/8-108Wx17-1/2-18D Flat, Eq .GO No grom. $(LlCORE) Ll Core Lam Opts .TM33 Lam: Wh-'�testone .EU Eda: Mus----'n .1080W 10811W X180D 18" Depth Tag(s): SECRETARY 43 2 Z5SC54 42W External Supt Channel 15.11 30.22 for 54W W/S Iaq(s): WATER LAB 44 2 CE1660FD Ess OH Stq Cab 60W/Sq Pntd 230.00 460.00 N Flip Door No Pull $(COREPNT) Core CIr Opts .P7D CLR: Brownstone .STD Standard Random key Tag(s): WATER LAB 45 2 PF197-20 Ess Suppor-- Ped BBF 28H 155.61 311.22 3A 19-7/8D Arch Pull $(CORE) Core Cir Opts .P7D CLR: Brownstone .E-- PULL: Matte Silver .STD Standard Random key Tag(s): WATER LAB PAGE 11 P'! 1 4.0 "0�7 I CUSTOMER: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 PH# DATE PROPOSAL# 05/21/14 53987A ��I' RO 7 FCT#: 2-849 - I INSTALL AT: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 Corporate Yard - Allsteel AX NUMBER# CUSTOMER P.O.# SALESPERSON TERMS SHIP VIA LYN VERNAZZA CHAS # QTY PRODUCT DESCRIPTION SELL EACH SELL EXTEND 46 2 CEP2429F Freestanding 24DX29---/2H End 43.32 86.64 Pni Sup $(CCREPNT) Core Clr Opts .P7D CLR: Brownstone Tag (s): WATER LAB 47 1 CSL2429F Freestanding 240x29-112H Sup 37.34 37.34 Leg $(C--IREPNT) Core Clr Opts .P7D CLR: Brownstone Tag(s): WATER LAB 48 2 CDGG Gussets (1 Pr) 28.22 56.44 $(COREPNT) Core Clr Opts .P7D CLR: Brownstone Taq(s): WATER LAB 49 2 TWTH Horizontal Wall --rack 19.10 38.20 Tag(s): WATER LAB 50 2 RL-MHW Re'-ate Std Mesh H-'gh-Bk/Adj 427.88 855.7116 Arms .2 Standard cy--inder .0 Hard Casters .L Lumbar .CBK Charblack 7 LKM01 CLR: Carbon $(A) GRD A UPH .PNS FAB: Appoint 2 003 CLR: Espresso Tag(s): WATER LAB PAGE 12 Corporate DwA1,04-ss xkllexicjf'c 4CK CUSTOMER: CITY OF SEAL BEACH 211 8TH STRE E SEAL BEACH, CA 90740 PH# AX NUMBER# CUSTOMER P.O.# 51 1 912OR120 24 -4 P $ (L1 CORE) . TM33 .EU .120OW X240D 52 2 ZWMTB206 0 $(2) r I DATE I PROPOSALO 1 05/2--114 1 53987A PROJECT#: 2-849 INSTALL AT: CITY C-- SEAL BEACH 211 8'-'*.1 S--REE-- SEAT. BEACH, CA 90740 Corporate Yard - A11stee-' SALESPERSON TERMS SHIP VIA LYN VERNAllA CMAS Spcl Size 310.65 108-1/8-120Wx18-1/8-24D Flat Eg Pr 4-112" fr Sd/4-112" fr Rear P-'astic Grommet L! Core Lam Opts Lam: Whites-,one Edg: Muslin 120"W 24" Depth Tag(s): WATER LAB Strd 20Hx6OW Wall-Mounted 152.08 Tackbcard GRD 2 FAB Undecided FABRIC Option Tag(s): WATER LAB BY SIGNING BELOW YOU AGREE TO TERMS AND CONDITIONS OF C31. PRICING VALID FOR 15 DAYS. SUBTOTAL 310.65 304.16 20,995.96 1 ACCEPTED BY TAX 6 7 9.7 2 DATE ACCEPTED TOTAL 22,675.68 PAGE 13 OF 13 . a 6 . Ks.Ma(ksa Bryant Allsteel Inc. 221O Second Ave Muscatine, IA 53761 State of California ° Arnold Schnvacrenegger, Governor State and Consumer Services Agency DEPARTMENT OF GENERAL SERVICES Procurement Division 707 Third Street -West Sacramento, C*eeso5'(nu)xr5-**on' Fax (ma)xrs-45os^ Subject: Allsteo||mc.'s California Multiple Award Schedule(CMAS) CK8AS#4-O9-71-OQBJA ' Contract Term: March 1.2QQ9xhrouah December 31'2O13 GSA #0S-28F-0001V - Brand-Allsteel ' Rm/Tables Room Office File Furniture-Multipurpose Seating Furniture-Multipurpose Tables . Furniture-Storage -_'--_~S,..... Furniture-Work Stations . �m8tatmofCalifomia is pleased to accept your firm's offer to establish a California Multiple 'Award Schedule (CK8AS) contract, which we have assigned the above CKAAS contract number for the term identified on page one of the contract. This contract number must be shown on each invoice rendered. Additionally, this letter uhuU not be construed as e commitment to purchase any or all of the State's requirements from your firm. Agencies may procure their products and/or services from your firm during the term ofthis contract. This acceptance letter, the attached CMAS contract pages including ordering instructions and special provisions mu well amCMAS Terms and Conditions, and the applicable prod uct/services catalog or listing shall be considered part of the CMAS contract. It-is your firm's responsibility to furnish, upon request, copies of the CMAS contract to state and |nua| agencies. Aoomp|ete CMAS contract includes the following: 1) CKHAS cover pages (signature page, ordering instructions and special provisions as prepared by the CKAAS Unit),. Std. 204 Payee Data Record, and any attachments or exhibits as prepared by the CK8AS Unit' 2) CKxAS Terms and Conditions, 3) Federal terms and conditions, and 4) product/service listing and prices. The CMAS Unit strongly recommends to all government agencies to place orders with suppliers who provide ALL of the contract elements described above. Contractors are required to submit udetailed report quarterly (refer to CMAG Terms and Conditions, General Provisions) to the 0GS Procurement Division, C88AS Uwit, 707 Third Street, 2nd Floor, MS 20 Z' West Sacvanmemto._CA 95605'2817�At mndnn: Quarterly Report Prooemmlm0'-- ' A separate report is required for each contract, as differentiated by alpha suffix and shall include the activity mfthe contractor's authorized CKHAS reseUene when applicable. This report is required within two weeks after the end of March, June, September, and December of each calendar year. A report is reouired even when there is no activity. Ms. Bryant -2- March 1, 2009 i i To facilitate collection of administrative fees, copies of local government agency purchase orders must accompany the CMAS quarterly report. i THE FIRST QUARTERLY REPORT DUE FOR THIS CONTRACT IS Q1 -2009 (JANUARY - MARCH), DUE BY APRIL 15, 2009. If your firm has an electronic Bulletin Board System (BBS) available to state departments for on- line inquiry of current catalog or listing updates, or your catalog(s) or listing(s) are available on CD ROM, please inform our agencies of how they may avail themselves of these options. Upon award of your CMAS Contract, a "Tool Kit" is available for your use in marketing your products and /or services to state and local government agencies, school districts, utilities and other entities authorized to expend public funds. The Tool Kit can be accessed through the CMAS website at.www.dqs.ca.gov/pd by selecting CMAS; Suppliers /Contractors; CMAS Marketing Tool Kit. The CMAS logo icons, "Approved CMAS Contractor ", are only available to approved CMAS contract holders for display at conferences or on other marketing material. A login and password is required in order to download the logo. At the prompt, enter the login: "cmassupplier" and the password:. "cmas010194 ". If you need assistance during this process, please call me. i We remind you that prior approval is required from the state for all news releases regarding this contract. Also, it is not acceptable to include any products or services on CMAS which are not approved for the federal GSA award schedule referenced in your CMAS contract. The state will procure new products. All products must be new and the latest model in current production,. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable. Should you have any questions, please contact me at 916/375 -4391. Thank you for your continued cooperation. M`ARI�A TRa ro rm A al st 9 Y California Multiple Award Schedules Unit Attachments BUIL DHNIG G R E EN - BUYING GREEN - V11ORKING GREEN CALIFORNIA MULTIPLE AWARD SC0E0ULE(CK0AS) ALLSTEEL|NC. CMAS NO. 4-09-71-0087A .Contractor non-compliance with the requirements of this contract may result in contract termination. Agency non-compliance with the requirements of this contract may result in the loss ofdelegated authority to use the CK8AS program. AVAILABLE PRODUCTS AND/OR SERVICES This contract provides for the purchase and warranty of furniture products, and Auaombly. Design/Layout, and Reconfiguration services of furniture products purchased under this contract. The cost of Assembly, Design/Layout, and Reconfiguration services cannot exceed the cost of the furniture p,ndunua on the purchase order. Only products manufactured byAUstee are, available within the omupo of this contract. Assembly, Design/Layout and Reconfiguration Services ProleptManmwnment Services $65/mr Functional Responsibilities: Development of project implementation plans, schedules, project phasing and strategies, Identification of and recommending resolution for signification issues related to the project design and assembly. Maintaining contact information and ensuring communications. Coordination of do|ivwr|oo and assembly with cu,tnmar, building vwnm,' and other trwdno.- Scheduling uf loading docks. Documentation of building damage prior twand subsequent toassembly. Ensuring compliance with security equiromontu. Review of deliveries and assembly to ensure adherence to scope pfwork, assembly standards, and 000uouo placement of furniture according to plan. Development ofpunch list and review ofcorrections. Minimum Education and eunehenm" Must have a technical diploma and 3'5 years of office furniture experience. Must have strong communication skills. Office furniture technical mkU|m a plus. Suppliers who install modular systems furniture, storage devices, storage nvstomm' shelving ovstanm' unuksta,:", pallet racks, eu cetera, must possess a valid C-61' D-24n,o'n4 contractor's license. IMPORTANT NOTE TO ALL USERS OF THIS MULTIPLE AWARD SCHEDULE CONTRACT INSTALLATION SERVICES ARE NOT AVAILABLE - - UNDER THIS CONTRACT. THE FOLLOWING - - LANGUAGE |S FOR INFORMATIONAL PURPOSES ONLY. Ordering Instructions and Special Provisions Prior to placing an order against this CMAScontract, read the three pages (Attachment C)entitled 'PURCHASE AND INSTALLATION 0FMODULAR SYSTEMS FURNITURE, STORAGE DEVICES, STORAGE SYSTEMS, SHELVING SYSTEMS, BO0KSTACKS' PALLET RACKS, ET CETERA- tu ensure your agency undermtando*the special conditions involving public works contracts. EXCLUDED PRODUCTS AND/OR SERVICES Services, such as installation, electrical, maintenance, repair, rm`ta0lemsino' CAD drawings, training, Personal services and any service that includes Public Works and aroquimmomt for State Contractor licensing are not available under this contract. The installation vf cable and wiring, electrical components, electrical supplies and electrical systems are not available under this CMAS contract. CMAS BASE CONTRACT This CMAScommct is based vnsome or all of the products and/or services and prices from GSA #mm 28F V (ALLSTEEL INC.) with a GSA term of 1o/m1/2mo8 through 9/3o/2o13. The*ernofthio Cxx4s contract incorporates on extension of three months beyond the expiration of the hewn GSA schedule, and is shown in the ^CrmAS Term Dates' on page 1. ISSUE PURCHASE ORDER TO Agency purchase orders must b' mailed tothe following address, o, faxed to563/272^48O7: Allsteell Inc. 221u Second Ave Muscatine, IA 52761 Attn: Cindy Hermann Agencies with questions regarding products and/or services may contact the contractor aofollows: Phpooz 563/272~4441 E-mail: Contact- Ano*:om,.'mCxxAScvntm^,ucv"tact«m,w list vf authorized nm*na,'o for this unmAScontract. CONTRACTOR OWNERSHIP INFORMATION Allsteel Inc. is a large business enterprise.- CALIFORNIA MULTIPLE AWARD SCHEDULE (C10AS) ALLSTE2LhNC. CMAS NO. 4-09-71-0087A CALIFORNIA SELLER'S PERMIT AJlstoa /no.'yCaUfornia Seller's Permit Number is 30000602. Agencies can verify that this permit is valid au the following v"vbmbe: . When issuing an order toanauthorized resellenona CMASrnntract, it is the agency's responsibility tn ensure that the mmel|er holds avaUd California Seller's ORDERING PROCEDURES FOR STATE AGENCIES ONLY State agencies requesting to purchase items under this CMA3oontract that are currently available through California Prison Industry Authority (CAL PIA) must obtain an EXEMPTION from CAL PIA. State agencies may request an exemption au the following v°ebaius: State agencies mum keep m copy ofthe approved exemption with the purchase order for audit purposes. SHIPPING INSTRUCTIONS FD.B. (Free On Board) Destination. Seller pays the freight charges. DELIVERY 00 days after receipt uf order, orennegotiated between agency and contractor and included in the purchase order, or ao otherwise stipulated in the contract. Purchase orders shall be cited 'Inside noted aya separate line item on the order. Standard dock and/or elevator receiving required (access 13'8^x53' trucks) tn avoid additional charges. Inside Delivery or Driver Assisted delivery are possible, but will carry additional upcharge. Contact AUatee Inc.'s CMAS Contract Contact for details. WARRANTY For warranties, see the federal GSA schedule and the CMA8Tarm, and Conditions, General Provisions, CM4Smananty. I . CONTRACT PRICES Contract prices for products and/or services are � maximums, The ordering agemcyisenoouragwdto' � request lower prices. Ordering Instruction and Special Provisions PURCHASING AUTHORITY DOLLAR THRESHOLD No CMAS order may be executed by a State agency that exceeds that agency's CMASpurchasing authority threshold or the CMAG maximum order limit, whichever isless. MINIMUM ORDER LIMITATION There isnu minimum dollar value limitation onorders placed under this contract. MAXIMUM ORDER LIMITS (Local Governments are szempfl Thoordw, limits for orders placed against Ck8A8 contracts are avfollows: Non-Information Technology Goods: $100'000 These transactions are subject tp the following ° State agencies must solicit a minimum of 3 CxxAS contractors including l small business | and/or DVBE (if available) who are authorized to sell the needed products and/or services listed on the CN1A9 contract and document responses. This isnot a bid transaction no small business preference, protest language, ! intents to mward, evaluation criteria, ' advertising' *uo. are not applicable, ° If less than 3 offers received, state agencies must document their files with the reasons why the other suppliers solicited did not i respond with amoffer. / ° If only one source in known (competing offers � cannot baobtainad). the non-competitive bid (NCB) contract process must be followed. See the latest Management mernn (currently MM 08'10 including oupp|mmontm>, or whichever Management Memo im|o effect at the time a purchase order is ioyvod' for NCB guidelines. Exceptions to NCB process are also addressed in MM 03-10. • Evaluation and award may bebased on best | value, as applicable, and not restricted to | lowest cost. • For CxxA3transactions under $5,000 only one offer in ,onui,od if the state agency can establish and document that the price iafair and reasonable. • Exemptions to the CKAA3 order limits are not aUovvad� ° Local governments set their own order limits, an d are not bound by the above order limits � and requirements. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) ALLSTEEL|NC. CMAS NO. 4-09-71-0087A SPLITTING ORDERS Splitting orders moavoid any monetary limitations is � Dn not circumvent normal procurement methods bv splitting pwohooeo into e series ufdelegated purchase orders (SAM 3572). / Splitting aproject into small pmjemn\o avoid either fiscal orprocedural controls is prohibited (SAM | ORDERING PROCEDURES � 1 Order Form | � State agencies shall use aContract/Delegation Purchase Order (Std. 65) for purchases and services. Local governments shall, in n,w of the State's Purchase Order (Std. 65), use their own purchase order document. 2. Purchase Orders The agency is required to forward a copy of each purchase order to the Department of General Services, Procurement Division, Data Management Unit, 707 Third Street, Ms 203. 2 ~ pmo, West Sacramento, CA The agency is required oo complete and distribute the purchase order form. For services, the agency shall modify the information contained nn the order tu include the service period (start and end dato)' and the monthly cost (or other intermittent on/t). and any other information pertinent to the ann/iues being provided. The cost for each line item should be included in the o,dm,, not just system totals. See the CK8AS Services Guide atwv*vv.doa.oa.00v/od (click pn CMAS) for ouNdineooertaininnmn all orders for services. The contractor must immediately reject orders that are not accurate. Discrepancies are to be negotiated and incorporated into the order prior to the products and/ox services being delivered. 3. Service and Delivery after Contract Expiration The purchase orde amwst he issued before the CMA8 contract expires. However, delivery cf the products o, completion of the services may be after the contract -- - -expires (unless otherwise specifically stated in the � oomtract)' but must boaa provided for in the contract and as specified in the purchase order. Ordering Instructions and Special Provisions Also, purchase order amendments cannot be issued to add product u, services if the CMAS contract has 4. Amendments tn Department's Purchase Orders Management Memo 03-10 provides the following direction regarding amendments to department purchase orders: Orders for Non-IT Goods: Original orders, which include options for changes (e.g., quantity n,timn>^ that were evaluated and considered in the selection for award during the Request for Offers 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 the NCB process must bm followed for the amendment. Also see the Purchasing Authority K8amud' Chapter 8' Topic 7' for more information on amending purchase orders. 5. Multiple Contracts on* Std. 65 Order Form Agencies may include multiple CMAS contracts from the same cuntmotm � on angkaStd. 65 , Contract/Delegation oPumhamaOmer. For guidelines, see the Purchasing Authority N1anva|, Chapter 6.1341. SMALL BUSINESS MUST BE CONSIDERED Prior to placing orders under /hoCMAS pmqnonm' state agencies shall whenever practicable first consider offers from mno|| businesses that have established CN1ASnontracux [6C Section 14846(h}]' NOTE: The Department of General Services auditors will request substantiation of compliance with this requirement when agency files are reviewed, The following woboito lists CMAS Small Business and Disabled Veteran Partners: (click on CMAS click on State Agencies) In response u, our commitment to ino,msma participation by small businesses, the Department of Gonom| Son/ioos waives the administrative fee (a fee currently charged to customer agencies to support the CKx/\S v,ng,pmn) for orders tv certified small business ontorphmev. . See the current fees in-the DGS Price Book at �- — --- — - CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) ALLSTEELUNC. CMAS NO. 4-09-71-0087A SMALL BUSINESS/DVBE TRACKING State agencies are able m claim subcontracting dollars towards their small business or DVBE goals whenever the Contractor subcontracts acommerciwUy useful function *oacertified small business n,DVBE. The Contractor will provide the ordering agency with the name of the small business or DVBE used and the dollar amount the ordering agency can apply towards its small business nr DVBE goal. SMALL BUSINESSfDVBE SUBCONTRACTING 1. The amount an ordering agency can claim towards achieving its small business or DVBE goals is the dollar amount of the subcontract award made by the Contractor to each small business or DVBE. 2. The Contractor will provide an ordering agency with the following information at the time the order isquoted: a. The Contractor will state that, am the prime Contractor, it shall be responsible for the overall execution uf the fulfillment ofthe order. b. The Contractor will indicate m the ordering agency how the order meets the small buoinapm or DVBE goal, as follows: • List the name of each company that is certified by the Office of Small Buon000 and DVBE Certification that it intends to subcontract a commercially useful function to; and • Include the small business prDVBE certification number pfeach company listed, and attach acopy of each certification; and • Indicate the dollar amount ofeach subcontract with a small business or DVBE that may be claimed by the ordering agency towards the small business or DVBE goal; and • Indicate what commercially useful function the small business or DVBE subcontractor will be providing towards fulfillment ofthe NEW EQUIPMENT REQUIRED The State will procure new equipment, All equipment must be new (or warranted ao newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, p,mmtvpo' or discontinued models are not acceptable. Where Federal Energy Management Program(FEMP) standards are avaUab|o, all state agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEKxPstandards. SERVICES EXCLUDED ON THE CMAS PROGRAM The following services are not available on the CMxS 1. Architectural, Construction, Engineering and Environmental Services Services are not allowed on CMAS that are required by law to be performed by o |1nonaed architect, licensed registered engineer, licensed landscape architect, construction project manager, licensed land surveyor, or environmental services as defined in Government Code 4525. |f you have questions about these types of transactions, the Department of General Services (DGS)' Real Estate Services Division (RESID) can be contacted at 916/376-1752. 2. Legal Services Contracting for lega services by state agencies is controlled by statutes (GC 11040) that require Attorney General approval prior u, entering into contracts with outside counsel. Additionally, Article V|\ of the California Constitution requires that state |*Sa| work be performed by state employees, absent limited exceptions (Government Code 19130>. There are also policy-based approval requirements for all Executive Branch agencies that control the use uf private counsel. u. Other Excluded Services Also' services involving financial audits, facility planning, registered nursing, and security guards are not available un the CMAS Program. | 3. The,mdsing agency's purchase order must be ! addressed to the prime Contractor, and the � purchase order must reference the information ' '_�� provided by the prime Contractor asoutlined CALIFORNIA MULTIPLE AWARD SCHEDULE(CMpS) ALLSTEELUNC. CMAS NO. 4-09-71-0087A STATE AND LOCAL GOVERNMENTS CAN USE CMAS State and local government agency use ofCMAS contracts is optional. A |uco| government b any city, county, city and county, district or other local governmental body v,corporation, including UC. CSU, K-l2 schools and community colleges that ia empowered to expend public funds. While the state makes this contract available, each local government agency should make its own determination whether the CmA8 program io consistent with their procurement policies and mQv|ationu. UPDATES AND/OR CHANGES APPLICABLE CODES, POLICIES AND GUIDELINES All California codes, policies and guidelines are applicable. THE USE OFCMAS DOES NOT REDUCE OR RELIEVE STATE AGENCIES OF THEIR RESPONSIBILITY T0 MEET STATEWIDE REQUIREMENTS REGARDING CONTRACTING ORTHE PROCUREMENT OF GOODS OR SERVICES. Most procurement and contract codes, poUniox, and guidelines are incorporated into CN1AS contracts. Notwithstanding this, there is no guarantee that ever possible requirement that pertains to all the different and unique state processes has been included. STATEWIDE PROCUREMENT REQUIREMENTS ACMAS amendment is not rzquire�fnrvpdnteo and/or changes once the update and/or change Agencies must carefully review and adhere to all becomes effective for the federal GSA schedule, statewide procurement requirements in the Purchasing except as follows: Authority Manual, such as: ACMASamendment 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 o,nn the cost to the State. AC[NAS amendment is required for changes to contracts that require Prison Industry Authority (PIA) approval, SELF-DELETING FEDERAL GSA TERMS AND CONDITIONS Instructions vrterms and conditions that appear in the Special Items vr other provisions cf the Federal GSA and apply to the purchase, license, or rental (as applicable) of products o,services by the U.S. Government in the United States, and/or to any overseas location shall be self-deleting. (Example: "Examinations of Roonrdu^ provision). Federal regulations and standmdo, such as Federal Acquisition Regulation (FAR)' Federal Information Resources Management Regulation (F\RMR). Federal Information Processing Standards <F|PS>' General Services Administration Regulation (GSA�)'o,Federal Installment Payment Agreement (F|pA) shall beself- deleting. Federal blanket orders and omwx order procedures are not applicable. 0RDE,R OF PRECEDENCE , Automated. Accounting System requirements of State Administrative Manual <SAK8> Section 7260- 62 ° Services may not be paid for in advance. ° Agencies are required to file with the Department of Fair Employment and Housing <DFEH> a Contract Award Report Std. 16 for each order over V5.DOQ within lO days of award, including supplements that exceed $5.OU0. ° Annual small business and disabled veteran ETHNICITY/RACE/GENDER REPORTING REQUIREMENT Effective July 1.2002.)n accordance with Public Contract Code 10ll6. state agencies are tocapture information on ethnicity, race, and gender nfbusiness ovvnom (not subcontractors) for all awarded oontmmo' including CAL-Card transactions. Each department is required to independently report this information u/the Governor and the Legislature on an annual basis. Agencies are responsible for developing their own quidoUnoo and forms for colle*tinn and ,noortinnthis information, Contractor participation iavoluntary. PAYMENTS AND INVOICES 1. Payment Terms The CMAS Twnnm and Conditions shall prevail ifthore povmoruterms for this contract are net 45 days. — lua conflict between tha�amm and conditions of contractor's Federal GSA, packaging, invoices, catalogs, brochures, technical data sheets orother documents (uam CK8ASTennv and Conditions, CONFLICT OFTERMS). Ordeong Instructions and Special Provisions CALIFORNKA00U0lPLE AWARD SOHB0U0E(CK8AS) ALLSTELINC. CMAS NO. 4-09-71-0087A Payment will bemade in accordance with the provisions nf the California Prompt Payment Act, Government Code Section S27 at. seq. Unless expressly exempted by statute, the Act requires state agencies to pay properly submitted, undisputed invoices not more than 45 days after fl) the date of acceptance of goods or performance of services; n,(ii> receipt ofan undisputed invoice, whichever iolater. 2. Payee Data Record (Std. 204) Each state accounting office must have a copy o+the attached Payee Data Record (Std. 204) in order to process payment ufinvoices. Agencies should forward anopy nf the Std. 2D4to their accounting wffico(»). Without the Std. 204, payment may be unnecessarily delayed. 3. Return /Restocking Fee The customer must get written authorization from Allsteel prior to returning any products, and they will be required to payaU return freight charges. A restocking charge uf2596 will apply to all returned products. 4. Cancellation Policy No cancellation charge prior toproduction - After production, only actual costs incurred that cannot be ,onuvo,ed through resale of the merchandise in a reasonable length oft|mo(6rnonths). 5. DOS Administrative Fee The Department of General Services (DGG) will bill each state and |voa| agency direutlyanadministrative fee for use ofCIVIAScontracts. The administrative fee should NOT ba included in the order total, nor remitted before an invoice ia received from oGS. This fee is waived for purchase orders to California certified small See the current fees in the DGS Price Book at: 6. Contractor Invoices Unless otherwise stipulated, the contractor must send their invoices u, the agermv address metJorth in the purchase order. Invoices shall bo submitted in triplicate and shalt include the following: ( / ° CMAS Contract number, — — ° Agency purchase- order number- ----- ° Agency Bill Code | ° Line item number � ° Unit price ° Extended line item price . ° Invoice »ou,| Ordering Instructions and Special Provisions State sales tax and/or use tax shall heitemized separately and added »u each invoice anapplicable. The company name on the C[NAScontract, punohnaa order and invoice must match or the State Controller's Office will not approve payment. 7. Credit Card AUvtew| Inc. accepts the State of California credit card A Purchasing Authority PunchaseOrde(Rtd.G5) ia required even when the ordering department chooses to pay the contractor via the CAL-Ca,d. Also, the DGS administrative fee is applicable for all Cw1AS orders tosuppliers not California certified aaasmall business. 8. Advance Payments Advance payment is allowed for services only under Umbed, narrowly defined circumstances, e.g., between specific departments and certain types ofnon-profit organizations, or when paying another government agency (GC 1125B-11263and 11013}. It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered amubochption. may be paid in advance ifo provision addressing payment in advance is included in the purchase order. Warranty upgrades and extensions may also be nmN for in advance, one time. CONTRACTOR QUARTERLY REPORTS Contractors are required to submit a detailed report quarterly mo the DOS Procurement Division, oMAS Unit, 7o7 Third Street, 2° Floor, xxazou.West Sacramento, CA 95605-2811, Attention: Quarterly Report Processing. Aeeparate report is required for each contract, as differentiated by alpha suffix (if applicable). Contractors with remo||e,o are responsible for reporting rennUer ordering activity. Any report that does not follow the required format or that ovc|udon information will uodeemed incomplete and returned to the contractor. To facilitate collection of administrative fees, copies of local government agency purchase orders must accompany the CMAS quarterly report. New contracts for contractors with existina contracts, -- - and extensions or-renewals of existing contracts, will - be approved ONLY if the contractorbas submitted to the CMAS Unit all quarterly reports due. Each iquarterly report is required within two weeks of the end of March, June, September, and December of each calendar year. Av,port is still required when there is no activity CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) ALLETEEL|NC. CMAS NO. 4-09-71-0087A The report must include the agency name, purchase order number, purchase order date, agency billing code, pre-tax total order cost, agency contact name, address and phone numhyr, and total dollars for the quarter. Tax must NOT be included in the quarterly mnort, mwun if the agency includes tax on the purchase order. A sample quarterly report indicating required format and information isattached for your reference (Attachment A). CONTRACTOR PROVIDES COPY OF THE CONTRACT AND SUPPLEMENTS CMAS contractors are required to provide the entire contract that consists of the following: • Cover pages with DGS logo and CMASanalyst's signature, and Ordering Instructions and Special Provisions. • Payee Data Record (Std'2O4). • California CDxAS Terms and Conditions, • Federal GSA Terms and Conditions. • Federal GSA products, services, and price list. • Supplements, if applicable. It is important for the agency to confirm that the required products, services, and prices are included in the contract and are at or below contract rates, To streamline substantiation that the needed items are in the contract, the agencies should ask the contractor to identify the specific pages from the contract that include the required products, services, and prices. Agencies should save these pages for their file CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED When a subcontractor ultimately performs all of the services that a contractor has agreed to provide and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that mf a fiscal agent because itiomerely administrative in nature, and does not provide a commercially useful function. |tio unacceptable to use fiscal agents io this manner because the agency is paying unnecessary administrative costs. AGENCY RESPONSIBILITY Agencies must contact contractors to obtain copies of the contracts and compare them for abest value purchasing decision, 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 limited to, ensuring the necessity qf the services, aoovhng appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State's interests, obtaining required approvals, and documenting compliance with Government Code 19130.b (3) for outsourcing Itb the responsibility ofeach agency toconsult as applicable with their legal staff and contracting offices for advice depending upon the scope or complexity w{ the purchase order. If you dnnot have legal services available to you within your agency, the DGS Office of Legal Services is available to provide services on a contractual basis. Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. For guidelines, see the CMAG Services Guide, Attachment B. FEDERAL DEBARMEN When federal funds are being expended, the apeoc cis required mobtain (retain infile) asigned "Federal Debarment" certification from the contractor before the purchase order ioissued. This certification is required by the regulations knp|ymondn8 Executive Order 12549' Debarment and Suspension, 29 CFR Part B8'Section 98.510' Participants; responsibilities, The regulations were published ao Part VUof the May 2G. 1988 Federal Reg ister (p ages 19160-19 211). LIQUIDATED DAMAGES 1�011 LATE DELIVERY The value of the liquidated damages must ueincluded in the purchase order to be applicable, mutually agreed upon by agency and contractor, and cannot be penalty. AMERICANS WITH DISABILITY ACT (ADA) Section 504of the Rehabilitation Act of1873 as amended; Title V| and `/U of the Civil Rights Act of 1864 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2' Title 22; California Government Code, Sections 11135. +tnoq.; and other federal and state laws, and Executive Orders prohibit discrimination. All programs, autivitiex'. employment opportunities, and services must be made available to all persons,, including persons with disabilities. See Attachment 8for Procurement Division's ADA Compliance Policy of Nondiscrimination on the Basis pfDisability. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) ALLSTEEL INC. CMAS NO. 4-09-71-0087A Individual government agencies are responsible for compliance with ADA regulations. Contractor sponsored events must provide reasonable accommodations for persons with disabilities. DGS PROCUREMENT DIVISION CONTACT AND PHONE NUMBER , Department of General Services Procurement Division, CMAS Unit 707 Third Street, 2' Floor, IVIS 202 West Sacramento, CA 95605-2811 Phone: 9161375-4363 Callnet: 81480-4363 Fax: 916/375-4663 Ordering Instructions and Special Provisions CALIFORNIA MULTIPLE AWARD SCHEDUN£(CMAS) ALLSTEELUNC. CMAS NO. 4-09-71-0087A ATTACHMENT A • A report is still required when there |eno activity for the quarter. • Copies of local government agency purchase orders must accompany the OMA0 quarterly report, • Quarterly Reports are due two weeks after the end of the quarter. 1. Calendar Quarter Number: .KQuerter# and Year) 2 CMAS Contract Number: (including alpha suffix if applicable) 3. Contractor: Company Name and Address 4. Contractor Contact: Name and Phone Number 13. Total dollar for quarter: The Quarterly 1. Identify the calendar quarter number and year for the report you are submitting. 2. Identify your company's CMAS contract number. A separate report i required for each contract, asdifferentiated by alpha suffix (if app|iceb|e). Multiple contracts on Std. G5 State Purchase Order form should be itemized by contract number. For each individual contract (as differentiated by alpha *uffix). identify and group together the contract number with line items and subtotal per contract number. (do not include tax in the subtotal). 3. Identify your company name and mailing address. 4. Identify the company contact and phone number for the CMAS contract or the person preparing and submitting the report. 57 Identify the State Agency or local government that issued the CK8ASorder. 8' Identify the purchase order number (and supplement number if applicable) on the order form. This io not your invoice number. This io the number the agency nr local government assigns to the order. 7' Identify the date the purchase order was issued. This is not the date you received, accepted, or invoiced the order. 8. Identify the State Agency billing code. This iaa five-digit number identified on the upper right hand corner ofthe Std. S5 purchase order form. You must identify this number on all purchases made by State of California agencies. Local governments will not reference a billing code. You may leave this blank for local government orders. Q� Identify the total dollars of each purchase order before tax. Tax must NOT be included in the quarterly report, even if the agency includes tax on the purchase order. The total dollars per order should indicate the entire purchase order amount regardless of when you invoice order, perform services, deliver product, or receive payment, For amended orders, enter the incremental increase/decrease only. 10� Identify the "Biii-To' agency or local government CONTACT onthe purchase order. 11. Identify the "Bill To" agency or local government ADDRESS on the purchase order. 12. Identify the agency or local government phone number on the purchase order. 13. Identify the total dollars pre-tax for all orders placed in that calendar quarter. Ordering Instructions and Special Provisions 10 Agency Name Purchase Order Number Purchase Order Date Agency Billing Code Total Dollars per Purchase Order Agency, Contact Agency Address Phone Number 13. Total dollar for quarter: The Quarterly 1. Identify the calendar quarter number and year for the report you are submitting. 2. Identify your company's CMAS contract number. A separate report i required for each contract, asdifferentiated by alpha suffix (if app|iceb|e). Multiple contracts on Std. G5 State Purchase Order form should be itemized by contract number. For each individual contract (as differentiated by alpha *uffix). identify and group together the contract number with line items and subtotal per contract number. (do not include tax in the subtotal). 3. Identify your company name and mailing address. 4. Identify the company contact and phone number for the CMAS contract or the person preparing and submitting the report. 57 Identify the State Agency or local government that issued the CK8ASorder. 8' Identify the purchase order number (and supplement number if applicable) on the order form. This io not your invoice number. This io the number the agency nr local government assigns to the order. 7' Identify the date the purchase order was issued. This is not the date you received, accepted, or invoiced the order. 8. Identify the State Agency billing code. This iaa five-digit number identified on the upper right hand corner ofthe Std. S5 purchase order form. You must identify this number on all purchases made by State of California agencies. Local governments will not reference a billing code. You may leave this blank for local government orders. Q� Identify the total dollars of each purchase order before tax. Tax must NOT be included in the quarterly report, even if the agency includes tax on the purchase order. The total dollars per order should indicate the entire purchase order amount regardless of when you invoice order, perform services, deliver product, or receive payment, For amended orders, enter the incremental increase/decrease only. 10� Identify the "Biii-To' agency or local government CONTACT onthe purchase order. 11. Identify the "Bill To" agency or local government ADDRESS on the purchase order. 12. Identify the agency or local government phone number on the purchase order. 13. Identify the total dollars pre-tax for all orders placed in that calendar quarter. Ordering Instructions and Special Provisions 10 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) ALLSTEEL INC. CMAS NO. 4-09-71-0087A To meet and carry out requirements of the Ameri( policy of the Procurement General Services) to make activities, and services are with disabilities. compliance with the nondiscrimination ,.ans With Disabilities Act (ADA), it is the Division (within the State Department of .every effort to ensure that its programs, available to all persons, including persons 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, ET CETERA) OR DEADLINE DUE-DATE FOR PROCURENIENT DOCUMENTS. The Procurement Division TTY telephone numbers are: Sacramento Office: (916) 376-189 1 Fullerton Office: (714) 773-2091 The California Relay Service Telephone Numbers are: Voice: 1-800-735-2922 or 1-888-877-5379 TTY: 1-800-735-2929 or 1-888-877-5378 Speech-to-Speech: 1-800-854-7784 Ordering Instructions and Special Provisions 11 ATTACHMENT C PURCHASE AND INSTALLATION OF MODULAR SYSTEMS FURNITURE, STORAGE DEVICES, STORAGE SYSTEMS, SHELVING SYSTEMS, BOOKSlACKS, PALLET RACKS, ETCETERA GENERAL REQUIREMENTS CONTRACTOR'S LICENSE REQUIREMENTS Contracts that include installation or the wording "Furnish and Install" require at the time of contract award that suppliers pnxnemm avalid California State Contractor's License. If subcontractors are used, they must also possess avalid California State Contrautor!x License. All businesses that construct o, alter any building, highway, road' parkingfacUby' railroad, excavation, ur other structure in California m6stba licensed by the California State License Board (CSL8)' if the total unut (labor and materials) of the project is $500 or more. Failure to be licensed or to keep the license current and in good standing shaUhngroundv for contract revocation. Suppliers who install modular systems furniture, storage devices, storage systems, shelving systems, bnuksuackw' pallet racks, et cetera must possess o valid C'61 <Q'24> nrD-34 contractor's license. SPECIAL CONDITIONS Prior uuthe commencement of performance, the contractor must obtain and provide to the State a payment bond on Standard Form 807, when the contract involves a public works expenditure (labor/installation oono) in excess of $6'000. Such bond mhe|| be in aoum not less than one hundred percent (100%) of the contract price. Forms shall be provided t"the contractor. In accordance with the provisions of Section 1773 of the Labor Code, contractor shall conform and stipulate tp the general prevailing rate of wages, including employer benefits wu defined in Section 1773.1 of the Labor Code' applicable to the o|000ao of labor to be used for public works such on at the delivery site for the axvomb|v and invta|/adion of the equipment or materials purchased under the contract. It is the awarding eoonrv'o responsibility to provide p copy of the prevailing wage rates zo the contractor. The prevailing wage rates are available from the Department of Industrial Relations at or(415)7V3~4774. Them is no absolute guarantee for the complete safety of personnel wragency property during or after an earthquake because ofthe unpredictable magnitude and nature of the fonoou generated during o significant seismic event; huwouur' adherence tothe practices outlined herein will minimize the nntonda| for injury to people from storage/shelving equipment during an earthquake and maximize the protection of property. The term "seismic safety" anused herein relates tuthe ability of the installed shelving and their supports to resist overturning and/or collapse and, therefore, prevent injury tn people and, damage u» property during u seismic event. This document b limited to the support structures and bracing for ohekvinB/storage systems, It applies to new and/or existing shelving sv#mmm in new or existing facilities. Even though code recognizes several seismic zones in the State vfCalifornia, all shelving systems purchased under this contract shall be designed for Seismic Zone 4. In addition, it shall be the responsibility of the seller/installer to identify |f the facility in which the shelving system will be installed ix classified avan "essential facility" (e.g., hospitals, police departments, at cetera) and provide calculations and installation procedures/instructions accordingly. Contractors who wish to furnish nrfvrniah/inataU storage racks and/or floor supported cabinets and bookntarkn (pa||et,ovk systems, shelving mystems, file oymtumm' etcetera), that are greater than 5 feet in height shall be required to provide prior to installation a copy of seismic calculations demonstrating that the shelf system and its floor attachments meet the requirements of Uniform Building Code (ugC) with California Amendment latest adoption, earthquake regulations, for Seismic Zone Number 4. These seismic calculations shall include: \. Manufacturer's design calculations and structural details along with available uaot data substantiating compliance with the UBC as amended. SEISMIC REQUIREMENTS' 2. The information contained herein is to he followed for the installation ofmmodification to shelving systems, storage systems, bookstacks, pallet racks, etcetera. revision 1!xswznua 1ofu Structural details and seismic calculations for the floor anchorage that substantiates compliance with the URCaoamended, prepared and signed by a California registered structural or civil engineer (see Note 2 under Special Considerations). ATTACHMENT C PURCHASE AND INSTALLATION OFMODULAR SYSTEMS FURNITURESTORAGEDEV|CES, STORAGE SYSTEMS, SHELVING SYSTEMS, BQOKSTACKS, PALLET RACKS, ETCETERA GENERAL REQUIREMENTS SPECIAL CON-SIDERATIONS Worst-case stresses and deflections shall be calculated for one face of adooble-faced section fully loaded and the other face empty. Note 1 |n lieu of manufacturer's design calculations, structural details and test data, calculations and/or test procedures may be developed, prepared and signed by a California registered structural nr civil engineer substantiating compliance with above referenced seismic requirement. Note 2 For installations in hospitals, all calculations shall be prepared and signed bvaCalifornia registered structural engineer oniy. - For the purpose nf this contract, structural details and seismic calculations (or tests) are n»numd for the floor anchorage only and for the purpose of calculations (or tests). It shall be assumed that the floor is either D^ reinforced ounc,oto or 1 to 1 A inch p|yvvvvd (or similar material) requiring "through" bolts. Floor attachment provisions for office type furniture shall he non-obtrusive and uhoU be consistent with the design of the cabinets, files, shelves, etcetera. The contractor shall supply to the ordering agency drawings and calculations (or test results) approved and signed bya California registered civil o,structural engineer, detailing the floor anchorage pumblono and their compliance with seismic requirements. In addition, unep-by-stop instructions and drawings (minimum size 8 8 inches by 11 inches) ufsufficient clarity and detail shall be supplied to the ordering agency for approval and provided with each cabinet, fi|e, she|f, et oetem, detailing the method(s) of floor attachment required to meet seismic requirements. The contractor shall also provide with each cabinet, file, shelf, *t cetera, the hardware necessary to attach the unit As stated abnvo, floors are annumacl to be either O inoh,reinfo,00d concrete o,1 to 1 1/4 inch plywood. ' CONTRACTOR NOTE - — For the purpose of this contract, installation instructions, structural details-and seismic calculations are required for the floor anchorage. Contractor shall provide installation instructions, structural details and seismic calculations for installation on the following floor types: revision 11/2412003 ' 2 cfa 1. G inch reinforced concrete, minimum 1,000 psi compressive strength ongrade. 2. Above grade lightweight concrete, minimum l'0UO psi compressive strength with sufficient thickness to accept minimum imbed, 3. - 1 to l A inch floor grade plywood (or other material) on joists, 24 inch centers. AGENCY NOTE Agency should he aware that shelving requires seismic anchoring to the building floor. Installation procedures will ba provided for three (3) floor types only. (6 inch ovnomta on grade, lightweight concrete above grade, and 1 to 1 1/4 inch plywood on joist) Agency should bo aware that there are many floor designs/styles and that the above referenced seismic calculations/installation procedures do not cover all. Installation instructions and seismic calculations for any other floor type(s) are the responsibility of the ordering agency. MODULAR SYSTEMS FURNITURE Premises when completed shall conform »napplicable codes, ordinances, and zoning laws and shall be constructed in accordance with sound engineering practices. The Department nf General Services will consider only those facilities that can demonstrate the ability tomeet aoe|smic performance level eo set forth in FEKDA 178 or an equivalent to at least 75% of the current Uniform Building Code. Certification ofthe above requirements must be provided by an independent, Uoonnod' mtmumm| engineer at the lessor's expense. Premises shall conform to regulations and orders of the State Department of Industrial relations and the Occupational Safety and Health Act (OSHA). Luaon, shall furnish certification from the local Fire Marshal that quarters comply with the local fire regulations or Title.19 CCR, as appropriate. Lessor shall also be responsible for all costs relative to said certification including any preliminary p|mnmview as deemed necessary by State. If fire, safety, or health hazards are detected either before mvafter occupancy by State, they shall be corrected by Lessor at the Lessor's sole cost and expense, ATTACHMENT C PURCHASE AND INSTALLATION OF MODULAR SYSTEMS FURNITURE, STORAGE DEVICES, STORAGE SYSTEMS, SHELVING SYSTEMS, BOOKSTACKS, PALLET RACKS, ET CETERA GENERAL REQUIREMENTS The requirements of CCR Title 24, State Building Code relative to Access Law Compliance, Americans with Disabilities Act (ADA), and Uniform Federal Access Standards WAS), must be included in the planning of these quarters. All new construction work shall be planned to comply with the above-mentioned standards. Modifications of existing conditions to reach compliance are also required unless the alterations and cost meet the qualifications for unreasonable hardship. Placement and installation of modular systems furniture is subject to regulation by Uniform Building Code, Americans with Disabilities Act (ADA), and other codes and regulations. It'is recommended that design layouts be submitted to the local authorities for review and certification prior to purchase. INSTALLATION COST The net prices do not include the cost for installation. Installation services are negotiated on a project-by- project basis. Pricing for installation shall not exceed commercial price (the price contractors charge their regular commercial customers). The total dollar value of all services included in a purchase order must not exceed the dollar value of the products. It is incumbent upon the user to identify whether the costs for installation and other requirements are fair and equitable. Please be aware that seismic installation instructionsicalculations can be very expensive. Please be aware of building floor design and specific needs prior to ordering. Any questions regarding the interpretation or implementation of the seismic requirements should be, directed to the Procurement Division, Manager Technical Staff at (916) 375-4557. revision 11/2412003 3 of 3 DARFUR CONTRACTING ACT CERTIFICATION Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a "scrutinized" company as defined in Public Contract Code section 10476. Therefore, to be eligible to submit a bid, proposal, or CMAS application, please insert your company name.and Federal ID Number and complete grily one of tie following three paragraphs (via initials for Paragraph # 1 or Paraorsoh 9 2. or via initials and certification for Paragraph # 3): CompanylVendor Name (Printed) 1 Federal 10 Number Allsteel Inc. 36-0717079 4 Printed Name and VU& of Person Initialing (for Options 1 or 2) :i Ron Hartman, Director of Sales Operations 1. We do not currently have, or we have not had within the previous Initials three years, business activities or other operations outside of the United States. OR 2. We are a scrutinized company as defined in Public Contract Code Initials section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b), A copy of the written permission from OGS is included with our bid or proposal. OR 3, We currently have, or we have had within the previous three years, Initials business activities or other operations outside of the United States, t certification but we certify below that we are not a scrutinized company below as defined in Public Contract Code section 10476. CERTIFICATION For ft 3. 1, the offal named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposerlbidderfapplicant to the clause listed above in # 3. This certification is made under the laws of the State of California. - By (Authorized Signature Printed Name and 77fle of Person Signing J Ron Hartman, Director of Sales Operations A Date Executed Executed in the County and State of 1 March 11, 2009 Muscatine County, Iowa Note Regarding Change of Status - If your company has a change of status, with regard to this certification, during the term of your contract (s) then it is incumbent on your company to submit an updated Certification, For questions regarding a change of status, please contact the contract's designated State Contract. Administrator. STATE OF CALIFORNIA•DEPARTRIENT OF FINANCE PAYEE DATA RECORD (Required when receiving payment from the State of California in lieu of IRS W-9) STD. 204 (Rev. 6-2003) INSTRUCTIONS: Complete all information on this form. Sign, date, and return to the State agency (departmeritloffice) address shown at the bottom of this page. Prompt return of this fully completed form Will prevent delays when processing payments. Information provided in this form will be used by State agencies to prepare Information Returns (1099). See reverse side for more information and Privacy Statement. NOTE: Governmental entities, federal, State, and local (including school districts), are not reouired to submit this form. PAYEE'S LEGAL BUSINESS NAME (Type or Print) Allsteel Inc, SOLE PROPRIETOR'- ENTER NAME AS SHOWN ON SSN (Last. First, M.I.) E-MAIL ADDRESS proposals@allsteelofficc.com MAILING ADDRESS BUSINESS ADDRESS 2210 Second Avenue 2210 Second Avenue CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE Muscatine, IA 52761 Muscatine, IA 52761 ENTER FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN): 13 1.6 10 17 1117 10 17 19 1 NOTE: Payment will not PARTNERSHIP CORPORATION: be processed PAYEE ❑ MEDICAL (e.g., dentistry, psychotherapy, chiropractic, etc.) without an ENTITY ❑ ESTATE OR TRUST O LEGAL (e.g., attorney services) accompanying TYPE ❑ FXEMPT (rumprofft) taxpayer ID. number, ALL OTHERS CHECK ONE BOX r7 INDIVIDUAL OR SOLE PROPRIETOR ONLY EN TER SOCIAL SECURITY NUM ER: LSSN required by authority of California Revenue and T4wE Code Seaton 18846) 47 21 California resident - Qualified to do business. in California or maintains a permanent place of business in California. ❑ California nonresident (see reverse side) - Payments to nonresidents for services may be subject to State income tax PAYEE withholding. RESIDENCY ❑ No services performed in California. STATUS ❑ Copy of Franchise Tax Board waiver of State withholding attached. I hereby certify under penalty of perjury that the information provided on this document is true and correct. Should my residency status change, I will promptly notify the State agency below. AUTHORIZED PAYEE REPRESENTATIVE'S NAME (Type or Print) TITLE Amanda Heindel Proposal Coordinator S NATUR DATE TELEPHONE 104 5 631 272-5670 Please return completed form to: Department/Office: Unit/Section: Mailing Address: City/State/Zip: Telephone: Fax:(_) E-mail Address: GSPD- 401Non-IT Commodities -CMAS CALIFORNIA'MULTIPLE AWARD SCHEDULE (CMAS) GENERAL PROVISIONS - NON -IT COMMODITIES DEFINITIONS: The following terms shall be given the meaning shown, unless context requires otherwise or a unique meaning is otherwise specified. a) "Business entity" means any individual, business, partnership, joint venture, corporation, S- corporation, limited liability corporation, limited liability partnership, sole proprietorship, joint stock company, consortium, or other private legal entity recognized by statute. b) "Buyer" means the State's authorized contracting official. c) "Contract" means this Contract or agreement (including any purchase order), by whatever name known or in whatever format used. d) "Contractor" means the Business Entity with whom the State enters into this contract. Contractor shall be synonymous with "supplier", "vendor" or other similar term. e) "Goods" (commodities) means all types of tangible personal property, including but not limited to materials, supplies, and equipment (including computer equipment and telecommunications).. f) "State" means the government of the State of California, its employees and authorized representatives, including without limitation any department, agency, or other unit of the government of the State of California 2. CONTRACT FORMATION: If this Contract results from a Letter of Offer, then Contractor's offer is deemed a firm offer and this Contract document is the State's acceptance of that offer. 3. COMPLETE INTEGRATION: This contract, including any documents incorporated herein by express reference, is intended to be a complete integration and there are no prior or contemporaneous different or additional agreements pertaining to the subject matter of the contract. 4. SEVERABILITY: The contractor and the State agree that if any provision of this contract is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the contract shall remain in full force and effect. Either party having knowledge of such term or provision shall promptly inform the other of the presumed non - applicability of such provision. 5. INDEPENDENT CONTRACTOR: Contractor and the agents and employees of contractor, in the performance of this contract, shall act in an independent capacity and not as officers or employees or agents of the State. 6. APPLICABLE LAW: . This contract shall be governed by and shall be interpreted in accordance with the laws of the State of California; venue of any action brought with regard to this contract shall be in Sacramento County, Sacramento, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this contract. 7. COMPLIANCE WITH STATUTES AND REGULATIONS: a) Contractor warrants and certifies that in the performance of this contract, it will comply with all applicable statutes, rules, regulations and orders of the United States and the State of California and agrees to indemnify the State against any loss, cost, damage or liability by reason of contractor's violation of this provision. b) If this contract is in excess of $500,000, it is subject to the requirements of the World Trade Organization (WTO) Government Procurement Agreement (GPA). B. CONTRACTOR'S POWER AND AUTHORITY: The contractor warrants that it has full power and authority to grant the rights herein granted and will hold the State harmless from and against any loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty. Further, contractor avers that it will not enter into any arrangement with any third party which might abridge any rights of the State under this contract. a) The State will notify Contractor of any such claim in writing and tender the defense thereof within a reasonable time; and b) Contractor will have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; provided that (i) when substantial principles of government or public law are involved, when litigation might create precedent affecting future State operations or liability, or when involvement of the State is othewise mandated by law, the State may participate in such action at its own expense with respect to attorneys' fees and costs (but not liability); (ii) the State will have the right to approve or disapprove any settlement or compromise, which approval will not unreasonably be withheld or delayed; and (iii) the State will reasonably cooperate in the defense and in any related setlement negotiations. 9. CMAS =- ASSIGNMENT: This contract shall not be assignable by the contractor in whole or in part without the written consent of the State. For the purpose of this paragraph, State will not unreasonably prohibit Contractor from freely assigning its right to payment, provided that Contractor remains responsible for its obligations hereunder. Should the State desire financing of the assets provided hereunder through GS $Mart, the State's financial marketplace, the Contractor agrees to assign to a State - designated lender its right to receive payment from the State for the assets in exchange for payment by the lender of the cash purchase price for the assets. Upon notice to do so from the State - designated lender at any time prior to payment by the State for the assets, the Contractor will execute and deliver to the State - designated lender an assignment agreement and any additional documents necessary for the State selected financing plan. The State - designated lender will pay the Contractor according to the terms of the Contractor's invoice upon acceptance of the assets by the State. 10. WAIVER OF RIGHTS: Any action or inaction by the State or the failure of the State on any occasion, to enforce any right or provision of the contract, shall not be construed to be a waiver by the State of its rights hereunder and shall not prevent the State from enforcing such provision or right on any future occasion. The rights and remedies of the State herein are cumulative and are in addition to any other rights or remedies that the State may have at law or in equity. 11. WAS -- ORDER OF PRECEDENCE: In the event of any inconsistency between the articles, attachments, specifications or provisions which constitute this Contract, the following order of precedence shall apply: a) these General Provisions — Non -IT Commodities; b) contract form, i.e., Purchase Order STD 65, etc., and any amendments thereto; c) federal GSA (or other multiple award) terms and conditions; July 2006 Page 1 of 10 GSPD-401 Non-IT Comm odities-CMAS d) statement of work, including any specifications incorporated by reference herein; e) special terms and conditions; and f) ail other attachments incorporated in the contract by reference. 12. PACKING AND SHIPMENT: a) All goods are to be packed in suitable containers for protection in shipment and storage, and in accordance with applicable specifications. Each container of a multiple container shipment shall be identified to: I) show, the number of the container and the total number of containers in the shipment; and ii) the number of the container in which the packing sheet has been enclosed. b) All shipments by contractor or its subcontractors must include packing sheets identifying: the State's contract number: item number; quantity and unit of measure; part number and description of the goods shipped; and appropriate evidence of inspection, if required. Goods for different contracts shall be listed on separate packing sheets. c) Shipments must be made as specified in this contract, as it may be amended, or otherwise directed in writing by the State's Transportation Management Unit within the Department of General Services, Procurement Division. 13. TRANSPORTATION COSTS AND OTHER FEES OR EXPENSES- No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by the State unless expressly included and itemized in the contract. a) Contractor must strictly follow contract requirements regarding Free on Board (F.O.B.), freight terms and routing instructions. The State may permit use of an alternate carder at no additional cost to the State with advance written authorization of the buyer. b) If "prepay and add" is selected, supporting freight bills are required when over $50, unless an exact freight charge is approved by the Transportation Management Unit within the Department of General Services Procurement Division and a waiver is granted_ c) On "F.O.B. Shipping - Point" transactions, should. any shipments under the contract be received by the State in a damaged condition and any related freight loss and damage claims filed against the carrier or carriers be wholly or partially declined by the carrier or'carriers with the inference that damage was the result of the act of the shipper such as inadequate packaging or loading or some inherent defect in the equipment and/or material, contractor, on request of the State, shall at contractors own expense assist the State in establishing carrier liability by supplying evidence that the equipment and/or material was properly constructed, manufactured, packaged, and secured to withstand normal transportation conditions. 14. TIME IS OF THE ESSENCE: Time is of the essence in this contract, 15, DELIVERY: Contractor shall strictly adhere to the delivery and completion schedules specified in this contract. Time, if stated as a number of days, shall mean calendar days unless otherwise specified. The quantities specified herein are the only quantities required. If contractor delivers in excess of the quantities specified herein, the State shall not be required to make any payment for the excess goods, and may return them to contractor at contractor's expense or utilize any other rights available to the State at law or in equity. 16, SUBSTITUTIONS: Substitution of goods may not be tendered without advance written consent of the buyer. Contractor shall not use any specification in lieu of those contained in the contract without written consent of the buyer. 17. INSPECTION, ACCEPTANCE AND REJECTION: a) Contractor and its subcontractors will provide and maintain a quality assurance system acceptable to the State covering goods and services under this contract and will tender to the State only those goods that have been inspected and found to conform to this contracts requirements. Contractor will keep records evidencing inspections and their result, and will make these records available to the State during contract performance and for three years after final payment. Contractor shall permit the State to review procedures, practices, processes and related documents to determine the acceptability of Contractor's quality assurance system or other business practices related to performance of the contract. b) All goods may be subject to inspection and test by the State or its authorized representatives. c) Contractor and its subcontractors shall provide all reasonable facilities for the safety and convenience of inspectors at no additional cost to the State. Contractor shall furnish to inspectors all information and data as may be reasonably required to perform their inspection. d) All goods to be delivered hereunder may be subject to final inspection, test and acceptance by the State at destination, notwithstanding any payment or inspection at source. e) The State shall give notice of rejection of goods delivered or services performed hereunder within a reasonable time after receipt of such goods or performance of such services. Such notice of rejection will state the respects in which the goods do not substantially confrrm to their specifications. If the State does not provide such notice of rejection'within thirty (30) days of delivery, such goods and services will be deemed to have been accepted. 'Acceptance by the State will be final and irreversible, except as it relates to latent defects, fraud, and gross mistakes amounting to fraud. Acceptance shall not be construed to waive any warranty rights that the State might have at law or by express reservation in this contract with respect to any nonconformity, 18. SAMPLES: a) Samples of items may be required by the State for inspection and specification testing and must be furnished free of expense to the State. The samples furnished must be identical in all respects to the products offered and/or specified in the contract. b) Samples, if not destroyed by tests, may, upon request made at the time the sample is furnished, be returned at contractor's expense, 19. GMAS -- WARRANTY: The following warranty language is in addition to the warranty language provided in the federal GSA Multiple Award Schedule or other base contract used to establish this CMAS Contract. When there is a conflict between the language, the following warranty language overrides. July 2006 Page 2 of 10 GSPD-401 Non-IT Commodities -CHAS CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) GENERAL PROVISIONS - NON-IT COMMODITIES Unless otherwise specified, the warranties contained in this contract begin after acceptance has occurred, a) Contractor warrants that goods and services furnished hereunder will conform to the requirements of this contract (including all descriptions, specifications and drawings made a part hereof), and such goods will be merchantable, fit for their intended purposes, free from all defects in materials and workmanship and to the extent not manufactured pursuant to detailed designs furnished by the State, free from defects in design. The State's approval of designs or specifications furnished by contractor shall not relieve the contractor of its obligations under this warranty. b) All warranties, including special warranties specified elsewhere herein, shall inure to the State, its successors, assigns, customer agencies and users of the goods or services. 20, SAFETY AND ACCIDENT PREVENTION: in performing work under this contract on State premises, contractor shall conform to any specific safety requirements contained in the contract or as required by law or regulation. Contractor shall take any additional precautions as the State may reasonably require for safety and accident prevention purposes. Any violation of such rules and requirements, unless promptly corrected, shall be grounds for termination of this contract in accordance with the default provisions hereof, 21. INSURANCE: When performing work on property in the care, custody or control of the State, contractor shall maintain all commercial general liability insurance, workers' compensation insurance and any other insurance the State deems appropriate under the contract. Contractor shall furnish an insurance certificate evidencing required insurance coverage acceptable to the State. Upon request by the buyer, the contractor may be required to have the State shown as an "additional insured" on .selected policies. 22. TERMINATION FOR NON-APPROPRIATION OF FUNDS: a) If the term of this contract extends into fiscal years subsequent to that in which it is approved, such continuation of the contract is contingent on the appropriation of funds for such purpose by the Legislature, if funds to effect such continued payment are not appropriated, contractor agrees to take back any affected goods furnished under this contract, terminate any services supplied to the State under this contract, and relieve the State of any further obligation therefor. b) STATE AGREES THAT IF PARAGRAPH (a) ABOVE IS INVOKED, GOODS SHALL BE RETURNED TO THE CONTRACTOR IN SUBSTANTIALLY THE SAME CONDITION IN WHICH DELIVERED TO THE STATE, SUBJECT TO NORMAL WEAR AND TEAR. STATE FURTHER AGREES TO PAY FOR PACKING, CRATING, TRANSPORTATION TO CONTRACTOR'S NEAREST FACILITY AND FOR REIMBURSEMENT TO THE CONTRACTOR FOR EXPENSES INCURRED FOR THEIR ASSISTANCE IN SUCH PACKING AND CRATING. 23. TERMINATION FOR THE CONVENIENCE OF THE STATE: a) The State may terminate performance of work under this contract for its convenience in whole or, from time to time, in part, if the Department of General Services, Deputy Director, Procurement Division, or designee, determines that a termination is in the State's interest. The Department of General Services, Deputy Director, Procurement Division, or designee, shall terminate by delivering to the contractor a Notice of Termination specifying the extent of termination and the effective date thereof. The parties agree that, as to the terminated portion of the contract, the contract shall be deemed to remain in effect until such time as the termination settlement, if any, is concluded and the contract shall not be void. b) After receipt of a Notice of Termination, and except as directed by the State, the contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any amounts due under this clause. The Contractor shall: 1) Stop work as specified in the Notice of Termination, ii) 'lace no further subcontracts for materials, services, or facilities, except as necessary to complete the continued portion of the contract. Iii) Terminate all subcontracts to the extent they relate to the work terminated. iv) Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts: the approval or ratification of which will be final for purposes of this clause. 24. TERMINATION FOR DEFAULT: a) The State may, subject to the Force Majeure paragraph contained herein, by written notice of default to the contractor, terminate this contract in .whole or in part if the contractor falls to: I) Deliver the goods or to perform the services within the time specified in the contract or any amendment thereto; I!) Make progress, so as to endanger performance of this contract (but see subparagraph (b) below): or III) Perform any of the other provisions of this contract (but see subparagraph (b), below), b) The State's right to terminate this contract under subparagraphs (a)(ij) and (a)(iii) above, may be exercised if the contractor does not cure such failure within the time frame stated in the cure notice issued by the buyer. c) If the State terminates this contract in whole or in part, it may acquire, under the terms and in the manner the buyer considers appropriate, goods or services similar to those terminated, and the contractor will be liable to the State for any excess costs for those goods or services. However, the contractor shall continue the work not terminated. d) If the contract is terminated for default, the State may require the contractor to transfer title and deliver to the State, as directed by the buyer, any: 1) Completed goods, and I!) Partially completed goods and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as "manufacturing materials" in this clause) that the contractor has specifically produced or acquired for the terminated, portion of this contract. Upon direction of the buyer, the contractor shall also protect and preserve property in its possession in which the State has an interest. e) The State shall pay contract price for completed goods delivered and accepted. The contractor and buyer shall agree on the amount of payment for manufacturing materials delivered and accepted for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the buyer determines to be July 2006 Page 3 of 1 0 GSPD-401 Non-IT Commodities-CMAS I . 1 8 WC14 � 1A ZT-A r 6-1 RR RISE U111111] 101 a I Kole] IT, I IT, Lei necessary to protect the State against loss because of installed by the contractor, or for damage to alterations or outstanding liens or claims of former lien holders. attachments that may result from the normal operation and f) If, after termination, it is determined that the contractor was maintenance of the goods provided by the contractor during not in default, or that the default was excusable, the rights the contract. and obligations of the parties shall be the same as if the termination had been issued for the convenience of the 28. INDEMNIFICATION- Contractor agrees to indemnity, defend and State. save harmless the State, its officers, agents and employees from g) The rights and remedies of the State in this clause are in any and all claims and losses accruing or resulting to any and all addition to any other rights and remedies provided by law or contractors, subcontractors, suppliers, laborers and any other under this contract. person, firm, or corporation furnishing or supplying work, services, materials or supples in connection with the 25, FORCE MAJEURF: performance of this contract, and from any and a!I claims and Except for defaults of subcontractors at any tier, the contractor losses accruing or resulting to any person, firm or corporation shall not be liable for any excess costs if the failure to perform the which may be injured or damaged by contractor in the contract arises from causes beyond the control and without the performance of this contract. fault or negligence of the contractor. Examples of such causes include, but are not limited to: 29. INVOICES: Unless otherwise specified, 'invoices shat' be sent to a) Acts of God or of the public enemy, and the address set forth herein. Invoices shall be submitted in b) Acts of the federal or state government in either its triplicate and shall include the contract number; release order . sovereign or contractual capacity. number (if applicable); item number; unit. price, extended item If the failure to perform is caused by the default of a price and invoice total amount. State sales tax and/or use tax subcontractor at any Ill and if the cause of the default is beyond shall be itemized separately and added to each invoice as the control of both the contractor and subcontractor, and without applicable. the fault or negligence of either, the contractor shall not be liable for any excess costs for failure to perform. 30. REQUIRED PAYMENT DATE: Payment will be made in accordance with the provisions of the California Prompt Payment 26. RIGHTS AND REMEDIES OF STATE FOR DEFAULT: Act, Government Code Section 927 et, seq. Unless expressly a) In the event any goods furnished or services provided by the exempted by statute, the Act requires state agencies to pay contractor in the performance of the contract should fall to properly submitted, undisputed invoices not more than 45 days conform' to the requirements herein, or to the sample after (i) the date of acceptance of goods or performance of submitted by the contractor, the State may reject the same, services; or (!I) receipt of an undisputed invoice, whichever is and it shall become the duty of the contractor to reclaim and later. remove the item promptly or to correct the performance of services, without expense to the State, and immediately 31. TAXES: Unless otherwise required by law, the State of California replace all such rejected items with others conforming to the is exempt from Federal excise taxes. The State will only pay for contract. any State or local sales or use taxes on the services rendered or b) In addition to any other rights and remedies the State may goods supplied to the State pursuant to this contract. have, the State may require contractor, at contractor's expense, to ship goods via air freight or expedited routing to 32. NEWLY MANUFACTURED GOODS: All goods furnished under avoid or minimize actual or potential delay if the delay is the this contract shall be newly manufactured goods: used or fault of the contractor. ' reconditioned goods are prohibited, unless otherwise specified. c) In the event of the termination of the contract, either in whole or in part, by reason of default or breach by the 33, CONTRACT MODIFICATION: No amendment or variation of the contractor, any loss or damage sustained by the State in terms of this contract shall be valid unless made in writing, signed procuring any items which the contractor agreed to supply by the parties and approved as required. No oral understanding shall be bome and paid for by the contractor. or agreement not incorporated in the contract is binding on any of d) The State reserves the right to offset the reasonable cost of the parties. all damages caused to the State against any outstanding invoices or amounts owed to contractor or to make a claim 34. CONFIDENTIALITY OF DATA: All financial, statistical, personal, against the contractor therefore, technical and other data and information relating to the State's which are designated confidential by the State and 27. CONTRACTOR'S LIABILITY FOR INJURY TO PERSONS OR ,operation made available to the contractor in order to carry out this DAMAGE TO PROPERTY: contract, or which become available to the contractor in carrying a) The contractor shall be liable for damages arising out of out this contract, shall be protected by the contractor from injury to the person and/or damage to the property of the unauthorized use and disclosure through the observance of the State, employees of the State, persons designated by the same or more effective procedural requirements as are State for training, or any other person(s) other than agents applicable to the State. The identification of all such confidential or employees of the contractor, designated by the State for data and information as well as the State's procedural any purpose, prior to, during, or subsequent to delivery, requirements for protection of such data and information from installation, acceptance, and use of the goods either at the unauthorized use and disclosure shall be provided by the State in contractor's site or at the State's place of business, provided writing to the contractor. If the methods and procedures that the injury or damage was caused by the fault or employed by the contractor for the protection of the contractor's nefigence of the contractor. data and information are deemed by the State to be adequate for b) Contractor shall not be liable for damages arising out of or the protection of the State's confidential information, such caused by an alteration or an attachment not made or methods and procedures may be used, with the written consent July 2006 Page 4 of 10 - GSPD-40INon-IT Cornmodities-CMAS of the State, to carry out the intent of this paragraph. The contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the contractor's possession, is independently developed by the contractor outside the scope of this contract, or is rightfully obtained from third parties. 35. NEWS RELEASES: Unless otherwise exempted, news releases pertaining to this contract shall not be made without prior written approval of the Department of General Services. 36. PATENT, COPYRIGHT AND TRADE SECRET INDEMNITY: a) Contractor shall. hold the State of California, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract. b) Contractor may be required to furnish a bond to the State against any and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement. c) Contractor, at its own expense, shall defend any action brought against the State to the extent that such action is based upon a claim that the goods or software supplied by the contractor or the operation of such goods pursuant to a current version of contractor supplied operating software infringes a United States patent or copyright or violates a trade secret. The contractor shall pay those costs and damages finally awarded against the State in any such action. Such defense and payment shall be conditioned on the following: J) That the contractor shall be notified within a reasonable time in writing by the State of any nctice of such claim; and, ii) That the contractor shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of government or public law are involved, the State shall have the option to participate in such action at its own expense. d) Should the goods or software, or the operation thereof, become, or in the contractor's opinion are likely to become, the subject of a claim of infringement of a United States patent or copyright or a trade secret, the State shall permit the contractor at its option and expense either to procure for the State the right to continue using the goods or software, or to replace or modify the same so that they become non-infringing. If none of these options can reasonably be taken, or if the use of such goods or software by the State shall be prevented by injunction, the contractor agrees to take back such goods or software and make every reasonable effort to assist the State in procuring substitute goods or software. If, in the sole opinion of the State, the return of such infringing goods or software makes the retention of other goods or software acquired from the contractor under this contract impractical, the State shall then have the option of terminating such contracts, or applicable portions thereof, without penalty or termination charge. The Contractor agrees to take back such goods or software and refund any.sums the State has paid Contractor less any reasonable amount for use or damage. e) The Contractor shall have no liability to the State under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon; -i) The combination or utilization of goods furnished hereunder with equipment or devices not made or furnished by the Contractor: or, it) The operation of equipment furnished by the contractor under the control of any operating software other than, or in addition to, the current version of contractor-supplied operating software; or iii) 7i he modification by the State of the equipment furnished hereunder or of the software; or iv) The combination or utilization of software furnished hereunder with non-contractor supplied software. . f) Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Contract for the acquisition, . operation or maintenance of computer software in violation of copyright laws. g) The foregoing states the entire liability of the Contractor to the State with respect to infringement of patents, copyrights or trade secrets. 37. EXAMINATION AND AUDIT: Contractor agrees that the State, or its designated representative shall have the right to review and copy any records and supporting documentation pertaining to performance of this contract. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees or others who might reasonably have information related to such records. Further, contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this contract. 38. DISPUTES: a) The parties shall deal in good faith and attempt to resolve potential *disputes informally, If the dispute persists, Contractor shall submit to the Department Director or designee a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to or involving this Contract, unless the State, on its own initiative, has already rendered such a final decision. Contractor's written demand shall be fully supported by factual information, and if such demand involves a cost adjustment to the Contract, Contractor shall include with the demand a written statement signed by an authorized person indicating that the demand is made in good faith, that the supporting data are accurate and complete and that the amount requested accurately reflects the contract adjustment for which Contractor believes the State is liable. If the Contractor is not satisfied with the decision of the Department Director or designee, the Contractor may appeal the decision to the Department of General Services, Deputy Director, Procurement Division. In the event that this Contract is for information technology goods and/or services, the decision may be appealed to an Executive Committee of State and Contractor personnel. b) Pending the final resolution of any dispute arising under, related to or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods or providing of services in accordance with the State's instructions, Contractor's failure July 2006 Page 5 of 10 GSPD-401 Non-IT Commodities -CMAS CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) GENERAL PROVISIONS - NON-IT COMMODITIES to diligently proceed in accordance with the State's consideration in filling vacancies in positions funded by the instructions shall be considered a material breach of this Contract to qualified recipients of aid under Welfare and Contract. Institutions Code Section 11200 in accordance with PCC Section c) Any final decision of the State shall be expressly identified 10353. as such, shall be in writing, and shall be signed by the Department Director or designee or Deputy Director, 41. COVENANT AGAINST GRATUITIES: The contractor warrants Procurement Division if an appeal was made. If the State that no gratuities (in the form of entertainment, gifts, or otherwise) falls to render a final decision within 90 days after receipt of were offered or given by the contractor, or any agent or Contractor's demand, it shall be deemed a final decision representative of the contractor, to any officer or employee of the adverse to Contractor's contentions. The State's final State with a view toward securing the contract or securing decision shall be conclusive and binding regarding the favorable treatment with respect to any determinations dispute unless Contractor commences an action in a court concerning the performance of the contract. For breach or of competent jurisdiction to contest such decision within 90 violation of this warranty, the State shall have the right to days following the date of the final decision or one (1) year terminate the contract, either in whole or in part, and any loss or following the accrual of the cause of action, whichever is damage sustained by the State in procuring on the open market later. any items which contractor agreed to supply shall be bome and paid for by the contractor. The rights and remedies of the State 39. STOP WORK: provided in this clause shall not be exclusive and are in addition a) The State may, at any time, by written Stop Work Order to to any other rights and remedies provided by law or in equity, the contractor, require the contractor to stop all or any part, of the work called for by this contract for a period up to 90 42. NONDISCRIMINATION CLAUSE: days after the Stop Work Order is delivered to the a) During the performance of this contract, contractor and its contractor, and for any further period to which the parties subcontractors shall not unlawfully discriminate, harass or may agree. The Stop Work Order shall be specifically allow harassment, against any employee or applicant for identified as such and shall indicate it is issued under this employment because of sex, sexual orientation, race, color, clause. Upon receipt of the Stop Work Order, the contractor ancestry, religious creed, national origin, disability (including shall immediately comply with its terms and take all HIV and AIDS), medical condition (cancer), age, marital reasonable steps to minimize the incurrence of costs status, and denial of family care leave. Contractor and allocable to the work covered by the Stop Work Order during subcontractors shall insure that the evaluation and treatment the period of work stoppage, Within a period of 90 days of their employees and applicants for employment are free after a Stop Work Order is delivered to the contractor, or from such discrimination and harassment. Contractor and within any extension of that period to which the parties shall subcontractors shall comply with the provisions of the Fair have agreed, the State shall either: Employment and Housing Act (Government Code, Section I) Cancel the Stop Work Order; or 12990 et seq.) and the applicable regulations promulgated III Terminate the work covered by the Stop Work Order as thereunder (California Code of Regulations, Title 2, Section provided for in the termination for default or the 7285.0 et seq.). The applicable regulations of the Fair termination for convenience clause of this contract. Employment and Housing Commission implementing b) If a Stop Work Order issued under this clause is canceled or Government Code Section 12990 (a-f), set forth in Chapter 5 the period of the Stop Work Order or any extension thereof of Division 4 of Title 2 of the California Code of Regulations expires, the contractor shall resume work. The State shall are incorporated into this contract by reference and made a make an equitable adjustment in the delivery schedule, the part hereof as if set forth in full. Contractor and its contract price, or both, and the contract shall be modified, in subcontractors shall give written notice of their obligations writing, accordingly, if: under this clause to labor organizations with which they have 1) The Stop Work Order results in an increase in the time a collective bargaining or other agreement. required for, or in the contractor's cost properly b) The contractor shall include the nondiscrimination and allocable to the performance of any part of this compliance provisions of this clause in all subcontracts to contract; and perform work under the contract. ii) The contractor asserts its right to an equitable adjustment within 30 clays after the end of the period of 43. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: work stoppage; provided, that if the State decides the Contractor swears under penalty of perjury that no more than one facts justify the action, the State may receive and act final, unappealable finding of contempt of court by a federal court upon a proposal submitted at any time before final has been issued against the contractor within the immediately payment under this contract. preceding two-year period because of the contractor's failure to c) If a Stop Work Order is not canceled and the work covered comply with an order of the National Labor Relations Board. This by the Stop Work Order-is terminated in accordance with the provision is required by, and shall be construed in accordance provision entitled Termination for the Convenience of the with, PCC Section 10296, State, the State shall allow reasonable costs resulting from the Stop Work Order in arriving at the termination 44. ASSIGNMENT OF ANTITRUST ACTIONS: Pursuant to settlement- Government Code Sections 4552, 4553, and 4554, the following d) The State shall not be liable to the Contractor for loss of provisions are incorporated herein: profits because of a Stop Work Order issued under this a) in submitting an offer.-to the State, the supplier offers and clause. agrees that if the offer is accepted, it will assign to the State all rights, title, and interest in and to all causes of action it 40, PRIORITY HIRING CONSIDERATIONS: If this Contract includes may have under Section 4 of the Clayton Act (15 U.S.C, 15) services in excess of $200,000, the Contractor shall give priority or under the Cartwright Act (Chapter 2, commencing with July 2006 Page 6 of 10 Section 16700, of Part 2 of Division 7 of the Business and 47, SWEATFREE CODE OF CONDUCT: Professions Code), arising from purchases of goods, a) Contractor declares under penalty of perjury that no apparel, material, or services by the supplier for sale to the State garments or corresponding accessories, equipment, pursuant to the solicitation. Such assignment shall be made materials, or supplies furnished to the State pursuant to the and become effective at the time the State tenders final contract have been produced in whole or in part by payment to the supplier. sweatshop labor, forced labor, convict labor, indentured b) If the State receives, either through judgment or settlement, labor under penal sanction, abusive forms of child labor or a monetary recovery for a cause of action assigned under exploitation of children in sweatshop labor, or with the this chapter, the assignor shall be entitled to receive benefit of sweatshop labor, forced labor, convict labor, reimbursement for actual legal costs incurred and may, indentured labor under penal sanction, abusive forms of upon demand, recover from the State any portion of the child labor or exploitation of children in sweatshop labor. recovery, including treble damages, attributable to Contractor further declares under penalty of perjury that they overcharges that were paid by the assignor but were not adhere to the Sweatfree Code of Conduct as set forth on the paid by the State as part of the offer price, less the California Department of Industrial Relations website located expenses incurred in obtaining that portion of the recovery. -atwww.dir,ca.gov, and Public Contract Code Section 6108. c) Upon demand in writing by the assignor, the assignee shall, b) Contractor agrees to cooperate fully in providing reasonable within one year from such demand, reassign the cause of access to its records, documents, agents or employees, or{ action assigned under this part if the assignor has been or premises if reasonably required by authorized officials of the may have been injured by the violation of law for which the State, the Department of Industrial Relations, or the cause of action arose and -Department of Justice to determine Contractors compliance I) the assignee has not been injured thereby, or with the requirements under paragraph (a). ii) the assignee declines to file a court action for the cause of action. 48. RECYCLING: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post 45. DRUG-FREE WORKPLACE CERTIFICATION: The contractor consumer material as defined in the Public Contract Code certifies under penalty of perjury under the laws of the State of Section 12200, in products, materials, goods, or supplies offered California that the contractor will comply with the requirements of or sold to the State regardless of whether the product meets the' the Drug-Free Workplace Act of 1990 (Government Code Section requirements of Section 12209. With respect to printer or 8350 et seq.) and will provide a drug-free workplace by taking the duplication cartridges that comply with the -requirements of following actions: Section 12156(a), the certification required by this subdivision a) Publish a statement notifying employees that unlawful shall specify that the cartridges so comply (PCC 12205). manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying 49, CHILD SUPPORT COMPLIANCE ACT- For any contract in actions to be taken against employees for violations, as excess of $100,000, the contractor acknowledges in accordance required by Government Code Section 8355(a). with PCC Section 7110, that: b) Establish a Drug-Free Awareness Program as required by a) The contractor recognizes the importance of child and family Government Code Section 8355(b) to inform employees support obligations and shall fully comply with all applicable about all of the following., state and federal laws relating to child and family support I) the dangers of drug abuse in the workplace; enforcement, including, but not limited to, disclosure of il) the person's or organization's policy of maintaining a information and compliance with earnings assignment drug-free workplace; ' orders, as provided in Chapter 8 (commencing with Section ii!) any available counseling, rehabilitation and employee 5200) of Part 5 of Division 9 of the Family Code; and * assistance programs; and, b) The contractor, to the best of its knowledge is fully iv) penalties that may be imposed upon employees for complying with the earnings assignment orders of all drug abuse violations, employees and is providing the names of all new employees c) Provide, as required by Government Code Section 8355(c), to the New Hire Registry maintained by the California that every employee who works on the proposed or resulting Employment Development Department. contract: i) will receive a copy of the company's drug-free policy 50. AMERICANS WITH DISABILITIES ACT: Contractor assures the statement; and, State that Contractor complies with the Americans with ii) will agree to abide by the terms of the company's Disabilities Act of 1990 (42 U.S.C. 12101 et seq). statement as a condition of employment on the contract. 51. ELECTRONIC WASTE RECYCLING ACT OF 2003: The Contractor certifies that it complies with the requirements of the 46. FOUR-DIGIT DATE COMPLIANCE: Contractor warrants that it Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of will provide only Four-Digit Date Compliant (as defined below) Division 30, commencing with Section 42460 of the Public Deliverables and/or services to the State. 'Four Digit. Date Resources Code, relating to hazardous and solid waste, Compliant" Deliverables and services can accurately process, Contractor shall maintain documentation and provide reasonable calculate, compare, and sequence date data, including without access to its records and documents that evidence compliance. limitation date data arising out of or relating to leap years and changes in centuries. This warranty and representation is subject to the warranty terms and conditions of this Contract and does 52. USE TAX COLLECTION: In accordance with PCC Section not limit the generality of warranty obligations set forth elsewhere 10295.1, Contractor certifies that it complies with the herein. requirements of Section 7101 of the Revenue and Taxation Code. Contractor further certifies that it will immediately advise July 2006 Page 7 of 10 GSPD-401 Non-IT Commodities -CHAS 1=Qi1=ft11WW==Q a i im WeV 0 11-11 to] 0 RIS 0 LOU 5 1 MOT93 kyj I ill Lei 11111 RM State of any change in its retailers seller's permit or certification of registration or applicable affiliate's sellers permit or certificate of registration as described in subdivision (a) of PCC Section 10295.1. 53. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of PCC Section 10286 and 10286.1, and is eligible to contract with the State. i4t. DOMESTIC PARTNERS: For contracts executed o� amended after July 1, 2004, the contractor may elect to offer domestic partner benefits to the contractor's employees in accordance with Public Contract Code section 10295.3. However, the contractor cannot require an employee to cover the costs of providing any benefits, which have otherwise been provided to all employees regardless of marital or domestic partner status. Commencing on July 1, 2004, Contractor certifies that it is in compliance with the applicable provisions of PCC Section 10295.3 with regard to benefits for domestic partners. ADDITIONAL CMAS TERMS AND CONDITIONS 55. CMAS -- CONTRACTOR'S LICENSE REQUIREMENTS: Contracts that include installation or the wording "Furnish and Install" require at the time of contract award that contractors possess a valid California State Contractors License, If sub- contractors are used, they must also possess a valid California State Contractor's License. All businesses which construct or alter any building, highway, road, parking facility, railroad, excavation, or other structure in California must be licensed by the California State License Board (CSLB) if the total cost (labor and materials) of the project is $500.00 or more. Failure to be licensed or to keep the license current and in good standing shall be grounds for contract revocation. 56, CMAS —PUBLIC WORKS REQUIREMENTS (LABORIINSTALLATION). a) Prior to the commencement of performance, the Contractor must obtain and provide to the State, a payment bond, on Standard Form 807, when the Contract involves a public works expenditure (labor /installation costs) in excess of $5,000. Such bond shall be in a sum not less than one hundred percent ( * 100%) of the Contract price. Forms shall be provided to the Contractor. b) In accordance with the provisions of Section 1773 of the California Labor Code, the Contractor shall, conform and stipulates to the general prevailing rate of wages, including employer benefits as defined in Section 1773.1 of the California Labor Code, applicable to the classes of labor to be used for public works such as at the delivery site for the assembly and installation of the equipment or materials under the purchase order. Pursuant to Section 1770 of the California Labor Code, the Department of Industrial Relations has ascertained the general prevailing rate of wages in the county in which the work is to be done, to be as listed in the Department of Transportation booklet entitled General Prevailing Wage Rates. The booklet is compiled monthly and copies of the same are available from the Department of Industrial Relations, Prevailing Wage Unit at www.dir.ra,go (select Statistics & Research) or (415) 703- 4774. The booklet is required to be posted at the job site. c) The Contractor hereby certifies by signing this Contract that: I) Contractor has met or will comply with the standards of affirmative compliance with the Non-Discrimination Clause Requirements included herein. ii) Contractor is aware of the provisions of Section 3700 of the Labor Code that require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that C * ode, and Contractor will comply with such provisions before commencing the performance of the work of the purchase order, d) Laws to be Observed i) Labor Pursuant to Section 1775 of the California Labor Code the Contractor shall, as a penalty to the State or Political subdivision on whose behalf the purchase order is made or awarded, forfeit not more than fifty ($50.00) for each calendar day, or portions thereof, for each worker paid by him or subcontractor under him, less than the prevailing wage so stipulated; and in addition, the Contractor further agrees to pay to each workman the difference between the actual amount paid for each calendar day, or portions thereof, and the stipulated prevailing wage rate for the same. This provision shalt not apply to properly indentured apprentices. Pursuant to Sections 1810-1815 of the California Labor Code, inclusive, it is further agreed that the maximum hours a worker is to be employed is limited to eight hours a day and forty hours a week and the Contractor shall forfeit, as a penalty to the State, twenty-five ($25) for each worker employed in the execution of the purchase order for each calendar day during which a workman is required or permitted to labor more than eight hours in any calendar day or more than forty hours in any calendar week, in violation of California Labor Code Sections 1810-1815, inclusive, li) Worker's Compensation Insurance The Contractor will be required to secure the payment of compensation to its employees in accordance with the provisions of Labor Code Section 3700. iii) Travel and Subsistence Payments Travel and subsistence payments shall be paid to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773,8. iv) Apprentices Special attention is directed to Sections 1777,5, 1777.6, and 1777.7 of the California Labor Code and Title 8, California Administrative Code Section 200 et seq. Each contractor and/or subcontractor must, prior to commencement of the public works Contra ct[pu rch ase order, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, CA, or one of its branch offices to insure compliance and complete underManding of the law regarding apprentices and specifically the required ratio thereunder. Responsibility for compliance with this section lies with the prime Contractor. v) Payroll The Contractor shall keep an accurate payroll record /showing the name, social security account, and work classification specific and straight time and overtime hours worked by each employee. A certified copy of the employee's payroll record shall be available , for July 2005 Page 8 of 10 GSPD-401 Non-IT Commodities-CMAS we] go 1 q X—Al MOM M Lei 0 ME 101 Lei 0 a I 1KIIIIII111111 J111TIM 10 inspection as specified in section 1776 of the California a) Current State Employees (Public Contract Code Section Labor Code. 10410): I) No officer or employee shall engage in any 57. CMAS —TERMINATION OF CMAS CONTRACT: employment, activity or enterprise from which the a) The State may terminate this CMAS Contract at any time officer or employee receives compensation or has a upon 30 days prior written notice. financial interest and which is sponsored or funded by b) If the Contractor's GSA Multiple Award Schedule is any State agency, unless the employment, activity or terminated within the term of the California Multiple Award enterprise is required as a condition of regular State Schedule, the California schedule shall also be considered employment. terminated on the same date. Ili No officer or employee shall contract on his or her own c) Upon termination or other expiration of this Contract, each behalf as an independent contractor with any State party will assist the other party in orderly termination of the agency to provide goods or services. Contract and the transfer of all assets, tangible and b) Former State Employees (Public Contract Code Section intangible, as may facilitate the orderly, nondisrupted 10411): business continuation of each party. I) For the two-year period from the date he or she left d) Prior to the expiration of this Contract, this Contract may be State employment, no former State officer or employee terminated for the convenience of both parties by mutual may enter into a contract in which he or she engaged in consent, any of the negotiations, transactions, planning, e) This provision shall not relieve the Contractor of the arrangements or any part of the decision-making obligation to perform under any purchase -order or other process relevant to the Contract while employed in any similar ordering document executed prior to the termination capacity by any State agency. becoming effective. ii) For the twelve-month period from the date he or she left State employment, no former State officer or 58. CMAS -- CONTRACT AMOUNT: There is no guarantee of employee may enter into a contract with any State minimum purchase of Contractor's products or services by the agency if he or she was employed by that State agency State. in a policy-making position in the same general subject area as the proposed Contract within the twelve-month 59. CMAS — DEBARMENT CERTIFICATION (FEDERALLY period prior to his or her leaving State service. FUNDED CONTRACTS): When Federal funds are being expanded, the prospective recipient of Federal assistance funds 62. CMAS — SUBCONTRACTING REQUIREMENTS: is required to certify to the buyer, that neither It nor Its principals Any subcontractor that the CMAS supplier chooses to use in are presently debarred, suspended, proposed for debarment, fulfilling the requirements of this Contract/purchase order, and declared ineligible, or voluntarily excluded from participation in which is expected to receive more than ten (10) percent of value this transaction by any Federal department or agency. of the Contract/purchase order, must also meet all contractual, administrative, and technical requirements of the 60. CMAS -- PURCHASE ORDERS FUNDED IN WHOLE OR PART Contract/purchase order, as applicable. BY THE FEDERAL GOVERNMENT: All contracts (including individual orders), except for State construction projects, which 63. CMAS -- RENTAL AGREEMENTS: are funded in whole or in part by the federal government may be The State does not agree to: canceled with 30 days notice, and are subject to the following: # Indemnify a contractor; a) It is mutually understood Detween the parties that this . Assume responsibility for matters beyond its control; Contract (order) may have been written before ascertaining * Agree to make payments in advance; the availability of congressional appropriation of funds, for the mutual benefit of both parties, in order to avoid program . Accept any other provision creating a contingent liability and fiscal delays which would occur if the Contract (order) against the State: or were executed after that determination was made. . Agree to obtain insurance to protect the Contractor: b) This Contract (order) is valid and enforceable only if sufficient funds are made available to the State by the The State's responsibility for repairs and liability for damage or United States Government for the fiscal year during which loss is restricted to that made necessary by or resulting from the the order was generated for the purposes of this program. negligent act or omission of the State or its officers, employees, In addition, this Contract (order) is subject to any additional or agents. restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress that may If the Contractor maintains the equipment, the Contractor must affect the provisions, terms or funding of this Contract keep the equipment in good working order and make all (order) in any manner. necessary repairs and adjustments without qualification. The c) It is mutually agreed that if the Congress does not State may terminate for default or cease paying rent should the appropriate sufficient funds for the program, this Contract Contractor fail to maintain the equipment properly. (order) shall be amended to reflect any reduction in funds. The department has the option to void the Contract (order) Personal property taxes are not generally reimbursed when under the 30-day cancellation clause or to amend the leasing equipment (SAM 8736). Contract to reflect any reduction of funds. . 64. CMAS -- LEASE (Leas e $Mart TM): If an agency desires to lease 61. CMAS -- CONFLICT OF INTEREST: through Lease $Mart T11, the Contractor agrees to sell to lessor the assets at the same price as they agree to sell to the State. July 2006 Page 9 of 10 i X mci;4 1211:3 ZT-Al 1110:1 askyj V-1 • 0 M ki 65. CMAS -- QUARTERLY REPORTS: Contractors are required to submit quarterly business activity reports, as specified in this Contract, even when there is no activity. A separate report is required for each contract, as differentiated by alpha suffix. 66. CMAS -- LIQUIDATED DAMAGES: In the event that the Contractor fails to deliver in accordance with the Contract requirements, the, parties agree that the delay will Interfere with the proper implementation of the State's programs, to the loss and damage of the State. From the nature of the case, it would be Impracticable and extremely difficult to fix the actual damages sustained in the event of any such delay. The .State and Contractor, therefore, presume that in the event of any such delay the amount of damage which will be sustained from a delay will be the amounts set forth in the Statement of Work, and the State and the Contractor agree that in the event of any such delay, the Contractor shall pay such amounts as liquidated damages and not as a penalty. Amounts due the State as liquidated damages may be deducted by the State from any money payable to the Contractor. The State shall notify the Contractor in writing of any claim for liquidated damages pursuant to this paragraph on or before the date State deducts such sums from money payable to the Contractor, 67. CMAS -- PROGRESS PAYMENTSIPERFORMANCE BONDS: In accordance with PCC 10314: Any contract for goods to be manufactured by the Contractor specialty for the State and not suitable for sale to others in the ordinary course of the Contractor's business may provide, on such terms and conditions as the department deems necessary to protect the State's interests, for progress payments for work performed and costs incurred at the Contractor's shop or plant, provided that not less than 10 percent of the Contract price is required to be withheld untiffinal delivery and acceptance of the goods, and provided further, that the Contractor is required to submit a faithful performance bond, acceptable to the department, in a sum not less than one-half of the total amount payable under the Contract securing the faithful performance of the Contract by the Contractor. July 2006 Page 10 of 10 Furniture Proposal Corporate Business Interiors National Office Furniture, Inc. A "r CUSTOMER: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 -D H # FAX NUMBER# CUSTOMER P.O.# i I N95TT 2 1 91NA3636 MGYW X DATE PROPOSAL# 05/21/14 53987 PROJECT#: 2-849 INSTALL AT: CITY OF SEAL BEACH 211 8--H STREET SEAL BEACH, CA 90740 Coporate Yard - National SP- S T -- F A—RSON TERMS LYN VERNAZZA CMAS PLEASE MAKE YOUR PURCHASE OUT TO: NATIONAL OFFICE FURNITURE C/O CORPORATE BUSINESS INTERIORS 1205 KIMBALL BLVD, T ASPER, IN 47549 CMAS CONTRACT f4-11-71-0119A PLEASE MAKE SHIP TO READ: CENTRAL OFFICE INSTALLATION 8513 ROCHESTER AVENUE RANCHO CUCAMONGA, CA 91730 SWIFT,GANGING BRACKET,PACK OF 20 Tag s): RECEPTION MYRIAD,36DX36W,MAGAZINE TABLE,CYLINDER,RO1UND,W0OD NO GROMMET Skipped Opti--cn Tag s): RECEPTION SHIP VIA 112.48 112.48 505.1-1 505.11 susirka-s's lslterkw-'�- 5 S"'- D50 I 'J"; t J ")I,— R� , -• .tai CUSTOMER: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 PH# A L R R P DATE PROPOSAL# 05/21/14 53987 PROJFCT#: 2-849 INSTALL A CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 C000rate Yard - National FAX NUMBER# CUSTOMER P.O.# SALESPERSON --E-'-�Ms SHIP VIA LYN VERNAZZA CHAS PAGE 2 Q'T-Y PRODUCT DESCRIPTION SELL EACH SELL EXTEND 3 1 N95MAL SWIFT,ONE SEAT,SINGLE 957.90 957.90 ARM, LEFT 7 GRADE 7 71008 BRISA TRUFFLE ... Skipped Option 497 POLISHED ALUMINUM Tag(s): RECEPTION 4 1 N95MAR SWIFT,ONE SEAT,STNGLE 957.90 937.90 ARM,RIGHT GRADE 7 71008 BRISA TRUFFLE ... Skipped Option 497 POLISHED ALUMINUM Tag(s): RECEPTION 5 1 N93MC SWTFT,THREE SEAT,ARMLESS 1,565.60 1,565.60 7 GRADE 7 71008 BRISA TRUFFLE ... Skipped Opt-'on 497 POLISHED ALUMINUM Tag(s): RECEPTION 6 1 N95NNW SW7FT,CORNER TABLE,90 606.88 606.88 DEGREE,WOOD X NO GROMMET ... Skipped Option 497 POLISHED ALUMINUM Tag s): RECEPTION PAGE 2 corporate 3150 1 Ja -R— ,1, 403 t CUSTOMER: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 PH# DATE PROPOSAL# 05/21114 53987 PROJECT#: 2-849 INSTALL Al. CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 Coporate Yard - National FAX NUMBER# CUSTOMER P.O.# SALESPERSON TERMS SHIP VIA LYN VERNAZZA CMAS # QTY PRODUCT DESCRIPTION SELL EACH SELL EXTEND BY SIGNING BELOW YOU AGREE --0 TERMS AND CONDITIONS OF CBI. PRICING VALID FOR 15 DAYS. SUBTOTAL 4,705.87 ACCEPTED BY TAX 376.47 DATE ACCEPTED TOTAL 5,082.34 PAGE 3 OF 3 Corporate vwsi"4a--s - J CUSTOMER: CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH, CA 90740 PH# I DATE1 PROPOSAL# 105/21/14 153987B PROJECT#: 2-849 CITY OF SEA-- BEACH 211 8TH STREET SEAL BEACH, CA 90740 CORPORATE YARD - LABOR .AX NUMBER# CUSTOMER P.O.# SALESPERSON TERMS SHIP VIA LYN VERNAZZA NET 30 # QTY PRODUCT DESCRIPTION 'z'NL SELL E EACH SELL EX- 1 Labor PLEASE MAKE YOUR PURCHASE ORDER OUT TO CORPORATE BUSINESS INTERIORS, INC. Receive, deliver, install 6,400.00 furniture during normal working hours based on approved furniture plan. prevailing wage rates apply for modular, assembled product. s--andard rates for lounge, and side chairs 2 Project CBI project manager on site 520.00 manaceme for the duration of nt installation, insuring that instal--ers Install per approved furniture plan PM to field measure prior to installation. PM present during punch walk CB-- to genera--e installation drawings. BY SIGNING BELOW TOU AGREE TO TERMS AND CONDITIONS OF CBI. PRICING VALID FOR 15 DAYS. SUBTOTAL ACCEPTED BY TAX DATE ACCEPTED TOTAL PAGE 1 OF 1 520.00 6,920.00 553.60 7,473.60 CGS. August 30, 2011 Mr, Kevin McCoy National Office Furniture, Inc, 1205 Kimball Blvd Jasper, IN 47549 Subject: National Office Furniture, Inc.'s California Multiple Award Schedule (CMAS) CMAS Contract No.: 4-11-71-0119A CMAS Contract Term: August 30, 2011 through June 30, 2016 Base GSA Schedule No.: GS-27F-0034X The State of California is pleased to accept your firm's offer to establish a California Multiple Award Schedule (CMAS) contract, which we have assigned the CMAS contract number and term identified above. This contract number must be shown on each invoice rendered. Additionally, this letter shall not be construed as a commitment to purchase any or all of the State's requirements from your firm. Prior approval is required from the State for all news releases regarding this contract. It is your firm's responsibility to furnish, upon request, a copy of this CMAS contract to State and local government agencies. A complete CMAS contract includes the following: 1) this acceptance letter, 2) CMAS cover pages (which includes the signature page, ordering instructions and special provisions, Std. 204 Payee Data Record, and any attachments or exhibits as prepared by the CMAS Unit), 3) CMAS terms and conditions, 4) Federal GSA terms and conditions, and 5) product/service listing and prices. The CMAS Unit strongly recommends that government agencies place orders with Contractors who provide AL of the contract elements described above. To manage this contract, Contractors are directed to the 'CMAS Contract Management and Information Guide", which can be accessed at www,dgs.ca.gov/pd/12rograms/leveraged/cmas,aspx, then select the "For Suppliers/Contractors" link. This guide covers topics such as CMAS Quarterly Reports, amendments, extensions, renewals, Contractor's change of address or contact person, company name change requests, and marketing your CMAS contract. It is the Contractor's responsibility to submit on a timely basis detailed CMAS Quarterly Reports (along with any applicable incentive fees). THE FIRST QUARTERLY REPORT DUE FOR THIS CONTRACT IS Q3-2011 (JULY-SEPT) DUE BY OCTOBER 15, 2011. The "Approved CMAS Contractor' logo is only available to CMAS contract holders for display at conferences or on other marketing material. A login and password is required to download the logo. Go to www-dqs.ca.gov/po/resources.aspx, then select "California Multiple Award Schedules (CMAS) Resources. At the prompt, enter the login: "cmassupplier" and the password: "cmas010194". Should you have any questions regarding this contract, please contact me at 916/375-4387. Thank you for your continued cooperation and support of the CMAS Program. MARISA TRUAX, Program Analyst California Multiple Award Schedules Unit PROCUREMENT DIVISION f — - of CcA:iow`C ! "' , " - yf ae vick:5 AgQrIcy 7'7 -!` 1 ti I, 2od' Floor :1 West 5ocia—, 9to CA ?1-05 ' i r s,A 7r 4366 916-175,46,53 Procurement Division 707 Third Street, 2nd Floor, MS #2-202 Das West Sacramento, CA 95605-2811 State of California MULTIPLE AWARD SCHEDULE v al j I I wa" 2 BER: - - - ------------ 14-11-71-0119A T CMAS CONTRACTr AC D1 1 through 6/30/2016 TT EG CONTRACT CATEG N Information Technology Gocia-s--li, APPLICABLE j TERMS • C OND ITI • August 2010 MAXIMUM ORDER $100,000 '_V0_R USE BY: State & ocal Government Agencies r ,*-ASE GSA S HEDU N • GS-27F-0034X 4 BASE SCHEDULE ROLDER: 1 National Office Furniture, Inc. This contract provides for the This contract provides for the purchase, warranty, set-in-place assembly, and design/layout services of furniture products. (See page 2 for the restrictions applicable to this contract.) NOTICE: Products and/or services on this CMAS contract may be available on a Mandatory Statewide Contract (formerly Strategically Sourced Contract). If this is the case, the use of this CMAS contract is restricted unless the State agency has an approved exemption pursuant to MM 05-11, and as further explained in the Statewide Contract User Instructions. Information regarding Statewide Contracts can be obtained at the website: http://www,documents,dgs.ca,gov/pd/contracts/contractindexlisting.htm, This requirement is not applicable to local government entities. State agencies cannot use this CMAS contract to purchase products available through the California Prison Industry Authority (CALPIA) without a one-time exemption from CALPIA. Agencies may request an exemption at the following website: www.ralpia.ca.gov/General Info/ExemptionProcess.html. A copy of the approved exemption must be kept with the purchase order for audit purposes. The most current Ordering Instructions and Special Provisions and CMAS Terms and Conditions, products and/or services and pricing are included herein. All purchase orders issued under this contract incorporate the following Ordering Instructions and Special Provisions and CMAS Terms and Conditions dated August 2010- Agency non-compliance with the requirements of this contract may result in the loss of delegated authority to use the CMAS program. Contractor non-compliance with the requirements of this contract may result in contract termination, ' !'N i Effective Date: 8/30/2011 MARISA TRUAX, Program Analyst, California Multiple Award Schedules Unit CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) NATIONAL OFFICE FURNITURE, INC. CMAS NO. 4-11-71-0119A CMAS PRODUCT SERVICE CODES The CMAS Product & Service Codes listed below are for marketing purposes only. Review this CMAS contract and the base contract identified below for the products and/or services available on this contract, Brand-National Furniture-Cafeteria Furniture-Chairs Furniture-Chairs Stacking Furniture-Computer Worktables Fumiture-Conference Room Furniture-Ergonomic Seating Furniture-Executive Office Furniture-Office Furniture - Seating Furniture-Tables Furniture-Upholstered AVAILABLE PRODUCTS AND/OR SERVICES The ordering agency must verify all products and/or services are currently available on the base GSA schedule at the GSA eLibrary. Access the GSA eLibrary at wwwjsaelibrary.gsa.gov. EXCLUDED PRODUCTS AND/OR SERVICES Services such as, rental/leasing, maintenance, repair, and public works installation services with a requirement for State contractor licensing are not available under this contract. CMAS BASE CONTRACT This CMAS contract is based on some or all of the products and/or services and prices from GSA #GS-27F-0034X (NATIONAL OFFICE FURNITURE, INC.) with a GSA term of 313112011 through 3/30/2016. The term of this CMAS contract incorporates an extension of three months beyond the expiration of the base GSA contract, and is shown in the "CMAS Term Dates" on page 1. CONTRACTOR OWNERSHIP INFORMATION National Office Furniture, Inc, is a large business enterprise, ISSUE PURCHASE ORDER TO Agencies with questions regarding products and/or services may contact the contractor as follows: Contact: Angie Trouft Phone: (800) 482-1213, Ext 8466 E-mail: angela.troutt@nationalofFicefurniture.com Ordering Instructions and Special Provisions Orders placed with National Office Furniture, Inc.. SUBMIT ORDERS TO: National Office Furniture, Inc. 1205 Kimball Blvd Jasper, IN 47549 Attn: Government Dept Fax No.: 812/481-6166 Orders placed with an Authorized Dealer must be addressed as shown below, and payment must be made payable to the Authorized Dealer identified on the invoice as shown below: SUBMIT ORDERS TO: National Office Furniture, Inc. c/o Authorized Dealer Authorized Dealer's Address See Attachment 1 of this CMAS contract for the list of authorized resellers and their contact information. For invoicing purposes, each State Accounting office must have a copy of the reselter's Payee Data Record (Std. 204) in order to process payment of the invoice. Agencies should forward a copy of the Std. 204 to their accounting office. Without the Std. 204, payment may be unnecessarily delayed. AUTHORIZED DEALERS ARE RESPONSIBLE FOR SENDING A COPY OF ALL PURCHASE ORDERS TO KIMBALL INTERNATIONAL MARKETING .- INC. FOR CMAS QUARTERLY SALES REPORTING. . the Stat is revising this paragraph to name National Office Furniture, Inc. CALIFORNIA SELLER'S PERMIT National Office Furniture, Inc.'s California Seller's Permit No. is 101017016. Prior to placing an order with this company, agencies should verify that this permit is still valid at the following website: www,boe,ca,gov. When issuing an order to an authorized reseller listed on a CMAS contract, it is the agency's responsibility to ensure that the reseller holds a valid California Seller's Permit CONTRACT PRICES The maximum prices allowed for the products and/or services available in this CMAS contract are those set forth in the base contract identified on page 2 of this contract. The ordering agency is encouraged to seek prices lower than those on this CMAS contract. When responding to an agency's Request for Offer (RFO), the contractor can offer lower prices to be competitive. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) NATIONAL OFFICE FURNITURE, INC. CMAS NO. 4-11-71-0119A PRICE DISCOUNTS This CMAS contract contains significant price discounts off the manufacturer's list price. See the base GSA schedule for the Casegoods and Seating Volume Discounts Off List prices. Prompt Payment Discount: 1.5% 15 days, for product only. Prompt payment terms are not applicable to credit card orders. MINIMUM ORDER LIMITATION There is no minimum dollar value limitation on orders placed under this contract. CANCELLATION ANQJOR RESTOCKING FEE See GSA schedule Commercial Price List pages 2-3 for Restocking Fee and Cancellation Fee information. DARFUR CONTRACTING ACT This contractor has certified compliance to the Darfur Contracting Act per PCC section 10475, et seq. See the attached certification from this contractor regarding this act. !AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) Ordering departments executing purchases using ARRA funding must attach the ARRA Supplemental Terms and Conditions document to their individual RFOs and purchase documents. Departments are reminded that these terms and conditions supplement, but do not replace, standard State terms and conditions associated with this CMAS contract. The ARRA Supplemental Terms and Conditions can be accessed at www.documents.dqs.ca,goyli)d/poliproc/ARRATand�/�20 C081009final.odf. WARRANTY For warranties, see the federal GSA schedule and the CMAS Terms and Conditions, General Provisions, CMAS Warranty. SHIPPING INSTRUCTIONS F.O.B. (Free On Board) Destination. Seller pays the freight charges. DELIVERY 90 days or less after receipt of order, or as negotiated between agency and contractor and included in the purchase order, or as otherwise stipulated In the contract. Ordering Instructions and Special Provisions PURCHASING AUTHORITY DOLLAR THRESHOLD No CMAS order may be executed by a State agency that exceeds that agency's CMAS purchasing authority threshold or the CMAS maximum order limit, whichever is less, HOW TO USE CMAS CONTRACTS Agencies must adhere to the detailed requirements in the State Contracting Manual (SCM) when using CMAS contracts. The requirements for the following bullets are in the SCM, Volume 2, Chapter 6 (for non-IT) and the SCM, Volume 3, Chapter 6 (for IT); • Develop a Request for Offer, which includes a Scope of Work (SOW), and Bidder Declaration form. For information on the Bidder Declaration requirements, see the SCM, Volume 2, Section 3.5.7 and Volume 3, Section 3.4.7. • Search for potential CMAS contractors at wi6w w.dga.oa.gov /polProrirams /Leveraged /GMAS.aspx, ms/Leveraged1QMAS,aspx, select 'Find a CMAS Contract." • Solicit offers from a minimum of 3 CMAS contractors including one small business and /or DVBE, if available, who are authorized to sell the products and/or services needed • If soliciting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Deciarations form (Sid. 843) in the Request for Offer. This declaration must be completed and returned by the DVBE prime contractor and/or any DVBE subcontractors. (See the SCM Volumes 2 and 3, Chapter 3) • This is not a bid transaction, so the small business preference, DVBE participation goals, protest language, intents to award, evaluation criteria, advertising, etc., are not applicable. • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers solicited did not respond with an offer. • Assess the offers received using best value methodology, with cost as one of the criteria. • Issue a Purchase Order to the selected contractor. • For CMAS transactions under $5,000 only one offer is required if the State agency can establish and document that the price is fair and reasonable. • Orders for Information Technology goods and services exceeding $250,000 require approval by Agency Secretary and Department Director or immediate next ranking official. Local governments set their own order limits, and are not bound by the order limits on the cover page of this contract. SPLITTING ORDERS Splitting orders to avoid any monetary limitations is prohibited. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS} NATIONAL OFFICE FURNITURE, INC. CMAS NO. 4-11-71-0119A Do not circumvent normal procurement methods by 4. Multiple Contracts an STD. 65 Order Form splitting purchases into a series of delegated purchase orders (SAM 3572). Agencies may include multiple CMAS contracts from the same contractor an a single Sid. 65 Splitting a project into small projects to avoid either fiscal Contract/Delegation Purchase Order. For or procedural controls is prohibited (SAM 4619.34). guidelines, see the SCM, Volumes 2 & 3, Chapter 6.84.1. K 1. Order Form State agencies shall use a Contract/Delegation Purchase Order (Std, 65) for purchases and services. Local governments shall, in lieu of the State's Purchase Order (Std- 65), use their own purchase order document. Electronic copies of the State Standard Forms can be found at the Office of State Publishing website. The site provides information on the various forms and use with the Adobe Acrobat Reader, Beyond the Reader capabilities, Adobe Acrobat advanced features may be utilized if you have Adobe Business Tools or Adobe Acrobat 4.0 installed on your computer. Direct link to the Standard Form 65- www.das.ca.covlosD/Proarams/FormsManaaementO enter/Fill.PrintListaso 2. Purchase Orders State and Local Government agencies are required to send a copy of each CMAS purchase order to: Department of General Services Procurement Division, Data Management Unit PO Box 989052, MS #2-203 West Sacramento, CA 95798-9052 (or via Interagency Mail Service #Z-1) The agency is required to complete and distribute the order form. For services, the agency shall modify the information contained on the order to include the service period (start and end date), and the monthly cost (or other intermittent cost), and any 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 orders that are not accurate. Discrepancies are to be negotiated and incorporated into the order prior to the products and services being delivered. 3. Service and Delivery after Contract Expiration The purchase order must be issued before the CMAS contract end term expires. However, delivery of the products or completion of the services may be after the contract end term expires (unless otherwise specifically stated in the contract), but must be as provided for in the contract and as specified in the purchase order. Ordering Instructions and Special Provisions 5. Amendments to Agency's Purchase Orders Agency purchase orders cannot be amended if the CMAS contract has expired, The SCM, Volumes 2 & 3, Chapter 6,A5.0 provides the following direction regarding amendments to all types of CMAS purchase orders: Original orders, which include options for changes (e.g., quantity or lime), that were evaluated and considered In the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an NCB is approved for those amendments. Amendments unique to non-IT services are covered in the SCM, Volume 2, Chapter 6.132.9 as follows: If the original contract permitted amendments, but did not specify the changes (e.g., quantity or time), it may be amended. This only applies to the first amendment. The time shall not exceed one year, or add not more than 300% of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the NCB process must be followed. Also, see the SCM, Volumes 2 & 3, Chapter 8, Topic 6, for more information on amending purchase orders. SMALL BUSINESS MUST BE CQN$IDERED Prior to placing orders under the CMAS program, State agencies shall whenever practicable first consider offers from small businesses that have established CMAS contracts [GC Section 14846(b)]. NOTE: The Department of General Services auditors will request substantiation of compliance with this requirement when agency files are reviewed. The following wabsfte lists CMAS Small Business and Disabled Veteran Partners: www,dgs.ca.goy/oci/PLo-qramsiLeverogdlCMAS.aspx then select "Find a CMAS Contractor." CALIFORNIA MULTIPLE AWARD SCHEDULE {CMAS) NATIONAL OFFICE FURNITURE, INC. CMAS NO. 4-11-71-0119A In response to our commitment to increase participation NEW EQUIPMENT RtQUIRED by small businesses, the Department of General Services waives the administrative fee (a fee currently The State will procure new equipment. All equipment charged to customer agencies to support the CMAS must be new (or warranted as newly manufactured) and program) for orders to certified small business the latest model in current production. Used, shopworn, enterprises. demonstrator, prototype, or discontinued models are not acceptable. See the current fees in the DGS Price Book at- www.dqs.ca.gov/ofs/Resources/Pricebook.asi3x SMALL BUSINESSIDVBE - TRACKING State agencies are able to claim subcontracting dollars towards their small business or DVBE goals whenever the Contractor subcontracts a commercially useful function to a certified small business or DVBE- The Contractor will provide the ordering agency with the name of the small business or DVBE used and the dollar amount the ordering agency can apply towards its small business or DVBE goal. SMALL BUSINESS/DVBE - §VgPQNTRACTING 1. The amount an ordering agency can claim towards achieving its small business or DVBE goals is the dollar amount of the subcontract award made by the Contractor to each small business or DVBE. 2. The Contractor will provide an ordering agency with the following information at the time the order is quoted: a. The Contractor will state that, as the prime Contractor, it shall be responsible for the overall execution of the fulfillment of the order. The Contractor will indicate to the ordering agency how the order meets the small business or DVBE goal, as follows: • List the name of each company that is certified by the Office of Small Business and DVBE Certification that it intends to subcontract a commercially useful function to; and • Include the small business or DVBE certification number of each company listed, and attach a copy of each codification; and • Indicate the dollar amount of each subcontract with a small business of DVBE that may be claimed by the ordering agency towards the small business or DVBE goal; and • Indicate what commercially useful function the small business or DVBE subcontractor will be providing towards fulfillment of the order. 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. Ordering Instructions and Special Provisions Where Federal Energy Management Program (FEMP) standards are available, ail State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards. SPECIAL MANUFACTURED GOODS Any contract for goods to be manufactured by the contractor specifically for the State and not suitable for sale to others may require progress payments. For Non-IT goods contracts, see the CMAS contract Non- IT Commodities Terms & Conditions, Provision #69, Progress Payments. PRODUCT ASSEMBLY The contractor Is fully responsible for all assembly services performed under the CMAS contract, Product assembly 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. FURNITURE— INSTALLATION PRICING The net prices for the products do not include the cost for installation. Installation services are negotiated on a project by project basis. Pricing for installation shall not exceed commercial price, (the price contractors charge their regular commercial customers). The total dollar value of all services included in a purchase order must not exceed the dollar value of the products. It is incumbent upon the user to identify whether the costs for installation and other requirements are fair and equitable. The contractor is fully responsible for all installation services performed under this CMAS contract. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) NATIONAL OFFICE FURNITURE, INC. CMAS NO. 4-11-71-0119A IMAGING SER%ACES, COMPUTER AIDED DRAFTING fCAD) OR COMPUTER AIDED DESIGN AND DRAFTING,LqADD) CONSTRAINTS All imaging and CADICADD drawings to be used as instruments of service for design or construction of buildings that are not exempt from the Architectural Practice Act must be developed under the supervision, signed and stamped by a design professional who Is licensed by the State. Notwithstanding the contract provisions, these services are NOT available through CMAS. These services may be used for other purposes besides the construction process addressed above (animated movies, electronic circuit board design, drafting of projects that are not buildings such as furniture, etc.). For example, electronic conversion of paper drawings to electronic drawings. Even if these drawings are for nonexempt structures, there Is no design or construction involved in the drafting services and, therefore, the services are acceptable if provided for in the CMAS contract, OPEN MARKETIINCIDENTAL, NON-SCHEDULE 11M 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. If the NSP provision is not included in the schedule, or the products and/or services required do not qualify under the parameters of the NSP provision, the products and/or services must be procured separate from CMAS. NOT SPECIFICALLY PRICED (NSP) ITEMS Contractors must be authorized providers of the hardware, software andilpf services they offer under the Not Specifically Priced (NSP) Items provision. Agency and 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 contract may not be identified as an NSP item. Ordering Instructions and Special Provisions 4. Maximum Order Limitation- For orders $260,000, 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. 5. An NSP item included in an order issued against a contract is subject to all of the terms and conditions set forth in the contract 6. 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 contract: 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 contract, 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 contract, is not subordinate to a specifically priced cable, and is not eligible to be an NSP item. 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. 4. Any other Rem or class of items specifically excluded from the scope of this contract. 5. Public Works components NOT incidental to the total purchase order amount. 6. Products or services the contractor is NOT factory authorized or otherwise certified or trained to provide. T. Follow-on consultant services that were previously recommended or suggested by the same contractor. The contractor is required to reject purchase orders containing NSP items that do not conform to the above requirements. The contractor will promptly notify the agency issuing the non-conforming order of its non- acceptance and the reasons for its non-acceptance. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) NATIONAL OFFICE FURNITURE, INC. CMAS NO. 4-11-71-0119A STATE AND LOCAL GOVERNMENTS CAN USE WAS State and local government agency use of CMAS contracts is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including UC, CSU, K-12 schools and community colleges empowered to expend public funds. While the State makes this contract available, each local government agency should make its own determination whether the CMAS program is consistent with their procurement policies and regulations. UPDATES ANDIQR CHANGES A CMAS amendment is not required for updates and/or changes once the update and/or change becomes effective for the federal GSA schedule, except as follows A CMAS amendment is required when the contract is based on products and/or services from another contractor's multiple award contract and the contractor wants to add a new manufacturer's products and/or services- A CMAS amendment is required for new federal contract terms and conditions that constitute a material difference from existing contract terms and conditions. A material change has a potentially significant effect on the delivery, quantity or quality of items provided, the amount paid to the contractor or on the cost to the State- A CMAS amendment is required for changes to contracts that require California Prison Industry Authority (CALPIA) approval. A CMAS amendment is required to update andlor change terms and conditions and/or products and services based on a non-federal GSA multiple award contract. §ELF-PELETING FEDERAL GSA TERMS AND CONDITIONS Instructions, or terms and conditions that appear in the Special Items or other provisions of the federal GSA and apply to the purchase, license, or rental (as applicable) of products or services by the U.S. Government in the United Slates, and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision). Federal regulations and standards, such as Federal Acquisition Regulation (FAR), Federal Information Resources Management Regulation (FiRMR), Federal Information Processing Standards (FIPS), General Services Administration Regulation (GSAR), or Federal Installment Payment Agreement (FIPA) shall be self- deleting. Federal blanket orders and small order procedures are not applicable. Ordering Instructions and Special Provisions The CMAS Terms and Conditions shall prevail if there is a conflict between the terms and conditions of the contractor's federal GSA (or other multiple award contract), packaging, invoices, catalogs, brochures, technical data sheets or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS). APPLICABLE CODES, POLICIES AND GUIDELINES All California codes, policies, and guidelines are applicable. THE USE OF CMAS DOES NOT REDUCE OR RELIEVE STATE AGENCIES OF THEIR RESPONSIBILITY TO MEET STATEWIDE REQUIREMENTS REGARDING CONTRACTING OR THE PROCUREMENT OF GOODS OR SERVICES. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS contracts. Notwithstanding this, there is no guarantee that "every" possible requirement that pertains to all the different and unique State processes has been included. STATEWIDE PROCUREMENT REQUIREMENTS Agencies must carefully review and adhere to all statewide procurement requirements in the SCM, Volumes 2 and 3, such as: • Automated Accounting System requirements of State Administrative Manual (SAM) Section 7250-62 • Productive Use Requirements, per the SCM, Volume 3, Chapter 2, Section 2.136.2. SAM Sections 4819.41 and 4832 certifications for information technology procurements and compliance with policies. • Services may not be paid for in advance. Agencies are required to file with the Department of Fair Employment and Housing (DFE14) a Contract Award Report Sid. 16 for each order over $5,000 within 10 days of award, including supplements that exceed $5,000. • Pursuant to Public Contract Code Section 10359 State agencies are to report all Consulting Services Contract activity for the preceding fiscal year to DOS and the six legislative committees and individuals that are listed on the annual memorandum from DGS. • Pursuant to Unemployment Insurance Code Section 1088.8, State and local government agencies must report to the Employment Development Department (EDD) all payments for services that equal $600 or more to independent sole proprietor contractors. See the contractor's Std. Form 204, Payee Data Record, in the CMAS contract to determine sole proprietorship. For inquiries regarding this subject, contact EDIT at (916) 651-6945 for technical questions or (888) 745-38816 for information and forms. • Annual small business and disabled veteran reports. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) NATIONAL OFFICE FURNITURE, INC. CMAS NO. 4-11-71 -01 19A Post evaluation reports. Public Contract Code 10369 requires State agencies to prepare post evaluations on form Std. 4 for all completed non-IT consulting services contracts of more than $5,000. Copies of negative evaluations for non-IT consulting services only must be sent to the DGS, Of of Legal Services. The Bureau of State Audits requires State agencies annually to certify compliance with these requirements. ETHNICITY /RACE/GENDER REPORTING REQUIREMENT Effective January 1, 2047, in accordance with Public Contract Code 10111, State agencies are to capture information on ethnicity, race, and gender of business ovvners, (not subcontractors) for all awarded contracts, including CAL-Card transactions. Each department is required to independently report this information to the Governor and the Legislature on an annual basis. Agencies are responsible for developing their own guidelines and forms for collecting and reporting this information, Contractor participation is voluntary. PAYMENTS AND INVOICES 1. Payment Terms Payment terms for this contract are net 45 days. Payment will be made In accordance with the provisions of the California Prompt Payment Act, Government Code Section 927 at. seq. Unless expressly exempted by statute, the Act requires State agencies to pay property submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or 00 receipt of an undisputed invoice, whichever is later. 2. Payee Data Record (Std. 204) Each State accounting office must have a copy of the attached Payee Data Record (Std, 204) in order to process payment of invoices. Agencies should forward a copy of the Slid. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. 3. DGS Administrative and Incentive Fees orders from State Agencies: The Department of General Services (DGS) will bill each State agency directly an administrative fee for use of CMAS contracts. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS, This administrative fee is waived for CMAS purchase orders issued to California certified small businesses. Ordering Instructions and Special Provisions See the current administrative fees in the DGS Price Book at: m".dgs.ca.tiov/ofstResources/Pricebook.asox Ofta from Local GovjMment Agencies: Effective for CMAS orders dated 1/1/2010 or later, CMAS contractors, who are not California certified small businesses, are required to remit to the DGS an incentive fee equal to 1% of the total of all local government agency orders (excluding sales tax and freight) placed against their CMAS contract(s). This incentive fee is in lieu of local government agencies being billed the above referenced DGS administrative fee. This incentive fee Is waived for CMAS purchase orders issued to California certified small businesses. The check covering this fee shall be made payable to the Department of General Services, CMAS Unit, and mailed to the CMAS Unit along with the applicable Quarterly Report. See the provision in this contract entitled 'Contractor Quarterly Report Process" for information on when and where to send these checks and reports. 4. Contractor Invoices Unless otherwise stipulated, the contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following: • Contract number • Agency purchase order number • Agency Bill Code • Line Item number • Unit price • Extended line item price • Invoice total Slate sales tax andfor use tax shall be itemized separately and added to each Invoice as applicable. The company name on the CMAS contract, purchase order and invoice must match or the State Controllers 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 (GC 11256 - -11253 and 11019). It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription, may be paid in advance if a provision addressing payment in advance is included in the purchase order. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) NATIONAL OFFICE FURNITURE, INC. CMAS NO. 4-11-71-0119A Warranty upgrades and extensions may also be paid Important things to remember regarding CMAS Quarterly for in advance, one time. Business Activity Reports (referred to as 'reports' below): • A report is required for each CMAS contract each 6. Credit Card quarter, even when no new purchase orders are received in the quarter. National Office Furniture, Inc. accepts the State of 0 A separate report is required for each CMAS California credit card (CAL-Card). contract. A Purchasing Authority Purchase Order (Std. 65) is required even when the ordering department chooses to pay the contractor via the CAL-Card. Also, the DGS administrative fee is applicable for all CMAS orders to suppliers not California certified as a small business. 7. Leasing Except for Federal Lease to Own Purchase (LTOP) and hardware rental provisions with no residual value owed at end term ($1 residual value is acceptable), Federal GSA Lease provisions are NOT available through CMAS because the rates and contract terms and conditions are not acceptable or applicable to the State. SEAT Management financing options are NOT available through this contract. As an alternative, agencies may consider financing through the State's financial marketplace GS $Martrm. All terms and conditions and lenders are pre-approved for easy financing. The GS $Martrm Internet address is www.das.ca.uovlod/Droarams/statefiAandatmr-KetpiaLoe.asax. Buyers may contact the GS $Martm Administrator, Pat Mullen by phone at (916) 375-4617 or via e-mail at pat.muIIen&4ci§.Ca.gov for further information. CgNjB,4CTQR.QUARTER1,Y REPORT PROCESS Contractors are required to submit a detailed CMAS Business Activity Report on a quarterly basis to the CMAS Unit. See Attachment 8 for a copy of this form and instructions. This report shall be mailed to: Department of General Services Procurement Division - CMAS Unit Attention: Quarterly Report Processing PO Box 989052, MS #2-202 West Sacramento, CA 95798-9052 Reports that include checks for incentive fees or that exceed a total of 5 pages must be mailed and shall not be faxed or e-mailed. All other reports may be faxed or e-mailed to the attention of Quarterly Report Processing as follows: CMAS Unit Fax Number: (916) 375-4663 CMAS Unit E-Mail: ctnas@dgs.ca.gov For the full instructions on completing and submitting WAS Quarterly Business Activity Reports, and a soft copy of a blank quarterly report form, go to www.das.ca.aov /od /P rograms/Leveracied/CMAS.asiox-, then select 'For Suppliers/Contractors. Ordering Instructions and Special Provisions • 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. • Contractors must report the sales activity for all resellers listed on their CMAS contract. • Any report that does not follow the required format or that excludes required information will be deemed incomplete and returned to the contractor for corrections, • Taxes and freight must not be included in the report. • For CMAS orders dated 11112010 or later, contractors are no longer required to attach copies of purchase orders to their reports. This changed requirement will start on Q1 -2010 reports, which are due 411512010. • For CMAS orders dated 111/2010 or later, contractors who are not California certified small businesses must attach to their quarterly report a check covering the required incentive fee for all CMAS sales to local government agencies (see more information below). This new requirement Will start on Q1 -2010 reports, which are due 4115/2010. • New contracts, contract renewals or extensions, and contract modifications will be approved only if the contractor has submitted all required quarterly reports and incentive fees. CMAS Quarterly Business Activity Reports are due in the CMAS Unit within two weeks after the end of each quarter as shown below: Quarter 1 Jan 1 to Mar 31 Due Apr 15 Quarter 2 _!�pr I to Jun 30 Due Jul 15 Quarter 3 Jul I to Sep 30 Due Oct 16 Quarter 4 Oct I to Dec 31 Due Jan 15 CONTRACTOR QUARTERLY INCENTIVE FEES CMAS contractors who are not California certified small businesses must remit to the DGS an incentive fee equal to 1 % of the total of all local government agency orders (excluding sales tax and freight) placed against their CMAS contract(s). This incentive fee is in lieu of local government agencies being billed the above referenced DGS administrative fee. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) NATIONAL OFFICE FURNITURE, INC. CMAS NO. 4-11-71-0119A CMAS contractors cannot charge local government agencies an additional 1% charge on a separate line item to cover the incentive fee, The contractor must include the 1% incentive fee In the price of the products or services offered, and the line item prices must not exceed the applicable GSA prices. A local government agency is any city, county, district, or other local governmental body, including the California State University (CSU) and University of California (UC) systems, K-12 public schools and community colleges empowered to expend public funds. This incentive fee is waived for CMAS purchase orders issued to California certifiedsmall 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 contract entitled "Contractor Quarterly Report Process" for information on when and where to send these checks and reports. CONTRACTOR PROVIDES COPY OF THE CONTRACT AND SUPPLEMENTS AQ.FzNGY RESPONSIBILITY Agencies must contact contractors to obtain copies of the contracts and compare them for a best value purchasing decision. Each agency is responsible for its own contracting program and purchasing decisions, Including use of the CMAS program and associated outcomes. 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 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. CMAS contractors are required to provide the entire contract that consists of the following: CONFLICT PF INTEREST • Cover pages with DGS logo and CMAS analyst's signature, and Ordering Instructions and Special Provisions. • Payee Data Record (Std. 204). • California CMAS Terms and Conditions. • Federal GSA Terms and Conditions. • Federal GSA products, services, and price list. • Supplements, if applicable. It is important for the agency to confirm that the required products, services, and prices are included in the contract and are at or below contract rates. To streamline substantiation that the needed items are in the contract, the agencies should ask the contractor to Identify the specific pages from the contract that include the required products, services, and prices. Agencies should save these pages for their file documentation. CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED When a subcontractor ultimately provides all of the . products or performs all of the services that a contractor has agreed to provide, and the prime contractor only handles the Invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature, and does not provide a Commercially Useful Function (CUF). It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs. Ordering Instructions and Special Provisions 10 Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the attached CMAS Terms and Conditions, Conflict of Interest, for more information. FEDERAL DEBARMENT When federal funds are being expended, the agency is required to obtain (retain in file) a signed 'Federal Debarment' certification from the contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). LIQUIDATED DAMAGES FOR LATE DELIVERY The value of the liquidated damages must be included in the purchase order to be applicable, mutually agreed upon by agency and contractor, and cannot be a penalty. 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. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) NATIONAL OFFICE FURNITURE, INC. CMAS NO, 4-11-71-0119A AMERICANS WITH DISABILITY ACT (ADA) Section 504 of the Rehabilitation Act of 1973 as amended; Title \11 and VII of the Civil Rights Act of 1954 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. DGS PROCUREMENT DIVISION CONTACT AND PHONE NUMBER Department of General Services Procurement Division, CMAS Unit 707 Third Street, 2"d Floor, MS 202 West Sacramento, CA 95605-2811 Phone # (916) 375-4363 Fax 9 (916) 375-4663 Ordering instructions and Special Provisions CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) NATIONAL OFFICE FURNITURE, INC. CMAS No. 4-11-71-0119A ■ + i 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 TTYITDD (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 YOUR r IT IS BEST THAT WE RECEIVE YOUR REQUEST AT LEAST WORKING DAYS BEFORE r r CONFERENCE, WORKSHOP, etc.) OR DEADLINE r DUE-DATE PROCUREMENT DOCUMENTS. The Procurement Division TTY telephone numbers are: The California Delay Service Telephone Numbers are: i i � • t Ordering Instructions and Special Provisions 12 F4 R ul P tU - >J- A] mml ■� L: 0 0 CL M 0 U L: .0 4) z O t RS 0 0 Ct, co ar cri 0 ai 0 s. 0 LL *1 L: E z c tv E 0 E z 0. Ls fL s. W, J! o H} iv CL Z' 1LU � 0 Mo 0. H SO O IL cis 41% 0 CL ra 0 O is VAI 0) ca Bi a) U) 0 V V) C) 0 E lntll Ri v 0 CL OL 73 0 < --1 0 V- C14 CV) I%r a a a a L: 0 0 CL M 0 U L: .0 4) z O t RS 0 0 Ct, co ar cri 0 ai 0 s. 0 LL *1 L: E z c tv E 0 E z 0. Ls fL s. W, J! o H} iv CL Z' 1LU � 0 Mo 0. H SO O IL cis 41% 0 CL ra 0 O is VAI 0) ca Bi a) U) 0 V V) C) 0 E lntll Ri v ATTACHMENT B WAS QUARTERLY BUSINESS Ac nvn'Y REPORT Instructions for completing the CMAS Quarterly Business Activity Report. 1. Complete the top of the form with the appropriate information for your company. 2. Agency Name - Identify the State agency or Local Government agency that issued the order. 3. Purchase Order Number - Identify the purchase order number {and amendment number if applicable} on the order form. This is not your invoice number. This is the number the State agency or Local Government agency assigns to the order. 4. Purchase Order Date - Identify the date the purchase order was issued, as shown on the order. This is not the date you received, accepted, or invoiced the order. 5. Agency milling Code - Identify the State agency billing code. This is a five -digit number identified on the upper right hand comer of the Std. 65 purchase order form. You must identify this number on ail purchases made by State of California agencies. Billing codes are not applicable to Local Government agencies. 6. Total Dollars Per PO - Identify the total dollars of the order excluding tax and freight, Tax must NOT be included in the quarterly report, even if the agency includes tax on the purchase order. The total dollars per order should indicate the entire purchase order amount (less tax and freight) regardless of when you invoice order, perform services, deliver product, or receive payment. T. Agency Contact - Identify the ordering agency's contact person on the purchase order. S. Agency Address - Identify the ordering agency's address on the purchase order. 9. Phone Number - Identify the phone number for the ordering agency's contact person. 16. Total State Sales & Total Local Sales - Separately identify the total State dollars and/or Local Government agency dollars (pre -tax) for all orders placed in quarter. 11. 1 % Remitted to DGS - Identify 1 % of the total Local Government agency dollars reported for the quarter. This is the amount to be remitted to DGS by contractors who are not California certified small businesses. 12. Grand Total - Identify the total of all State and Local Government agency dollars reported for the quarter. Notes: • A report is required for each WAS contract, each quarter, even when there are no new orders for the quarter. • Quarterly reports are due two weeks after the end of the quarter. updated 111/2010 14 STATE Of CALIFORNIA - DEPARTMENT OF FINANCE PAYEE DATA RECORD (Required when receiving payment From the State of California in lieu of IRS W -9) STD. 204 (Rev. 6-2003) INSIKUC I TUNS: Complete all intonnatton on this tone. Sign, date, and return to the State agency (departmentloffice) address shown at the bottom of this page. Prompt return of this fully completed form will prevent delays when processing payments. Information provided in this form will be used by State agencies to prepare Information Returns (1099). See reverse aide for more information and Privacy Statement. NOTE: Governmental entities, federal, State, and local (including school districts), are not required to submit this form, PAYEE'S LEGAL BUSINESS NAME (Type or Print) Office Furniture, Inc. ❑National 2 SOLE PROPRIETOR- ENTER NAME AS SHOWN ON SSN (Last, First, M.I.) E- MAILADDRESS Gov @NationalOfficeFumi ttire.corn MAILING ADDRESS BUSINESS ADDRESS 1205 Kimball Blvd. 1205 Kimball Blvd. CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE Jasper, IN 47549 Jasper, IN 47549 3] E FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN): 3— a J 5 l 7 17 l 5 l 9 l 4 l NOTE: Payment Payment will not 0 PARTNERSHIP CORPORATION: be processed PAYEE ❑ MEDICAL (e.g., dentistry, psychotherapy, chiropractic, etc.) without an ENTITY 0 ESTATE OR TRUST Q LEGAL (e.g., attorney services) accompanying TYPE © EXEMPT (nonprofit) taxpayer I.D. 0 ALL OTHERS number. CHECK ANON dX INDIVIDUAL ENTER ER SOCIAL SECURITY NUMBER: SSN required by authority of Califomia Revenue and Tax Code Section 18646) 0 California resident - qualified to do business in California or maintains a permanent place of business in California. 0 California nonresident (see reverse side) - Payments to nonresidents for services may be subject to State income tax PAYEE withholding. RESIDENCY ❑ No services performed In California. STATUS ❑ Copy of Franchise Tax Board waiver of State withholding attached. I hereby certify under penalty of perjury that the information provided on this document is true and correct. a Should my residency status change, I will promptly notify the State agency below. AUTHORIZED PAYEE REPRESENTATIVE'S NAME (Type or Print) TITLE Kevin McCoy Vice President, General Manager SIGNATURE. DATE TELEPKONE f80 0 482 -1213 Please return completed o: Department/Office: Unit/Section: Mailing Address: City/State/Zip: Telephone: (_) Fax: (_) E -mail Address: GS P D-4 01 Non-IT Commodities -CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON-IT COMMODITIES DEFINITIONS: The following terms shall be given the meaning shown, unless context requires otherwise or a unique meaning is otherwise specified. a) "Business entity" means any individual, business, partnership, joint venture, corporation, S-corporation, limited liability corporation, limited liability partnership, sole proprietorship, joint stock. company, consortium, or other private legal entity recognized by statute. b) "Buyer" means the States authorized Contracting official. c) "Contract" means this Contract or agreement (including any purchase ordeo, by whatever name known or in whatever format used. d) "Contractor" means the Business Entity with whom the State enters into this Contract. Contractor shall be synonymous with "supplier", "vendor" or other similar term. e) "Goode (commodities) means all types of tangible personal property, including but not limited to materials, supplies, and equipment (including computer equipment and telecommunications). f) "Stabs" means the government of the State of California, its employees and authorized representatives, Including without limitation any department agency, or other unit of the government of the State of California, 2. CONTRACT FORMATION: It this Contract results from a Contract Offer, then Contractor's offer is deemed a firm offer and this Contract document is the State's acceptance of that offer. 3. COMPLETE INTEGRATION. This Contract, including any documents Incorporated herein by express reference, is Intended to be a complete integration and there are no prior or contemporaneous different or additional agreements pertaining to the subject matter of the Contract 4. SEVERABILITY. The Contractor and the State agree that if any provision of this Contract is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the Contract shall remain in full force and effect. Either party having knowledge of such term or provision shall promptly inform the other of the presumed non-applicability of such provision. 5. INDEPENDENT CONTRACTOR: Contractor and the agents and employees of Contractor, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the State. 6. APPLICABLE LAW: This Contract shall be governed by and shall be interpreted in accordance with the laws of the State of California; venue of any action brought with regard to this Contract shall be in Sacramento County, Sacramento, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Contract, 7, COMPLIANCE WITH STATUTES AND REGULATIONS: a) Contractor warrants and certifies that in the performance of this Contract, it will comply with all applicable statutes, rules, regulations and orders of the United States and the State of California and agrees to indemnify the State against any loss, cost, damage or liability by reason of Contractor's violation of this provision. b) It this Contract is in excess of $554.000, it is subject to the requirements of the World Trade Organization (WTO) Government Procurement Ag reemend (GPA). CONTRACTOR'S POWER AND AUTHORITY: The Contractor warrants that it has full power and authority to grant the rights herein granted and will hold the State harmfless from and against any loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty. Further, Contractor avers that it will not enter into any arrangement With any third party which might abridge any rights of the State under this Contract. a) The State will notify Contractor of any such claim in writing and tender the defense thereof within a reasonable time', and b) Contractor will have sole control of the defense of any action on such claim and all negotiations for Its settlement or compromise; provided that (I) when substantial principles of government or public law are involved, when litigation might create precedent affecting future State operations or liability, or when involvement of the State is othewise mandated by law, the State may participate in such action at Its own expense with respect to attorneys' fees and costs (but not liability); (ii) the State will have the fight to approve or disapprove any settlement or compromise, which approval will not unreasonably be withheld or delayed; and (III) the State will reasonably cooperate in the defense and in any related settlement negotiations_ 9. CMAS — ASSIGNMENP. This Contract shall not be assignable by the Contractor in whole or In part v.4thaut the written consent of the State. For the purpose of this paragraph, State will not unreasonably prohibit Contractor from freely assigning its right to payment, provided that Contractor remains responsible for its obligations hereunder. Should the State desire financing of the assets provided hereunder through GS $Mart, the State*s financial marketplace, the Contractor agrees to assign to a State-designated lender its right to receive payment from the State for the assets In exchange for payment by the tender of the cash purchase price for the assets, Upon notice to do so from the State-designated lender at any time prior to payment by the State for the assets, the Contractor will execute and deliver to the State-designated lender an assignment agreement and any additional documents necessary for the State selected financing plan. The State- designated lender will pay the Contractor according to the terms of the Contractor's invoice upon acceptance of the assets by the State. 10. WAIVER OF RIGHTS: Any action or inaction by the State or the failure of the State on any occasion, to enforce any right or provision of the Contract, shall not be construed to be a waiver by the State of its rights hereunder and shall not prevent the State from enforcing such provision or right on any future occasion. The rights and remedies of the State herein are cumulative and are in addition to any other rights or remedies that the State may have at law or ;n equity, 111. CMAS — ORDER OF PRECEDENCE: In the event of any inconsistency between the articles, attachments, specifications or provisions which constitute this Contract, the following order of precedence shall apply: a) these General Provisions — Non-IT Commodities; b) Contract form, i.e., Purchase Order STD 65, etc., and any amendments thereto; c) federal GSA (or other multiple award) terms and conditions; August 2010 Page 1 of 10 GSPD-40%on-IT Commodities-CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON-IT COMMODITIES d) Statement of Work, including any specifications payment for the excess Goods, and may return them to incorporated by reference herein; Contractor at Contractor's expense or utilize any other rights e) special terms and conditions; and available to the State at law or in equity, 0 all other attachments incorporated In the Contract by reference. 16. SUBSTITUTIONS. Substitution of Goods may not be tendered without advance written consent of the Buyer. Contractor shall 12. PACKING AND SHIPMENT: not use any specification in lieu of those contained in the a) All Goods are to be packed in suitable containers for Contract without written consent of the Buyer, protection in shipment and storage, and in accordance with applicable specifications. Each container of a multiple 17. INSPECTION, ACCEPTANCE AND REJECTION: container shipment shall be identified to: a) Contractor and its subContractors will provide and maintain show the number of the container and the total number a quality assurance system acceptable to the State covering of containers in the shipment; and Goods and services under this Contract and will tender to Ili) the number of the container in which the packing sheet the State only those Goods that have been inspected and has been enclosed. found to conform to this Contract's requirements. b) All shipments by Contractor or its subContractors must Contractor mill keep records evidencing inspections and include packing sheets identifying: the State's Contract their result, and will make these records available to the number item number; quantity and unit of measure; part State during Contract performance and for three years after number and description of the Goods shipped; and final payment. Contractor shall permit the State to review appropriate evidence of inspection, if required. Goods for procedures, practices, processes and related documents to different Contracts shall be listed on separate packing determine the acceptability of Contractor's quality assurance sheets, system or other business practices related to performance c) Shipments must be made as specified in this Contract, as it of the Contract. may be amended, or otherwise directed in writing by the b) All Goods may be subject to Inspection and test by the State State's Transportation Management Unit within the or its authorized representatives. Department of General Services, Procurement Division. c) Contractor and its subContractors shall provide all reasonable facilities for the safety and convenience of 13. TRANSPORTATION COSTS AND OTHER FEES OR inspectors at no additional cost to the State. Contractor EXPENSES: No charge for delivery, drayage, express, parcel shall furnish to inspectors all information and data as may post, packing, cartage, insurance, license fees, permits, cost of be reasonably required to perform their inspection. bonds, or for any other purpose will be paid by the State unless d) All Goods to be delivered hereunder may be subject to final expressly included and itemized in the Contract. inspection, test and acceptance by the State at destination, a) Contractor must strictly follow Contract requirements notwithstanding anypayment or Inspection at source. regarding Free on Board (F.O.B.), freight terms and routing e) The State shall give written notice of rejection of Goods instructions. The State may permit use of an alternate delivered or services performed hereunder within a carrier at no additional cost to the State with advance written reasonable time after receipt of such Goods or performance authorization of the Buyer- of such services. Such notice of rejection will state the b) If *prepay and add" is selected, supporting freight bills are respects in which the Goods do not substantially conform to required when over S50, unless an exact freight charge is their specifications. If the State does not provide such notice approved by the Transportation Management Unit within the of rejection within thirty (30) days, unless otherwise specified Department of General Services Procurement Division and a in the Statement of Work, of delivery, such Goods and waiver is granted, services will be deemed to have been accepted. Acceptance- c) On "F.O.B. Shipping Point- transactions, should any by the State will be final and irreversible, except as it relates shipments under the Contract be received by the State in a to latent defects, fraud, and gross mistakes amounting to damaged condition and any related freight loss and damage fraud. Acceptance shall not be construed to waive any claims filed against the carrier or carriers be wholly or warranty rights that the State might have at law or by partially declined by the carrier or carriers with the inference express reservation in this Contract with respect to any that damage was the result of the act of the shipper such as nonconformity. inadequate packaging or loading or some inherent defect in the equipment and/or material, Contractor, on request of the 18. SAMPLES: State, shall at Contractor's own expense assist the State in a) Samples of items may be required by the State for establishing carrier liability by supplying evidence that the inspection and specification testing and must be furnished equipment andlof material was property constructed, free of expense to the State. The samples furnished must manufactured, packaged, and secured to withstand normal be identical in all respects to the products offered andfor transportation conditions. specified in the Contract. b) Samples, if not destroyed by tests, May, upon request made 14. TIME IS OF THE ESSENCE: Time is of the essence in this at the time the sample is furnished, be returned at Contract Contractor's expense. 15. DELIVERY; Contractor shall strictly adhere to the delivery and 19. CMAS — WARRANTY: The following warranty language is in completion schedules specified In this Contract. Time, if stated as addition to the warranty language provided in the federal GSA a number of days, shall mean calendar days unless otherwise Multiple Award Schedule or other base Contract used to establish specified. The quantities specified herein are the only quantities this CMAS Contract. When there is a conflict between the required, If Contractor defivers In excess of the quantities language, the following warranty language overrides. specified herein, the State shall not be required to make any August 2010 Page 2 of 10 GSPD-401Non-1T Commodities-CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON-IT COMMODITIES Unless otherwise specified, the warranties contained In this designee, shall terminate by delivering to the Contractor a Contract begin after acceptance has occurred. Notice of Termination specifying the extent of termination a) Contractor warrants that Goods and services furnished and the effective date thereof. The parties agree that, as to hereunder will conform to the requirements of this Contract the terminated portion of the Contract, the Contract shall be (including all descriptions, specifications and drawings made deemed to remain in effect until such time as the termination a part hereof), and such Goods will be merchantable, fit for settlement, if any, is concluded and the Contract shall not be their intended purposes, free from all defects in materials void. and workmanship and to the extent not manufactured b) After receipt of a Notice of Termination, and except as pursuant to detailed designs furnished by the State, free directed by the State, the Contractor shall immediately from defects in design. The State's approval of designs or proceed with the following obligations, as applicable, specifications furnished by Contractor shall not relieve the regardless of any delay in determining or adjusting any Contractor of its obligations under this warranty, amounts due under this clause, The Contractor shall: b) All warranties, including special warranties specified i) Stop work as specified in the Notice of Termination elsewhere herein, shall inure to the State, its successors, !I) Place no further subContracts for materials, services, assigns, customer agencies and users of the Goods or or facilities, except as necessary to complete the services. continued portion of the Contract. iii) Terminate all subContracts to the extent they relate to 20. SAFETY AND ACCIDENT PREVENTION: In performing work the work terminated. under this Contract on State premises, Contractor shall conform iv) Settle all outstanding liabilities and termination to any specific safety requirements contained in the Contract or settlement proposals arising from the termination of as required by law or regulation. Contractor shag take any subContracts; the approval or ratification of which will additional precautions as the State may reasonably require for be final for purposes of this clause_ safety and accident prevention purposes. Any violation of such rules and requirements, unless promptly corrected, shall be 24. TERMINATION FOR DEFAULT: grounds for termination of this Contract in accordance with the a) The State may, subject to the Force Majeure paragraph default provisions hereof. contained herein, by written notice of default to the Contractor, terminate this Contract in whole or in part if the 21. INSURANCE: When performing work on property in the care, Contractor falls to: custody or control of the State, Contractor shall maintain all Ij Deliver the Goods or to perform the services within the commercial general liability insurance, workers' compensation time specified in the Contract or any amendment insurance and any other insurance the State deems appropriate thereto; under the Contract. Contractor shall furnish an insurance ii) Make progress, so as to endanger performance of this certificate evidencing required insurance coverage acceptable to Contract (but see subparagraph (b) below); or the State. Upon request by the Buyer, the Contractor may be III) Perform any of the other provisions of this Contract (but required to have the State shown as an "additional insured" on see subparagraph (b), below). selected policies. b) The State's right to terminate this Contract under subparagraphs (a)(ii) and (a)(iii) above, may be exercised if 22. TERMINATION FOR NON-APPROPRIATION OF FUNDS: the Contractor does not cure such failure within the time a) If the term of this Contract extends into fiscal years frame stated In the cure notice issued by the Buyer. subsequent to that in which it is approved, such continuation c) If the State terminates this Contract in whole or In part, it of the Contract is contingent on the appropriation of funds may acquire, under the terms and in the manner the Buyer for such purpose by the Legislature. If funds to effect such considers appropriate, Goods or services similar to those continued payment are not appropriated, Contractor agrees terminated, and the Contractor will be liable to the State for to take back any affected Goods furnished under this any excess costs for those Goods or services, However, the Contract, terminate any services supplied to the State under Contractor shall continue the work not terminated. this Contract, and relieve the State of any further obligation d) If the Contract is terminated for default, the State may therefor. require the Contractor to transfer title and deliver to the b) STATE AGREES THAT IF PARAGRAPH (is) ABOVE IS State, as directed by the Buyer, any, INVOKED, GOODS SHALL BE RETURNED TO THE 1) Completed Goods, and CONTRACTOR IN SUBSTANTIALLY THE SAME ii) Partially completed Goods and materials, parts, tools, CONDITION IN WHICH DELIVERED TO THE STATE, dies, jigs, fixtures, plans, drawings, information, and SUBJECT TO NORMAL WEAR AND TEAR. STATE Contract rights (collectively referred to as FURTHER AGREES TO PAY FOR PACKING, CRATING, "manufacturing materials" in this clause) that the TRANSPORTATION TO CONTRACTORS NEAREST Contractor has specifically produced or acquired for the FACILITY AND FOR REIMBURSEMENT TO THE terminated portion of this Contract. Upon direction of CONTRACTOR FOR EXPENSES INCURRED FOR THEIR the Buyer, the Contractor shall also protect and ASSISTANCE IN SUCH PACKING AND CRATING. preserve property in its possession in which the State has an interest. 23. TERMINATION FOR THE CONVENIENCE OF THE STATE: e) The State shall pay Contract price for completed Goods a) The State may terminate performance of work under this delivered and accepted, The Contractor and Buyer shall Contract for its convenience In whole or, from time to time, agree on the amount of payment for manufacturing in part, if the Department of General Services, Deputy materials delivered and accepted for the protection and Director. Procurement Division, or designee, determines that preservation of the property. Failure to agree will be a a termination is in the State's interest. The Department of dispute under the Disputes clause- The State may withhold General Services, Deputy Director, Procurement Division, or from these amounts any sum the Buyer determines to be August 2010 Page 3 o €10 GSPD -401 Non -IT Commodities -CHAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON -IT COMMODITIES necessary to protect the State against loss because. of installed by the Contractor, or for damage to alterations or outstanding liens or claims of former lien holders. attachments that may result from the normal operation and 0 If, after terminal ion, it is determined that the Contractor was maintenance of the Goods provided by the Contractor during not in default, or that the default was excusable, the rights the Contract. and obligations of the parties shall be the same as if the termination had been issued for the convenience of the 28. INDEMNIFICATION: Contractor agrees to indemnify, defend and State. save harmless the State, its officers, agents and employees from g) The rights and remedies of the State in this clause are in any and all claims and losses accruing or resulting to any and all addition to any other rights and remedies provided by law or Contractors, subContractors, suppliers, laborers and any other under this Contract. person, firm, or corporation furnishing or supplying work, services, materials or supplies in connection with the 25. FORCE MAJEURE: performance of this Contract, and from any and all claims and Except for defaults of subContractors at any tier, the Contractor losses accruing or resulting to any person, firm or corporation shall not be liable for any excess costs if the failure to perform the which may be injured or damaged by Contractor in the Contract arises from causes beyond the control and without the performance of this Contract. fault or negligence of the Contractor. Examples of such causes include, but are not limited to: 29. INVOICES: Unless otherwise specified, invoices shall be sent to a) Acts of God or of the public enemy, and the address set forth herein. Invoices shall be submitted in b) Acts of the federal or state government in either its triplicate and shall include the Contract number; release order sovereign or Contractual capacity. number (if applicable); item number; unit price, extended item If the failure to perform is caused by the default of a price and invoice total amount. State sales tax and/or use tax subContractor at any tier, and if the cause of the default is shall be itemized separately and added to each invoice as beyond the control of both the Contractor and subContractor, and applicable. without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform. 30. REQUIRED PAYMENT DATE: Payment will be made in accordance with the provisions of the California Prompt Payment 26. RIGHTS AND REMEDIES OF STATE FOR DEFAULT: Act, Government Code Section 927 et. seq. Unless expressly a) In the event any Goods furnished or services provided by exempted by statute, the Act requires state agencies to pay the Contractor in the performance of the Contract should fail properly submitted, undisputed invoices not more than 45 days to conform to the requirements herein, or to the sample after (i) the date of acceptance of Goods or performance of submitted by the Contractor, the State may reject the same, services; or (ii) receipt of an undisputed invoice, whichever is and it shall become the duty of the Contractor to reclaim and later. remove the item promptly or to correct the performance of services, without expense to the State, and immediately 31. TAXES: Unless otherwise required by law, the State of California replace all such rejected items with others conforming to the is exempt from Federal excise taxes. The State will only pay for Contract. any State or local sales or use taxes on the services rendered or b) In addition to any other rights and remedies the State may Goods supplied to the State pursuant to this Contract. have, the State may require Contractor, at Contractor's expense, to ship Goods via air freight or expedited routing to 32. NEWLY MANUFACTURED GOODS: All Goods furnished under , avoid or minimize actual or potential delay if the delay is the this Contract shall be newly manufactured Goods; used or fault of the Contractor. reconditioned Goods are prohibited, unless otherwise specified. c) In the event of the termination of the Contract, either in whole or in part, by reason of default or breach by the 33. CONTRACT MODIFICATION: No amendment or variation of the Contractor, any loss or damage sustained by the State in terms of this Contract shall be valid unless made in writing, procuring any items which the Contractor agreed to supply signed by the parties and approved as required. No oral shall be borne and paid for by the Contractor. understanding or agreement not incorporated in the Contract is d) The State reserves the right to offset the reasonable cost of binding on any of the parties. all damages caused to the State against any outstanding invoices or amounts owed to Contractor or to make a claim 34. CONFIDENTIALITY OF DATA: All financial, statistical, personal, against the Contractor therefore. technical and other data and information relating to the State's operation which are designated confidential by the State and 27. CONTRACTOR'S LIABILITY FOR INJURY TO PERSONS OR made available to the Contractor in order to carry out this DAMAGE TO PROPERTY: Contract, or which become available to the Contractor in carrying a) The Contractor shall be liable for damages arising out of out this Contract, shall be protected by the Contractor from injury to the person and /or damage to the property of the unauthorized use and disclosure through the observance of the State, employees of the State, persons designated by the same or more effective procedural requirements as are State for training, or arty other person(s) other than agents applicable to the State. The identification of all such confidential or employees of the Contractor, designated by the State for data and information as well as the State's procedural any purpose, prior to, during, or subsequent to delivery, requirements for protection of such data and information from installation, acceptance, and use of the Goods either at the unauthorized use and disclosure shall be provided by the State in Contractor's site or at the State's place of business, writing to the Contractor. If the methods and procedures provided that the injury or damage was caused by the fault employed by the Contractor for the protection of the Contractor's or neligence of the Contractor. data and information are deemed by the State to be adequate for b) Contractor shall not be liable for damages arising out of or the protection of the State's confidential information, such caused by an alteration or an attachment not made or methods and procedures may be used, with the written consent August 2010 Page 4 of 10 CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON-IT COMMODITIES of the State, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of this Contract, or is rightfully obtained from third parties. 35. NEWS RELEASES: Unless otherwise exempted, news releases pertaining to this Contract shall not be made without prior written approval of the Department of General Services. 36. PATENT, COPYRIGHT AND TRADE SECRET INDEMNITY: a) Contractor shall hold the State of California, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the Contract. b) Contractor may be required to furnish a bond to the State against any and all loss, damage, costs, expenses. claims and liability for patent, copyright and trade secret infringement, c) Contractor, at its own expense, shall defend any action brought against the State to the extent that such action is based upon a claim that the Goods or software supplied by the Contractor or the operation of such Goods pursuant to a current version of Contractor supplied operating software infringes a United States patent or copyright or violates a trade secret, The Contractor shall pay those costs and damages finally awarded against the State in any such action. Such defense and payment shall be conditioned on the following: I) That the Contractor shall be notified within a reasonable time In writing by the State of any notice of such claim; and, ii) That the Contractor shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of government or public law are involved, the State shall have the option to participate in such action at its own expense. d) Should the Goods or software, or the operation thereof, become, or in the Contractor's opinion are likely to become, the subject of a claim of infringement of a United States patent or copyright or a trade secret, the State shall permit the Contractor at its option and expense either to procure for the State the right to continue using the Goods or software, or to replace or modify the same so that they become non-infringing. If none of these options can reasonably be taken, or if the use of such Goods or software by the State shall be prevented by Injunction, the Contractor agrees to take back such Goods or software and make every reasonable effort to assist the State in procuring substitute Goods or software. if, in the sole opinion of the State, the return of such infringing Goods or software makes the retention of other Goods or software acquired from the Contractor under this Contract impractical, the State shall then have the option of terminating such Contracts, or applicable portions thereof, without penalty or termination charge. The Contractor agrees to take back such Goods or software and refund any sums the Slate has paid Contractor less any reasonable amount for use or damage. e) The Contractor shall have no liability to the State under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon i) The combination or utilization of Goods furnished hereunder with equipment or devices not made or furnished by the Contractor, or, ii) The operation of equipment furnished by the Contractor under the control of any operating software other than, or in addition to, the current version of Contractor-supplied operating software; or Ili) The modification by the State of the equipment furnished hereunder or of the software; or lv) The combination or utilization of software furnished hereunder vilth non-Contractor supplied software. Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Contract for the acquisition, operation or maintenance of computer software in violation of copyright laws, g) The foregoing states the entire liability of the Contractor to the State with respect to infringement of patents, copyrights or trade secrets. 37. EXAMINATION AND AUDIT, Contractor agrees that the Slate, or its designated representative shall have the right to review and copy any records and supporting documentation pertaining to performance of this Contract. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated Contractor agrees to allow the auddar(s) access to such records during normal business hours and to allow interviews of any employees or others who might reasonably have information related to such records. Further. Contractor agrees to include a similar right of the State to audit records and interview staff in any subContract related to performance of this Contract. 38. DISPUTES: a) The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, Contmcfar shall submit to the Department Director or designee a written demand for a final decision regarding the disposition of any dispute between the patties arising under, related to or involving this Contract, unless the State, on its own initiative, has already rendered such a final decision. Contractor's written demand shall be fully supported by factual information, and If such demand 'involves a cost adjustment to the Contract, Contractor shall include with the demand a written statement signed by an authorized person indicating that the demand is made in good faith, that the supporting data are accurate and complete and that the amount requested accurately reflects the Contract adjustment for which Contractor believes the State Is liable. If the Contractor is not satisfied with the decision of the Department Director or designee, the Contractor may appeal the decision to the Department of General Services, Deputy Director, Procurement Division. In the event that this Contract is for information technology Goods and/or services, the decision may be appealed to an Executive Committee of State and Contractor personnel, b) Pending the final resolution of any dispute arising under, related to or involving this Contract, Contractor agrees to diligenitly proceed with the performance of this Contract, including the delivery of Goods or providing of services in accordance with the State's instructions. Contractor's failure August 2010 Page 5 of 10 GSPD-401 Non-IT CizImmodifies-CHAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON-IT COMMODITIES to diligently proceed in accordance with the State's consideration in filing vacancies in positions funded by the instructions shall be considered a material breach of this Contract to qualified recipients of aid under Welfare and Contract, Institutions Code Section 11200 in accordance with PCC Section c) Any final decision of the State shall be expressly identified 10353. as such, shall be in writing, and shall be signed by the Department Director or designee or Deputy Director, 41, COVENANT AGAINST GRATUITIES: The Contractor warrants Procurement Division if an appeal was made. If the State that no gratuities (in the form of entertainment, gifts, or otherwise) falls to render a final decision within 90 days after receipt of were offered or given by the Contractor, or any agent or Contractor's demand, it shall be deemed a final decision representative of the Contractor, to any officer or employee of the adverse to Contractor's contentions. The State's final State with a view toward securing the Contract or securing decision shall be conclusive and binding regarding the favorable treatment with respect to any determinations dispute unless Contractor commences an action in a court concerning the performance of the Contract For breach or of competent jurisdiction to contest such decision within 90 violation of this warranty, the State shall have the right to days following the date of the final decision or one (1) year terminate the Contract, either in whole or in part, and any loss or following the accrual of the cause of action, whichever is damage sustained by the State in procuring on the open market later. any items which Contractor agreed to supply shall be bome and paid for by the Contractor. The rights and remedies of the State 39. STOP WORK, provided in this clause shall not be exclusive and are in addition a) The State may, at any time, by written Stop Work Order to to any other rights and remedies provided by law or in equity. the Contractor, require the Contractor to stop all, or any part, of the work called for by this Contract for a period up to 90 42, NONDISCRIMINATION CLAUSE: days after the Stop Work Order is delivered to the a) During the performance of this Contract, Contractor and its Contractor, and for any further period to which the parties subCDntractors shall not unlawfully discriminate, harass or may agree. The Stop Work Order shall be specifically allow harassment, against any employee or applicant for identified as such and shall indicate it is issued under this employment because of sex, sexual orientation, race, color, clause. Upon receipt of the Stop Work Order, the ancestry, religious creed, national origin. disability (Including Contractor shall immediately comply with its terms and take HIV and AIDS), medical condition (cancer), age, marital all reasonable steps to minimize the incurrence of costs status, and denial of family care leave. Contractor and allocable to the work covered by the Stop Work Order during subContractofs shall insure that the evaluation and the period of work stoppage. Within a period of 90 days treatment of their employees and applicants for employment after a stop work Order is delivered to the Contractor, or are free from such discrimination and harassment. within any extension of that period to which the parties shall Contractor and subContractors shall comply with the have agreed, the State shall either: provisions of the Fair Employment and Housing Act I) Cancel the Stop Work Order; or (Government Code, Section 12990 et seq.) and the li) Terminate the work covered by the Stop Work Order as applicable regulations promulgated thereunder (California provided for in the termination for default or the Code of Regulations, Title 2, Section 7285.0 et seq.). The termination for convenience clause of this Contract. applicable regulations of the Fair Employment and Housing b) It a Stop Work Order issued under this clause Is canceled or Commission implementing Government Code Section the period of the Stop Work Order or any extension thereof 12990 (a-Ij, set forth in Chapter 5 of Division 4 of Title 2 of expires, the Contractor shall resume work, The State shall the Ca4tomis Code of Regulations are incorporated into this make an equitable adjustment in the delivery schedule. the Contract by reference and made a part hereof as if set forth Contract price, or both, and the Contract shall be modified, in full. Contractor and its subContractors shall give written in writing, accordingly, if notice of their obligations under this clause to labor 1) The Stop Work Order results in an increase in the time organizations, with which they have a collective bargaining or required for, or in the Contractor's cost properly other agreement, allocable to the performance of any part of this b) The Contractor shall include the nondiscrimination and Contract; and compliance provisions of this clause in all subContracts to li) The Contractor asserts its right to an equitable perform work under the Contract, adjustment within 30 days after the end of the period of work stoppage; provided, that if the State decides the 43. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: facts justify the action, the State may receive and act Contractor swears under penalty of perjury that no more than one upon a proposal submitted at any time before final final, unappealable finding of contempt of court by a federal court payment under this Contract. has been issued against the Contractor within the immediately c) If a Stop Work Order is not canceled and the work covered preceding two-year period because of the Contractor's failure to by the Stop Work Order is terminated in accordance with the comply with an order of the National Labor Relations Board. This provision entitled Termination for the Convenience of the provision is required by, and shall be construed in accordance State, the State shall allow reasonable costs resulting from with, PCC Section 10296. the Stop Work Order in arriving at the termination settlement. 44, ASSIGNMENT OF ANTITRUST ACTIONS: Pursuant to d) The State shall not be liable to the Contractor for loss of Government Code Sections 4552. 4553, and 4554, the following profits because of a Stop Work Order issued under this provisions are incorporated herein: clause. a) In submitting an offer to the State, the supplier offers and agrees that If the offer is accepted, it will assign to the State 40. PRIORITY HIRING CONSIDERATIONS: If this Contract includes all rights, title, and interest in and to all causes of action it services in excess of $200,000, the Contractor shall give priority may have under Section 4 of the Clayton Act (15 U.S.C. 15) August 2010 Page 6 of 10 GSPD-40%on-IT Commodifies-CMAS MCI A 0 1 A ZIF-1111111 U USITA M Lai Z R113 Z to] Z a I Jil JI 1111 or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and 47. SWEATFREE CODE OF CONDUCT. Professions Code), arising from purchases of Goods, a) Contractor declares under penalty of perjury that no apparel, material, or services by the supplier for sale to the State garments or corresponding accessories, equipment, pursuant to the solicitation. Such assignment shall be made materials, or supplies furnished to the State pursuant to the and become effective at the time the State tenders final Contract have been produced in whole or in part by payment to the supplier. sweatshop labor, forced labor, convict labor, indentured b) If the State receives, either through judgment or settlement, labor under penal sanction, abusive forms of child labor or a monetary recovery for a cause of action assigned under exploitation of children in sweatshop labor, or with the this chapter, the assignor shall be entitled to receive benefit of sweatshop labor, forced labor, convict labor, reimbursement for actual legal costs incurred and may, indentured labor under penal sanction, abusive forms of upon demand, recover from the State any portion of the child labor or exploitation or children in sweatshop labor. recovery, including treble damages, attributable to Contractor further declares under penalty of perjury that they overcharges that were paid by the assignor but were not adhere to the Sweaffree Code of Conduct as set forth an the paid by the State as pad of the offer price, less the California Department of Industrial Relations wobsIte located expenses Incurred in obtaining that portion of the recovery. atoAvw.dir.,ca.9Pm, and Public Contract Code Section 6108, a) Upon demand in writing by the assignor, the assignee shall, b) Contractor agrees to cooperate fully in providing reasonable within one year from such demand, reassign the cause of access to its records, documents, agents or employees, or action assigned under this part if the assignor has been or promises if reasonably required by authorized officials of the may have been injured by the violation of law for which the State, the Department of Industrial Relations, or the cause of action arose and Department of Justice to determine Contractor's compliance I) the assignee has not been injured thereby, or with the requirements under paragraph (a). it) the assignee declines to file a court action for the cause of action. 48. RECYCLING: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post 45. DRUG-FREE WORKPLACE CERTIFICATION: The Contractor consumer material as defined in the Public Contract Code certifies under penalty of perjury under the laws of the State of Section 12200, in products, materials, Goods, or supplies offered California that the Contractor will comply With the requirements of or sold to the State regardless of whether the product meets the the Drug-Free Workplace Act of 1990 (Government Code Section requirements of Section 12209. With respect to printer or Mo et seq.) and will provide a drug-free, workplace by taking the duplication cartridges that comply with the requirements of following actions: Section 12156(a), the certification required by this subdivision 9) Publish a statement notifying employees that unlawful shall specify that the cartridges so comply (PCC 12205). manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying 49. CHILD SUPPORT COMPLIANCE ACT: For any Contract in actions to be taken against employees for violations, as excess of $100,000, the Contractor acknowledges in accordance required by Government Code Section 8355(a). with FCC Section 7110, that: b) Establish a Drug-Free Awareness Program as required by a) The Contractor recognizes the importance of child and Government Code Section 8355(b) to Inform employees family support obligations and shall fully comply with all about ail of the following: applicable state and federal laws relating to child and family I) the dangers of drug abuse in the workplace; support enforcement, including, but not limited to, disclosure 11) the poison's or organization's policy or maintaining a of information and compliance with earnings assignment drug-free workplace; orders, as provided in Chapter 8 (commencing with Section ill) any available counseling, rehabilitation and employee 5200) of Part 5 of Division 9 of the Family Code: and assistance programs: and, b) The Contractor, to the best of its knowledge is fully iv) penalties that may be imposed upon employees for complying with the earnings assignment orders of all drug abuse violations. employees and is providing the names of all new employees c) Provide, as required by Government Code Section 8355(c), to the New Hire Registry maintained by the California that awry employee who uvorks on the proposed or resulting Employment Development Department. Contract: 0 will receive a copy of the company's drug-free policy 50. AMERICANS WITH DISABILITIES ACT. Contractor assures the statement; and, State that Contractor complies with the Americans with ii) will agree to abide by the terms of the company's Disabilities Act of 1990 (42 U.S.C. 12101 at seq), statement as a condition of employment on the Contract. 61. ELECTRONIC WASTE RECYCLING ACT OF 2003: The Contractor certifies that it complies with the requirements of the 46. FOUR-DIGIT DATE COMPLIANCE: Contractor warrants that it Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of will provide only Four-Digit Date Compliant (as defined below) Division 30, commencing with Section 42460 of the Public Deliverables and/or services to the State. 'Four Digit Date Resources Code, relating to hazardous and solid waste. Compliant" Deliverables and services can accurately process, Contractor shall maintain documentation and provide reasonable calculate, compare, and sequence date data, including without access to its records and documents that evidence compliance. limitation date data arising out of or relating to leap years and changes in centuries. This warranty and representation is subject 52. USE TAX COLLECTION- In accordance with PCC Section to the warranty terms and conditions of this Contract and does 10295.1, Contractor certifies that it complies with the not limit the generality of warranty obligations set forth elsewhere requirements of Section 7101 of the Revenue and Taxation Code. herein. Contractor further certifies that it will immediately advise State of August 2010 Page 7 of 10 any change in its retailer's seller's permit or certification of registration or applicable affiliate's seller's permit or certificate of registration as described in subdivision (a) of PCC Section 10295.1. 63. EXPATRIATE CORPORATIONS". Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of PCC Section 10286 and 10288.1, and is eligible to Contract with the State. $4. DOMESTIC PARTNERS: For Contracts over 5100,000 executed or amended after January 1, 2007, the Contractor certifies that the Contractor is in compliance with Public Contract Code section 10295.3. 66. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a) If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere In this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Gov*. Code § 14841.) b) If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 clays of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract: (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets, Code § 999.5(d); Govt, Code § 14841.) 56, LOSS LEADER: It is unlawful for any person engaged in business within this state to sell or use any article or product as a 'loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10302(b).)- ADDITQNAL CMAS TERMS AND fP_NDITIONS 57, CMAS — CONTRACTOR'S LICENSE REQUIREMENTS, Contracts that include Installation or the wording "Furnish and (ristalf" require at the time of Contract award that Contractors possess a valid California State Contractor's License. If sub- Contractors are used, they must also possess a valid California State Contractor's License. All businesses which construct or alter any building, highway, road, parking facility, railroad, excavation, or other structure in California must be licensed by the California State License Board (CSL13) if the total cost (labor and materials) of the project Is $500.00 or more. Failure to be licensed or to keep1he license current and in good standing shall be grounds for Contract revocation. 58. CMAS — PUBLIC WORKS REQUIREMENTS (LABOPJINSTALLATION), a) Prior to the commencement of performance, the Contractor must obtain and provide to the State, a payment bond, an Standard Form 807, when the Contract involves a public works expenditure (laborfinstallation costs) in excess of $5,000. Such bond shall be in a sum not less than one hundred percent (100%) of the Contract price. Forms shall be provided to the Contractor. b) In accordance with the provisions Of Section 1773 of the California Labor Code, the Contractor shall. conform and stipulates to the general prevailing rate of wages, including employer benefits as defined in Section 1773.1 of the California Labor Code, applicable to the classes of labor to be used for public works such as at the delivery site for the assembly and installation of the equipment or materials under the purchase order. Pursuant to Section 1770 of the California Labor Code, the Department of Industrial Relations has ascertained the general prevailing rate of wages in the county in which the work is to be done, to be as listed in the Department of Transportation booklet entitled General Prevailing Wage Rates. The booklet is compiled monthly and copies of the same are available from the Department of Industrial Relations, Prevailing Wage Unit at Yoomdinca,00 (select Statistics & Research) or (415) 703- 4774. The booklet is required to be posted at the job site, c) The Contractor hereby certifies by signing this Contract that: I) Contractor has met or will comply with the standards of affirmative compliance with the Non-Discrimination Clause Requirements included herein. H) Contractor is aware of the provisions of Section 3700 of the Labor Code that require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of the purchase order, d) Laws to be Observed i) tabor Pursuant to Section 1775 of the California Labor Code the Contractor shall, as a penalty to the State or Political subdivision on whose behalf the purchase order is made or awarded, forfeit not more than fifty ($50.00) for each calendar day, or portions thereof, for each worker paid by him or subContractDr under him, less than the prevailing wage so stipulated; and in addition, the Contractor further agrees to pay to each workman the difference between the actual amount paid for each calendar day, or portions thereof, and the stipulated prevailing wage rate for the same, This provision shall not apply to properly indentured apprentices. Pursuant to Sections 1810-1815 of the California Labor Code, inclusive, it is further agreed that the maximum hours a worker is to be employed is limited to eight hours a day and forty hours a week and the Contractor shall forfeit, as a penalty to the State, twenty-five ($26) for each worker employed in the execution of the purchase order for each calendar day during which a workman is required or permitted to labor more than eight hours in any calendar day or more than forty hours in any calendar week, in violation of California Labor Code Sections 1810-1815, inclusive. ii) Workers Cotnoensation insurance August 2010 Page 8 of 10 GSPD-40INon-IT Commodities-CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON-IT COMMODITIES The Contractor will be required to secure the payment of individual orders), except for State construction projects, which compensation to its employees in accordance with the are funded in whole or in part by the federal government may be provisions of Labor Code Section 3700. canceled with 30 days notice, and are subject to the following: Ili) Traver $utzalstiance Payments a) It is mutually understood between the parties that this Travel and subsistence payments shall be paid to each Contract (order) may have been written before ascertaining worker needed to execute the work, as such travel and the availability of congressional appropriation of funds, for subsistence payments are defined In the applicable the mutual benefit of both parties, in order to avoid program collective bargaining agreements filed in accordance and fiscal delays which would occur if the Cor1ract (order) with Labor Code Section 1773.8. were executed after that determination was made. iv) Apprentices b) This Contract (order) is valid and enforceable only if Special attention is directed to Sections 1777.5, 1777,6, sufficilent funds are made available to the State by the and 1777.7 of the California Labor Code and Title 8, United States Government for the fiscal year during which California Administrative Code Section 200 at seq. Each the order was generated for the purposes of this program. Contractor and/or subConlractor must, prior to In addition, this Contract (order) is subject to any additional commencement of the public works Contract/purchase restrictions, limitations, or condiioris enacted by the order, contact the Division of Apprenticeship Standards, Congress or any statute enacted by the Congress that may 525 Golden Gate Avenue, San Francisco, CA, or one of affect the provisions, terms or funding of this Contract its branch offices to insure compliance and complete (order) in any manner. understanding of the law regarding apprentices, and c) It is mutually agreed that if the Congress does not specifically the required ratio thereunder. Responsibility appropriate sufficient fonds for the program, this Contract for compliance with this section lies with the prime (order) shall be amended to reflect any reduction in funds. Contractor. The department has the option to void the Contract (order) v) P-01co11 under the 30-tiay cancellation clause or to amend the The Contractor shall keep an accurate payroll record Contract to reflect any reduction of funds. /showing the name, social security account, and work classification specific and straight time and overtime 63. CMAS - CONFLICT OF INTEREST: hours worked by each employee. A oertified copy cif the a) Current State Employees (Public Contract Code Section employee's payroll record shall be available for 10410): Inspection as specified in section 1776 of the California i) No officer or employee shall engage in any Labor Code. employment, activity or enterprise from which the officer or employee receives compensation or has a 59, CMAS - TERMINATION OF CMAS CONTRACT: financial interest and which is sponsored or funded by a) The State may terminate this CMAS Contract at any time any State agency, unless the employment, activity or upon 30 days prior written notice. enterprise is required as a condition of regular State b) It the Contractors GSA Multiple Award Schedule is employment. terminated within the term of the California Multiple Award ii) No officer or employee shall Contract on his or her own Schedule, the California schedule shall also be considered behalf as an independent Contractor with any State terminated on the some date. agency to provide Goods or services_ c) Upon termination or other expiration of this Contract, each b) Former State Employees (Public Contract Code Section party will assist the other party in orderly termination of the 10411): Contract and the transfer of all assets, tangible and I) For the two-year period from the date he or she left intangible, as may facilitate the orderly, nondisrupted State employment, no former State officer or employee business continuation of each party. may enter into a Contract in which he or she engaged d) Prior to the expiration of this Contract, this Contract may be in any of the negotiations, transactions, planning, terminated for the convenience of both parties by mutual arrangements or any part of the decision-making consent. process relevant to the Contract while employed in any e) This provision shall not relieve the Contractor of the capacity by any State agency. obligation to perform under any purchase order or other ii) For the twelve-month period from the date he or she similar ordering document executed prior to the termination Left State employment, no former State officer or becoming effectIve, employee may enter into a Contract with any State agency if he or she was employed by that State agency 60. CMAS -- CONTRACT AMOUNT: There is no guarantee of in a policy-making position in the same general subject minimum purchase of Contractor's products or services by the area as the proposed Contract within the twelve-month State, period prior to his or her leaving State service. 61. CMAS - DEBARMENT CERTIFICATION (FEDERALLY 64. CMAS -- SUBCONTRACTING REQUIREMENTS: FUNDED CONTRACTS): When Federal funds are being Any subContractor that the WAS supplier chooses to use in expanded, the prospective recipient of Federal assistance funds fulfilling the requirements of this Contract/purchase order, and is required to certify to the Buyer, that neither it nor its principals which is expected to receive more than ten (I D) percent of value are presently debarred, suspended, proposed for debarment, of the Contract/purchase order, must also meet aIJ Contractual, declared ineligible, or voluntarily excluded from participation in administrative, and technical requirements of the this transaction by any Federal department or agency. Contract/purchase order, as applicable. 62, CMAS PURCHASE ORDERS FUNDED IN WHOLE OR PART 65. CMAS - RENTAL AGREEMENTS.- BY THE FEDERAL GOVERNMENT: All Contracts (including August 2010 Page 9 of 10 GSPD- 401Non -IT Commodities -CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON -IT COMMODITIES The State does not agree to: • Indemnify a Contractor; • Assume responsibility for matters beyond its control; • Agree to make payments in advance; • Accept any other provision creating a contingent liability against the State; or • Agree to obtain insurance to protect the Contractor. The State's responsibility for repairs and liability for damage or loss is restricted to that made necessary by or resulting from the negligent act or omission of the State or its officers, employees, or agents. If the Contractor maintains the equipment, the Contractor must keep the equipment in good working order and make all necessary repairs and adjustments without qualification. The State may terminate for default or cease paying rent should the Contractor fail to maintain the equipment properly. Personal property taxes are not generally reimbursed when leasing equipment (SAM 8736), 66. CMAS -- LEASE (Lease $Mart TM): If an agency desires to lease through Lease $Mart TM, the Contractor agrees to sell to lessor the assets at the same price as they agree to sell to the State. 67. CMAS -- QUARTERLY REPORTS: Contractors are required to submit quarterly business activity reports, as specified in this Contract, even when there is no activity. A separate report is required for each Contract, as differentiated by alpha suffix. 68. CMAS -- LIQUIDATED DAMAGES: In the event that the Contractor fails to deliver in accordance with the Contract requirements, the parties agree that the delay will interfere with the proper implementation of the State's programs, to the loss and damage of the State. From the nature of the case, it would be impracticable and extremely difficult to fix the actual damages sustained in the event of any such delay. The State and Contractor, therefore, presume that in the event of any such delay the amount of damage which will be sustained from a delay will be the amounts set forth in the Statement of Work, and the State and the Contractor agree that in the event of any such delay, the Contractor shall pay such amounts as liquidated damages and not as a penalty. Amounts due the State as liquidated damages may be deducted by the State from any money payable to the Contractor. The State shall notify the Contractor in writing of any claim for liquidated damages pursuant to this paragraph on or before the date State deducts such sums from money payable to the Contractor. 69. CMAS — PROGRESS PAYMENTSIPERFORMANCE BONDS: In accordance with PCC 10314: Any Contract for Goods to be manufactured by the Contractor specially for the State and not suitable for sale to others in the ordinary course of the Contractor's business may provide, an such terms and conditions as the department deems necessary to protect the State's interests, for progress payments for work performed and costs incurred at the Contractor's shop or plant, provided that not less than 10 percent of the Contract price is required to be withheld until final delivery and acceptance of the Goods, and provided further, that the Contractor Is required to submit a faithful performance bond, acceptable to the department, in a sum not less than one -half of the total amount payable under the Contract securing the faithful performance of the Contract by the Contractor. August 2010 Page 10 of 10 ATTACHMENT "E" Network Cabling Proposal Global Cabling Systems CAT6 Cabling Installation Proposal for: City of Seal Beach Public Works facility 1776 Adolfo Lopez Drive Seal Beach, CA 90740 mmmf� Christopher A. Goodwin, RCDD May 28, 2014 isGlobal CAbling Systems, ine. CAT6 Cabling Installation TABLE OF CONTENTS M 2.0 Scope of Work 2.1 CAT6 Cabling 2.2 Cable Suspension System 2.3 Existing Wall Rack Relocation 2.4 Labeling & Testing/Certification 3.0 Pricing, Terms & Conditions 4.0 Warranty www.global-cabling.com 11640 Warner Avenue • Fountain Valley, CA 927178 * (714) 545-97449 Fax (714)850-4633* CSLB #866398 Global CAbling I Systems, inc. 05 1.0 Description of Project: Global CAbling Systems, inc. (GCS) is pleased to propose the installation of an ICC 15-Year Certified Cabling System at the City of Scal Beach's Public Works facility. The ICC 15-Year Certified Cabling System is to consist of the installation of THIRTY-SEVEN (37) CAT6 cables, ONE (1) CAT6 feeder cable, cable suspension system, the demolition and removal of the existing cabling, and the relocation of ONE (1) existing wall rack. Please note this proposal was compiled based on the site survey and customer provided floor plan. 1.2 All cables will be installed in accordance to the latest edition of the NFPA/NationaI Electrical CodeO, the Building Code, and all local codes and ordinances, as applicable. ANSI/TIA/EIA-568-C. 1, 568-C.2, 568-C.3, and ANSI/TIA/EIA-569-B, ANSI/TIA/EIA-606A, ANSI/J-STD-607 and all Technical System Bulletins (TSBs) shall be adhered to during all installation activities. Methodologies outlined in the latest edition of the BICSI Telecommunications Distribution Methods Manual will be used during all installation activities. 1.3 All existing, abandoned cabling and connectivity will be removed from the site and recycled at the proper facilities. 1.4 During the course of the installation, any and all debris created as a result of the installation will be removed from the site and disposed of properly. www.global-cabling.com 11640 Warner Avenue* Fountain Valley, CA 92708*(714)545-9744* Fax (714)850-4633o CSLB#866398 Global CAhling Systems, inc. 2.0 Scope of Work: 2.1 CAT6 Cabling: Location wiring will be Category 6 (herein noted as CAT6), White, non - plenum rated (CMR), 4 -pair, 23AWG, UTP cable; as defined in ANSI /TIA/EIA 568 -C.2, UL444 & 1666, and RoHS- compliant. All CAT6 cables will be installed in accordance to the ANSI /TIA /EIA -568 and 569 Commercial Building Standards. All CAT6 cables will be installed utilizing an independent J -hook suspension system. All CAT6 cables will be terminated using the 568B termination method, at both ends. All CAT6 cables will be labeled, and 100% tested ensuring continuity, no shorts or opens. All labeling will comply with ANSI /TIA /EIA 606 - B labeling standards. CAT6 certification will be verified with a Wirescope Pro Level IV cable analyzer. Certification documentation ensuring compliance to ANSI/TIA/EIA 568 -C.2 (Category 6) at 500 MHz, Level IV will be provided. 2.1.1 Dual Drop Locations: CAT6 cabling will be routed from the new Server Room location, through the suspended -tile ceilings to TWELVE (12) dual drop locations. Each location will contain TWO (2) CAT6 cables; making the total number of CAT6 dual drop cables installed TWENTY -FOUR (24). The cables will exit the walls in ICC RJ45 CAT6 modular connectors installed in ICC flush mount faceplates, as designated during the site survey and by the customer. The controller end of the cables will be terminated on a new ICC 48 -port CAT6 patch panel, to be mounted on the relocated existing wall rack inside the new Server Room. 2.1.2 Single Drop Locations: CAT6 cabling will be routed from the new Server Room location, through the suspended -tile ceilings to THIRTEEN (13) single drop locations. The cables will exit the walls in ICC RJ45 CAT6 modular connectors installed in ICC flush mount faceplates, as designated during the site survey and by the customer. The controller end of the cables will be terminated on the new ICC 48 -port CAT6 patch panel, mounted on the relocated existing wall rack inside the new Server Room. www.global-cabling.com 11640 Warner Avenue • Fountain Valley, CA 92708 • (714) 545 -9744 • Fax (714) 850 -4633 • CSLB # 866398 Global CAbling Systems, ine. 2.1.3 Temporary Trailer Feeder Cable: ONE (l) CAT6 cable will be installed between the existing T1 line connection point, inside the existing Telco Closet, and the temporary trailer to be located in the parking area. The cable will be installed to extend a T1 line /data services into the temporary trailer. 2.2 Cable Suspension System: All cable supports will be installed in accordance to the ANSI /TIA/EIA -568 and 569 Commercial Building Standards, ANSI /TIA /EIA -568 Commercial Building Standards for Telecommunications Pathways and Spaces, and all local and /or other prevailing codes. In the ceilings the cabling bundles will be supported via independent hangers /wire supports 0- hooks). Cable supports will be attached to the existing building structure and framework independent of the ceiling grid, its framework, or supports. All cable supports will be securely fastened to the building structure and installed every four to six feet (4' -6'). All cable supports will be UL listed hardware support for conduit, tubing and cable per UL 2239. 2.3 Existing Wall Rack Relocation: 2.3.1 Existing Wall Rack: ONE (l) existing three -foot (3') high, wall mounted rack will be relocated from the existing Telco Closet to the temporary trailer during construction inside the office areas. Upon completion of the construction project, the wall rack will be relocated into the new Server Room location inside the Public Works building. Upon final installation in the new Server Room, the wall rack will be grounded and bonded in accordance to the TIA/EIA 607 Commercial Building Grounding and Bonding Requirements for Telecommunications. 2.3.2 New Horizontal Wire Manager: TWO (2) dual- sided, horizontal wire management panels with dual - hinged doors will be installed above and below the new 48 -port CAT6 patch panel on the wall mounted rack inside the new Server Room. The horizontal wire management panels will be installed for proper, neat routing of the horizontal and patch cables. www.global-cabling.com 11640 Warner Avenue 9 Fountain Valley, CA 92708 • (714) 545 -9744 9 Fax (714) 850 -4633 • CSLB # 866398 I SGlobal CAbling ,Systems, ine. 2.4 Labeling and TestinglQertfflcqtion: 2.4.1 Labeling: All cables will be labeled, and 100% tested ensuring continuity, no shorts or opens. All labeling will comply with ANSt/TlA/EIA 606-B labeling standards. 2.4.2 CA T6 Cabling Certifications: CAT6 certification will be verified with a Wirescope Pro Level IV cable analyzer. Certification documentation ensuring compliance to ANSUTIA/EIA 568-C.2 (Category 6) at 500 MHz, Level IV will be provided. www.global-cabling.com 11640 Warner Avenue *Fountain Valley, CA 927089 (714) 545-97449 Fax (714) 850-46339 CSLB #866398 Global CAbling .Systems, ine. 3.0 Pricing, Terms & Conditions: 3.1 Terms & Conditions: We purpose to furnish all labor, material, equipment, supervision, design services and other costs necessary to perform the work indicated within the bid documents, and all the documents referred to therein, all for the sums listed below. Any alterations or deviation from the above scope of work involving extra costs will be executed only upon written orders, and will become an extra charge over the sums listed below. This proposal comes with a fifteen year warranty for any faults in our workmanship at no additional cost. For further details, please reference the enclosed Warranty Section 4.0. 3.2 Payment Terms: 50% billed at the start of the project, balance due upon receipt of invoice after the successful completion of the project. 3.3.1 CAT6 Cabling Installation: Materials: $ 1,782.87 Taxes: $ 142.63 Labor: $ 2,981.25 Total Charge: $ 4,906.75 3.3.2 Feeder Cable & Wall Rack Relocation into temporary Trailer: Materials: $ 156.45 Taxes: $ 12.52 Labor: $ 356.25 Total Charge: $ 525.22 www.global-cabling.com 11640 Warner Avenue • Fountain Valley, CA 92708 • (714) 545-9744 • Fax (714) 850-4633 * CSLB # 866398 Giobat CAbling ►ystems, ine. 3.3.3 Demolition & Removal of Existing Cabling: Materials: $ 22-50 Taxes: $ 1.80 Labor: $ 787.50 Total Charge: $ 811.80 *Prices listed valid for 30 days from the date of this proposal, May 28, 2014. Acceptance of Proposal: Authorized Signature Print Name Date www.global-cabling.com 11640 Warner Avenue • Fountain Valley, CA 92708 • (714) 545-9744 • Fax (714) 850-4633 • CSLB # 866398 4 Global CA blind► Systems, inc. 4.0 Warranty: 4.1 Global Cabling Systems, inc. (GCS) will offer all product and system performance warranties provided by the ICC 15 -Year Certified System Limited Warranty solution against any cable - related failure due to improper installation or termination. Any failure during this period will be repaired at no charge. Excluded under this warranty are repairs or damages to the cable installation from accident, customer /user negligence, misuse, unauthorized repairs, failure of electrical power, sprinkler, humidity, fire, storm and /or water damage, vandalism or other casualties not related to the installation and beyond the control of GCS. GCS liability under this contract shall not exceed the total fees paid under the contract to which any liability relates. 4.2 GCS /ICC will warrant all ICC 15 -Year Certified System Limited Warranty products against manufacturer defects in material and workmanship and performance for the period of fifteen (l 5) years. 4.3 If a warranty issue arises during the project, City of Seal Beach or their representatives can contact GCS's project manager /engineer or project lead technician /foreman. Both personnel can have the on site crew complete the necessary work. if a warranty issue arises after project completion, City of Seal Beach or their representatives should contact the project manager /engineer immediately. The project manager /engineer will then schedule a service technician to make the necessary repairs and /or replacement. 4.4 GCS will guarantee a response of eight (8) business hours for warranty issues. In many instances, GCS can respond within one (1) hour for emergencies. 4.5 City of Seal Beach or their representatives will not be charged for any warranty work. If a conclusion is reached, that the problem detected is not related to defective materials and/or workmanship, an invoice will be generated upon the approval of City of Seal Beach or their representatives. www.global-cabling.com 11640 Warner Avenue • Fountain Valley, CA 92708 • (714) 545 -9744 • Fax (714) 850 -4633 • CSLB # 866398