ADMINISTRATIVE POLICY: NUMBER: V-B-38.02
SUBJECT: FEDERAL DRUG AND ALCOHOL REGULATIONS (FTA)
Revised: 12/14/22 P a g e | 22
Admitting adulteration or substitution of the specimen to the collector or the MRO.
In alcohol testing, refusal to sign Step 2 of the Alcohol Test Form.
Leaving the scene of the accident without just cause prior to submitting to a test.
If the MRO reports a verified adulterated or substituted test result.
Specimen Validity Testing:
A test to determine if a urine specimen is adulterated, diluted, substituted or invalid.
Split Specimen:
In drug testing, a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second DHHS-certified laboratory for testing upon employee request following a verified positive or a verified adulterated or substituted test result from the primary specimen.
Subject to Duty:
An employee is considered “subject to duty” under any of the following circumstances:
1) On his or her regularly scheduled duty days prior to sign-on; 2) When reporting for work
3) During any split period between assignments, whether on or off City premises 4) When informed in advance, while on duty, that he or she is expected to be on duty at some point in the future
5) When being tested under the re-entry to work provisions of this Policy.
Substance Abuse Counselor:
A person who evaluates employees who have violated the City's policy by testing positive for drugs or alcohol below 0.04, or refusing a non-DOT test and makes recommendations concerning education, treatment, non-DOT follow-up testing and aftercare. This individual may also be a Substance Abuse Professional as defined in Part 40.
Substance Abuse Professional (SAP):
A person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up
ADMINISTRATIVE POLICY: NUMBER: V-B-38.02
SUBJECT: FEDERAL DRUG AND ALCOHOL REGULATIONS (FTA)
Revised: 12/14/22 P a g e | 23
testing, and aftercare. In order to be a qualified SAP, the individual must have certain credentials, possess specific knowledge, receive training, and achieve a passing score on an examination, as required under 49 CFR Part 40.281.
Substituted Specimen:
A specimen with creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with normal human urine.
Vehicles:
Includes buses, electric buses, vans, automobiles, rail cars, trolley cars, trolley buses or vessels, non-revenue commercial motor vehicles, and vehicles used by armed security personnel.
ITEM # 10
CITY OF MONTEBELLO
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT
TO:
Honorable Mayor and City Council Members
FROM:
René Bobadilla, City Manager
BY:
Adrianna Kendricks, Director of Transportation
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT NOS. 4057 AND 4058 WITH OFFICE SOLUTIONS BUSINESS PRODUCTS &
SERVICES LLC, AND MOHAWK COMMERCIAL, INC., TO PURCHASE
AND INSTALL UPGRADED WORKSTATIONS AND FLOORING FOR
THE TRANSPORTATION DEPARTMENT
DATE: December 21, 2022
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve a Professional Services Agreement, No. 4057, with Office Solutions Business Products & Services, LLC (dba Bluespace Interiors), utilizing the Sourcewell Cooperative Purchasing Program (Sourcewell) Contract No. 121919- TKN, to purchase and install upgraded workstations for the Transportation Department for a total not-to-exceed amount of $128,824; and
2. Approve a Professional Services Agreement, No. 4058, with Mohawk Commercial, Inc. (Mohawk), utilizing the California Multiple Award Schedules (CMAS) Contract No. 4-20-00-0085C, to purchase and install flooring for Transportation, for a total not-to-exceed amount of $49,099; and
3. Authorize the City Manager and/or their designee to approve change orders for up to ten percent (10%) of the total compensation amount for each proposed agreement; and
4. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022
The project cost to upgrade and install workstations and flooring is a total not-to-exceed amount of $195,716, which includes a ten percent (10%) contingency should material costs run higher than anticipated. Funding for this project will be allocated from Transportation’s Fiscal Year 2022-23 adopted operating budget: Transit Operations expense Account No. 600-90-900-6040.95. Therefore, a budget amendment is not needed. A summary of the total project expenditures is shown in the table below:
BACKGROUND/DISCUSSION:
Transportation’s existing office workstations and flooring are over 25 years old, and original to the Transportation Facility (Facility) which was constructed in 1995. The Facility’s office workstations and flooring have exceeded their useful life and require lifecycle replacement as indicated in the City of Montebello’s (City) 2021 Facility Condition Assessment Report. The proposed office workstation layout will optimize Transportation’s limited real estate by providing an ergonomic work environment while including additional workstations to accommodate the growing workforce. Furthermore, the upgraded workstations and flooring will enhance the Facility’s reasonable accommodations in accordance with the Americans and Disability Act (ADA). Each contractor will provide a phase-in installation approach to avoid any disruption to Transportation’s operation. Employee workstations will be temporarily reassigned while remodeling work is being completed.
In recent years, Bluespace Interiors and Mohawk provided professional services to the City’s Administration, Fire, Finance, Police, and Recreation and Community Services Departments for upgraded office workstations that presented exceptional results and improved the workforce’s comfort, efficiency, and productivity. The City will utilize the Sourcewell Contract No. 121919-TKN and CMAS Contract No. 4-20-00-0085C as an approved procurement process in accordance with Montebello Municipal Code (MMC) Section 3.20.125 – “Piggybacking Purchasing Agreement,” as authorized under California Government Code section 54202, to purchase all equipment and labor for this project.
The California Department of General Services’ Procurement Division established the CMAS Program to award and administer CMAS contracts to offer a wide variety of commodity, non-information technology Services, and information technology products and services at prices that have been assessed to be fair, reasonable, and competitive.
Contractor Project
Cost
10%
Contingency
Total
Expenditure
Bluespace
Interiors
$ 128,824
$ 12,883 $ 141,707
Mohawk $ 49,099 $ 4,910 $ 54,009
GRAND
TOTAL $
195,716
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022
The CMAS Program produces a pool of suppliers that an agency can solicit competitive offers to make the procurement process more efficient. Similarly, the state of Minnesota established Sourcewell as a municipal contracting agency that operates as a public entity comprised of more than 50,000 member agencies throughout the United States.
Sourcewell utilizes cooperative purchasing to develop competitive solicitations that meet or exceed local requirements and holds hundreds of competitively solicited cooperative contracts ready for use by public entities. Substantially, CMAS and Sourcewell enable opportunities to streamline the procurement process and preserve participating agencies’ resources in time, money, and energy. The City is eligible to utilize the CMAS and Sourcewell programs as a government agency.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends that the City Council consider: (1) approving Professional Services Agreement, No. 4057, attached hereto in substantial form (see Attachment A), with Office Solutions Business Products & Services, LLC (dba Bluespace Interiors), utilizing the Sourcewell Cooperative Purchasing Program Contract No. 121919-TKN, for a total not- to-exceed amount of $128,824; (2) approving Professional Services Agreement, No. 4058, attached hereto in substantial form (see Attachment B), with Mohawk Commercial, Inc., utilizing the California Multiple Award Schedules (CMAS) Contract No. 4-20-00- 0085C, for a total not-to-exceed amount of $49,099; (3) authorize the City Manager and/or their designee to approve change orders for up to ten percent (10%) percent of the total for each proposed agreement; and (4) take such additional, related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A - PSA No. 4057 with Bluespace Interiors
2. Attachment B - PSA No. 4057 with Mohawk Commercial, Inc
NEXT STEPS:
N/A
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4057
WITH OFFICE SOLUTIONS BUSINESS PRODUCTS & SERVICES, LLC dba BLUESPACE INTERIORS
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on December 14, 2022 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and OFFICE SOLUTIONS BUSINESS PRODUCTS & SERVICES, LLC dba
BLUESPACE INTERIORS (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to “piggyback” on an existing contract, as amended, between CONTRACTOR and SOURCEWELL, pursuant to SOURCEWELL Contract No. 121919-TKN “Procurement of furniture solutions with related accessories and services, and executed on February 18, 2020 (hereinafter “Sourcewell Contract No. 121919-TKN”); and
WHEREAS, the CITY desires to retain a qualified professional CONTRACTOR to provide upgraded office workspace furniture for the Transportation Department; and
WHEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, the CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and
WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
1. This Agreement and its Exhibits.
2. Sourcewell Contract No.121919-TKN, attached hereto as Exhibit “A”.
3. CONTRACTOR’S Scope of Services and Associated Cost Proposal dated November 9, 2022, attached hereto as Exhibit “B”.
PROFESSIONAL SERVICES AGREEMENT NO. 4057
4. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
A. The CONTRACTOR shall provide to the CITY those services that are set forth fully in Contractor’s Proposal, attached hereto as Exhibit “A and B” and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. The CONTRACTOR shall complete the Scope of Services in a timely manner, and in accordance with an agreed-upon work schedule to be determined by the Parties.
C. CONTRACTOR shall be compensated at a sum not-to-exceed One Hundred and Twenty- Eight Thousand, Eight Hundred and Twenty-Four Dollars ($128,824) plus a five percent (5%) contingency sum, for a grand total not- to-exceed sum One Hundred and Thirty- Five Thousand, Two Hundred and Sixty-Six Dollars ($135,266) (the “Maximum Compensation”) for the performance of the Scope of Services as set forth in Exhibit “B”. CONTRACTOR shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONTRACTOR shall not incur fees or costs which exceed the initial Annual Compensation without the prior written consent of the CITY.
D. The CITY will be invoiced upon completion of the Scope of Services set forth herein. Payment in full of an invoice must be received by the CONTRACTOR within thirty (30) days of the date of such invoice.
E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute.
The CITY shall pay undisputed amounts as provided for in the preceding paragraph.
SECTION 3. TERM.
This Agreement shall commence on December 14, 2022, and shall terminate upon completion of the Professional Services; provided such shall be on or before May 31, 2023 (“Date of Completion”), unless such deadline is extended in writing by a further agreement between the Parties or the Agreement is terminated sooner as provided in Section 8 herein. .
SECTION 4. PERFORMANCE.
a. The CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.
b. The CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar
PROFESSIONAL SERVICES AGREEMENT NO. 4057
services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.
c. The CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONTRACTOR shall have the right to retain, subject to t h e CITY's approval, additional individuals, contractors or subcontractors to assist in the completion of services as herein defined. Compensation for additional individuals, contractors or subcontractors shall be the sole and exclusive responsibility of the CONTRACTOR.
e. The CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
SECTION 5. WORK PRODUCT.
a. The CONTRACTOR hereby agrees that all no n- p r op r iet ar y work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONTRACTOR may take and retain copies of such written p roducts as desired, but no such written products shall be the subject of a copyright application by the CONTRACTOR.
b. All data, documents, discussion, or other information developed or received by the CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONTRACTOR without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONTRACTOR agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and shall be the CITY’s agent with respect to obtaining the CONTRACTOR’s compliance hereunder.
PROFESSIONAL SERVICES AGREEMENT NO. 4057
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONTRACTOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONTRACTOR. The CONTRACTOR and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.
In the event of a termination for cause, the CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (10) business days’ written notice to the CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non- refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that t h e CONTRACTOR provides the CITY with adequate proof that the CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONTRACTOR during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which may become due to the CONTRACTOR.
PROFESSIONAL SERVICES AGREEMENT NO. 4057
SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to t he CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’s subcontractors for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to t he CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to t he CONTRACTOR. The CITY shall have no responsibility to provide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONTRACTOR. If this Agreement remains in place, the CONTRACTOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONTRACTOR or any employee, agent, or subcontractor of the CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of t h e CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONTRACTOR and any of its
PROFESSIONAL SERVICES AGREEMENT NO. 4057
employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by t h e CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by t h e CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of t h e CONTRACTOR’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Business Automobile Liability Insurance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
Professional Liability insurance appropriate to the
PROFESSIONAL SERVICES AGREEMENT NO. 4057
CONTRACTOR’S profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.
c. The CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
h. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
i. The CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. j. The general l i a b i l i t y a n d a u t o m o b i l e p o l i c i e s o f insurance
PROFESSIONAL SERVICES AGREEMENT NO. 4057
required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. The insurance provided by the CONTRACTOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
l. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY.
m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
n. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONTRACTOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.
Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
PROFESSIONAL SERVICES AGREEMENT NO. 4057
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
PROFESSIONAL SERVICES AGREEMENT NO. 4057
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
With a copy to: City of Montebello – Montebello Bus Lines Attn: Adrianna Kendricks, Director of Transportation
400 South Taylor Avenue
Montebello, CA 90640
(323) 558 -1625 x 201
(323) 887- 4643 (Fax)
[email protected]
If to Contractor: Office Solutions Business Products & Services, LLC dba Bluespace Interiors
Attn: Dana Mittesteadt, Vice President
23303 La Palma Ave
Yorba Linda, CA 92287
(714) 692 – 7412 x 223
[email protected]
PROFESSIONAL SERVICES AGREEMENT NO. 4057
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONTRACTOR will take affirmative action to ensure that sub- contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONTRACTOR. The CONTRACTOR's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the CITY and the CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4057
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
(“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO OFFICE SOLUTIONS BUSINESS
PRODUCTS & SERVICES, LLC
dba BLUESPACE INTERIORS
René Bobadilla, City Manager Dana Mittesteadt, Vice President
Date: ___________ Date: ____________
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS
Exhibit A – Sourcewell Contract No. 121919-TKN
Exhibit B – Contractor’s Scope of Services Services and Associated Cost dated November 9, 2022
Exhibit C - Terms for Compliance with California Labor Law Requirements
Exhibit “A”
Sourcewell Contract No. 121919-TKN
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1 Rev. 4/2019
Solicitation Number: RFP#121919
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Teknion LLC, 350 Fellowship Road, Mount Laurel, NJ 08054 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires February 18, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site.
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This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with applicable federal laws and regulations, and with the laws of the state or province in which the Equipment, Products, or Services are sold.
C. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Member.
D. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.
Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase.
When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member’s requested delivery location.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
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Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member.
B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number
x Clearly specify the requested change
x Provide sufficient detail to justify the requested change x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference.
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5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS
A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell.
Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws.
6. MEMBER ORDERING AND PURCHASE ORDERS
A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member.
B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal.
C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member’s purchase order.
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D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member.
F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Member inquiries; and x Business reviews to Sourcewell and Members, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
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The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Member Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
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10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, master- servant, principal-agent, or any other relationship.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.
12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
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If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
14. INTELLECTUAL PROPERTY
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws.
15. PUBLICITY, MARKETING, AND ENDORSEMENT
A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
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remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
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1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer).
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability.
During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
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$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days’ prior written notice to the Vendor.
Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).
F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members.
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member.
Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
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a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
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work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
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covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
24. CANCELLATION
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
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Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination.
Sourcewell Teknion LLC
By: __________________________ By: __________________________ Jeremy Schwartz Jeffrey M. Kraus
Title: Director of Operations &
Procurement/CPO
Title: Vice President Business Operations
Date: ________________________ Date: ________________________ Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
RFP 121919 - Furniture Solutions with Related Accessories and Services
Vendor Details
Company Name: Teknion LLC
Does your company conduct
business under any other name? If
yes, please state:
Address:
New Jersey
350 Fellowship Road
Suite 100
Mount Laurel, New Jersey 08054
Contact: Angie Hoffman
Email: [email protected]
Phone: 856-552-5618
Fax: 856-552-5830
HST#: 223785040
Submission Details
Created On: Friday November 01, 2019 11:50:23
Submitted On: Thursday December 19, 2019 11:05:04
Submitted By: Angie Hoffman
Email: [email protected]
Transaction #: dfc247c9-1edc-46de 9545-8014d5435c92
Submitter's IP Address: 50.234.216.218
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
Specifications
Table 1: Proposer Identity & Authorized Representatives
Line
Item Question Response *
1 Proposer Legal Name (and
applicable d/b/a, if any):
Teknion LLC *
2 Proposer Address: 350 Fellowship Road
Suite 100
Mount Laurel, New Jersey 08054
*
3 Proposer website address: www.teknion.com *
4 Proposer's Authorized
Representative (name, title,
address, email address & phone)
(The representative must have
authority to sign the “Proposer’s
Assurance of Compliance” on
behalf of the Proposer):
Jeffrey M. Kraus Vice President Business Operations 350 Fellowship Road, Suite 100 Mount Laurel, NJ 08054 E: [email protected] ۄP: 856.552.5503
*
5 Proposer's primary contact for this
proposal (name, title, address,
email address & phone):
Steve Hindle Director, Public Sector Programs
Washington, D.C
E: [email protected] ۄP: 410.300.9955
*
6 Proposer's other contacts for this
proposal, if any (name, title,
address, email address &
phone):
Leonard Chapman Senior Regional Manager, Public
Sector, North Central Chicago, Illinois E:
[email protected] ۄP: 312.933.7366
Allison Harrington Regional Manager, Public Sector,
South Central Dallas, Texas E:
[email protected] ۄP: 737-781-9004
Bill
Richards
Senior Regional Manager, Public Sector, Mid-
Atlantic Washington, DC E: [email protected]
ۄP: 202-246-8582
David Moorad Senior Regional Manager, Public Sector, Southeast Atlanta, Georgia E: david.moor a P: 404.457.9191
David Skinkis Senior Regional Manager, Public
Sector, West Los Angeles, CA E:
[email protected] ۄP: 213-700-4862
Scott Montemerlo National Program Director,
Education Boston, Massachusetts E:
[email protected] ۄP: 860-227-4910
Angie Hoffman Contractor Administrator, Public
Sector 350 Fellowship Road, Suite 100 Mount
Laurel, NJ 08054 E: [email protected]
ۄP: 856.552.5618
Table 2: Company Information and Financial Strength
Line
Item Question Response *
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
*
7 Provide a brief history of your company,
including your company’s core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.
Teknion was founded 36 years ago with a single product and a singular vision. The product was T/O/S. The vision was Saul Feldberg’s. A businessman of rare acumen, he saw that the world was changing as rapidly as technology was advancing, including the nature of work and the form and function of the working environment. Saul saw an opportunity and established Teknion. Teknion began as an unproven venture with an uncharted future. It became a company that could respond quickly, adapting to the evolving demands of a technology-enabled workplace. In 1983, David Feldberg joined and in 1994 he stepped into the position of company President and CEO.
Teknion is now an international company with a worldwide network of offices, showrooms and dealers. Yet, we remain a company with a youthful entrepreneurial spirit, privately held by a Canadian family whose roots in the furniture industry run deep. The story of Teknion is one of growth and innovation. Saul Feldberg’s vision is still very much alive in our corporate values and in our culture. We remain a company defined by design – as a mindset, as a process and as a tool for innovation and positive change. It is the very essence of what we do.
The following values are those that Teknion embraces and recognizes as important to its business partners. We continually strive to improve and earn the right to serve our customers.
Responsiveness
• Customer and market driven
• Flexible and fast moving
• Focused on quality
Approachability
• Open internal communications
• High candor / encouragement of new ideas
• Partnership with employees, suppliers and customers Leadership
• Strong technical leadership within the industry
• Success is a function of being proactive
• Average is not acceptable The process of leadership will be enhanced with tea m levels throughout the organization.
Empowered To continually achieve these values, our organization’s work culture and w o every day at Teknion.
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
8 Provide a detailed description of the products
and services that you are offering in your
proposal.
Teknion is an international designer, manufacturer and marketer of office systems and related products. Our products are distributed through a global network of approximately 400 dealers. Our products are designed to support the latest thinking in workplace design. By incorporating an integrated approach, we ensure product longevity to meet future change and workstyle shifts. To provide you with a ‘future- proof’ solution, we integrate the best choice products from our portfolio. In addition, we leverage our customization capabilities to address user-specific requirements.
This ensures your furniture asset provides a long-term investment return for your organization - without risk.
Teknion will subcontract standard dealer and installation services as needed to an Authorized Teknion dealer and Installer. In general, the deliverables associated with this contract include, but are not limited to the following:
Teknion Roles and Responsibilities
• Primary contact for Sourcewell Members
• Technical Product Specialists
• Attendance at all project meetings
• Attending provisional and final acceptance checks
• Ongoing product/information updates
Dealer Roles and Responsibilities
• Attendance at all project meetings
• Consultation on product application and layout
• Furniture specifications and CAD support
• Preparation of purchase order from floor plans
• Site checks and preparation of installation drawings • Coordination of ship dates and arrangements
• Supervision of delivery and installation
• Deficiency checks and post-installation audit
• Performance of user-orientation seminars
• Management of warranty repairs
• Ongoing customer service, product application, support and sales • New requests and reconfigurations
• Ancillary elective services as requested by customer
*
Installer Roles & Responsibilities
• Coordination of installation activities including building access and building protection, elevator/dock usage, security, and provision of required insurance certification documentation
• Planning and scheduling of installation with customer/building representatives • Conducting site inspections/field measurements and communicating any discrepancies or deviations from plan
• Coordinating with Teknion to determine truck loading, sequencing, delivery scheduling, and manpower
• Oversight of receipt, inspection and staging of products at job site • Communication of shortages, errors, damage and/or defects promptly • Make contingency and replacement plans for missing, incorrect, or damaged product
• Ensure complete compliance with all site conditions, for example security, health and safety standards
• Conduct pre-installation site visit for site preparedness • Manage inspections of deliveries for damages/omissions • Oversee punchlist resolutions and follow through to completion • Conduct daily monitoring of project status
• Communicate and reconcile product discrepancies
9 What are your company’s expectations in the
event of an award?
Teknion expects to extend the business objectives of Sourcewell and its members through a relationship of trust that transcends the technicalities of formal contracts to mutually generated benefits. As our customers succeed, so does Teknion, which we consider the essence of partnership.
*
10 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
Please see the Documents section of this portal for a letter from KPMG outlining Teknion’s financial metrics for FY 2018.
*
11 What is your US market share for the
solutions that you are proposing?
Teknion’s market share in the United States is approximately 3 percent. * 12 What is your Canadian market share, if any? Teknion’s market share in Canada is approximately 25 – 30%. * 13 Has your business ever petitioned for
bankruptcy protection? If so, explain in
detail.
Teknion has never petitioned for bankruptcy protection. * DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
14 How is your organization best described: is it
provide your written authorization to act as a d
relationship with your sales and service force a
Teknion is an international designer, manufacturer and marketer of office systems and related products, including storage and filing, seating, casegoods, tables, and ergonomic furniture. Our products are distributed through a worldwide network of authorized dealers that are separate, independent, regionally based businesses.
These dealers are trained on all aspects of the Teknion product line including, but not limited to, specification, installation, and product application. We strive for an open, honest relationship and every member of our sales and executive management team has a relationship with each of our dealers. We work very hard to develop clearly defined roles, and we meet frequently to review mutually agreed upon expectations to ensure that Teknion customers receive a high level of local customer service. It is clearly understood by Teknion and our dealer partners that we are both integral to the success of the order fulfillment process and neither of us can be successful without each of us excelling in our role.
*
15 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
Teknion does not require any specific licenses to operate our business as a furniture manufacturer. We do however have the general business licenses required in each jurisdiction where we do business. In addition, Teknion’s dealers generally have business licenses, as well as contractor licenses in those jurisdictions that require them.
*
16 Provide all “Suspension or Disbarment”
information that has applied to your
organization during the past ten years.
Teknion has never been subject to any suspension or disbarment actions. *
17 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
Teknion manufacturing occupies approximately 3 million square feet of production space across 18 manufacturing business units and 3 logistics centers. The manufacturing program can be viewed simply as grouped within the major product categories, (i) desking systems; (ii) panel systems; (iii) wood and laminate casegoods; (iv) storage including pedestals, lateral files, storage cabinets, towers, and lockers; (v) tables including work, height-adjustable, boardroom and meeting, classroom and training, and occasional and casual tables; vi) seating products including executive, task, guest, general use and soft/lounge; (vii) ergonomic and workplace accessories including keyboard trays, monitor arms, lighting, freestanding screens, electrical, and organization tools; and (ix) full-height architectural demountable wall systems.
*
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
18 Describe any relevant industry awards or
recognition that your company has received
i n t h e p a s t f i v e y e a r s
Teknion has established itself as a company defined by ideas, design intelligence and innovation.
Our products consistently receive top honors at numerous international design competitions, including Best of NeoCon, International Design Excellence Awards — sponsored by the Industrial Designers Society of America, Good Design Awards — sponsored by The Chicago Athenaeum: Museum of Architecture and Design, Innovation by Design Awards — sponsored by Fast Company, HiP and Best of Year Awards — both sponsored by Interior Design magazine, Red Dot Awards, Spark Design Awards and the Applied Arts Awards.
*
Our showrooms have been recognized with awards from the IIDA — International Interior Design Association.
Our accomplishments are recognized by publications as diverse as Metropolis, Wall Street Journal, Contract, Huffington Post, Azure, Forbes, Architectural Record, Office et Culture (France) and Die Prese (Germany).
As proud as we are of our many achievements, we are even more excited by the potential that lies ahead. We invite Sourcewell to visit our website for a full listing of Teknion’s industry accomplishments and recognition.
19 What percentage of your sales are to the
governmental sector in the past three
years
FY 2016: 12% FY 2017:
14% FY 2018: 14%
*
20 What percentage of your sales are to the
education sector in the past three years
FY 2016: 3% FY 2017:
4% FY 2018: 3%
*
21 List any state or cooperative purchasing
contracts that you hold. What is the annual
sales volume for each of these contracts
over the past three years?
Teknion holds the following state and cooperative purchasing contracts. Our annual sales volume for FY 2016, FY 2017, and FY 2018 respectively, are shown below.
National IPA: $2,655,025 I $6,773,678 I $9,707,603 Sourcewell:
$99,844 I $595,458 I $583,886 Alabama: $2,416 I $278,695 I $234,345 Arkansas: $0.00 I $0.00 I $0.00 California (CMAS): $0.00 I $228,994 I $234,345 Connecticut: $639,493 I $862,663 I $468,147 Florida: $2,802,724 I $3,425,129 I $1,094,514 Georgia: $449,492 I $869,319 I $1,094,514 Kansas: $73,106 I $30,072 I $14,167 Massachusetts: $52,239 I $180,553 I $144,092 Mississippi: $59,582 I $18,414 I $61,105 New Jersey: $0.00 I $116,059 I $0.00 New Mexico:
$202,265 I $345,943 I $285,687 New York: $551,357 I $1,135,949 I $1,409,465 Ohio: $605,148 I $897,251 I $1,506,267
Pennsylvania: $66,893 I $73,145 I $12,750
South Carolina: $79,878 I $53,349 I $33,938
South Dakota: $321,347 I $508,017 I
$1,410,253
*
22 List any GSA contracts that you hold. What Teknion has held a GSA contract since 2003 initially under GS-28F-0016N and is the annual sales volume for each of these currently under GS-27F-0013V. The change in contract number occurred when GSA contracts over the past three years? merged all furniture categories under SIN 71. Annual sales are as follows:
*
FY 2016: $22,550,027
FY 2017: $24,027,029
FY 2018: $29,060,516
Table 4: References/Testimonials
Line Item 23. Supply reference information from three customers who are eligible for Sourcewell membership.
Entity Name * Contact Name * Phone Number *
State of North Dakota Jamie Bostyan 701-328-4912 [email protected] * The Weber School Vernon Knox 404-917-2500 *
James M. Cox Foundation Nancy Rigby 678-645-0000 *
Apparo Kim Sleight Lanphear 704.716.7767
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
Table 5: Top Five Government or Education Customers
Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name Entity Type * State /
Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years *
State of Florida Government Florida - FL Offer full breath of products, plus design specifications, and
installation throughout the state.
Varies by project size. $4.5 Million
*
Medical
College of
Learning
Education Wisconsin - WI Standard Manufacturer and Dealer services including, but not limited
to Design, Product Manufacturing,
Project Management, and
Installation of workstations for
medical and support staff
Varies by project size. $3.2 Million
*
State of Ohio Government Ohio - OH Provide Systems Furniture/Seating for various State/Education
facilities
Varies by project size. $3.1 Million
*
City of Atlanta Government Georgia - GA Held sole source contract for Systems Furniture for several
years. Contract included design,
product specification and
installation.
Varies by project size. $3 Million
*
Wiseburn
Unified School
District
Education California - CA Standard Manufacturer and Dealer services including, but not limited
to Design, Product Manufacturing,
Project Management, Installation
at this new 4 story High School;
Campus-wide applications
including all classrooms, maker
spaces, administration, and
lounge and lobby areas
Varies by project size. $1.5 million
*
Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell Members across the US, and Canada if applicable.Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full- time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line
Item Question Response *
25 Sales force. To the benefit of our customers, Teknion maintains a decentralized organizational structure, placing senior account representatives, operational teams, technical experts and ancillary support staff in regional field locations. To effectively meet and best serve customer requirements, Teknion has structured its sales force in the same way.
This sales model promotes local decision-making, ensures responsiveness and establishes clear communication lines for our customers. The sales hierarchy in each region, which includes eight geographic regions in the US and five in Canada, includes Regional Vice Presidents and Business Development Managers. For more specialized sales needs, Teknion also maintains a unique complement of industry- focused salespeople who service the A&D, Educational, and Government sectors.
*
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
26 Dealer network or other distribution
methods.
Teknion products are distributed through a worldwide network of authorized dealers.
These dealers are trained on all aspects of the Teknion product line including, but not limited to, specification, installation, and product application. Our dealer network works closely with Teknion’s sales and operations department to ensure that Teknion customers receive a high level of local customer service. Our network of approximately 400 worldwide provides a variety of additional services to its customers.
Teknion, through its Service Level Agreement with each dealer, ensures the following services are available, at a minimum:
• Process management, including customer meetings, project documentation, management reports, formal punch list procedures, formal warranty process • Product application, layout and specification, including block plans, space allocation review, furniture plans and typicals, product application strategies, site visits, furniture standards program support, complete project pricing matrices • Order management, including review of specification, electronic ordering, and verification of acknowledgments
• Project management, including management of processes, product application and order fulfillment, installation supervision and daily monitoring of project status • Installation and reconfiguration, including coordination of all installation activities, site inspections, field measurements, coordination with Teknion on product shipment, product receipt, inspection and staging, and communication on punch list issues • Product servicing, including warranty service, repair and preventative maintenance
Additional Dealer Services May Include:
• Move Management
• Warehousing
• Asset Management
• CAD Support
• Development of Furniture Specifications
• Project Management
*
27 Service force. Teknion works in conjunction with its dealers to provide and ensure high-quality installations of products. Teknion encourages and often requires its dealer network to utilize Teknion-certified installers. Ty pically, the dealer will maintain ongoing responsibility for the performance of all installation services, including direct field supervision of all installation personnel along with the responsibility for the provision of services in adherence to project schedule.
*
28 Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response-time capabilities and commitments,
as well as any incentives that help your
providers meet your stated service goals or
promises.
In response to the comments, suggestions, and requirements of our dealers and end users, Teknion has aligned its Operations Department into a regional service structure. Each team includes a representative from each Operational function including Technical Services, Customer Service, Project Management, and Service and Claims. A Regional Operations Manager oversees and manages the daily workflow through their specific region. This regional structure allows Teknion to 1) Align with sales, dealers and end users to enhance our service relationships with all our business partners; 2) Work effectively in teams wherein each employee contributes specific expertise but gains exposure to other related functions and 3) Manage the continued growth in our business and continually provide superior customer service.
Teknion assigns customer issues into three categories, as follows:
• Pre-Order: The Teknion Pre-order team is available to assist dealers with questions and issues involving product lead times, availability of materials, shipping lead times, production, and delivery planning. This team provides the most current information possible to plan efficient projects. Each issue is logged into a database and assigned a "Call Tracking" ticket number. All communications regarding this issue are saved within this ticket for future reference. Our Pre-order team communicates with all levels of our organization to research the information required to satisfy the request.
• Customer Service and Project Management: Our staff of Corporate Project Manag e are in-
• Service and Claims: Teknion has a staff of seasoned employees in the Service and Claims department, where claims are thoroughly investigated for the root cause, corrective action, and timely resolution. LEAN processes are in place to maintain our processing goals. Our intention is to resolve any issues that may arise prior to the completion of installation.
*
29 Identify any geographic areas of the United
States or Canada that you will NOT be fully
serving through the proposed contract.
Teknion is fully capable of servicing all geographic areas of the United States and Canada through the proposed contract.
*
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
30 Identify any Sourcewell Member sectors (i.e.,
government, education, not-for-profit) that you
will NOT be fully serving through the
proposed contract. Explain in detail. For
example, does your company have only a
regional presence, or do other cooperative
purchasing contracts limit your ability to
promote another contract?
Teknion will offer and promote an awarded contract to all Sourcewell members including Government, Education and Non-Profit segments.
*
31 Define any specific contract requirements or For shipments to Alaska and Hawaii, Teknion will bear the cost of freight from restrictions that would apply to our
Members in Hawaii and Alaska and in US
Teknion’s factory to a port of embarkation on the West Coast of the United States.
Any incremental cost to ship the product to Alaska and Hawaii will be invoiced to the
*
Territories. Member.
Table 7: Marketing Plan
Line
Item Question Response *
32 Describe your marketing strategy for
promoting this contract opportunity.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
Upon award, Steve Hindle, Teknion’s Director of Public Sector Programs, and Sourcewell’s primary point of contact will issue a statement announcing our continued partnership with Sourcewell to all Teknion sales personnel.
The following key points of the Teknion/Sourcewell partnership will be shared:
• Significant upfront savings and efficiencies (eliminates need for bidding) • Competitively awarded agreements allow for easy and immediate access • Agreements meet agency "piggy-backing" requirements • Aggregating spend results in increased savings
• Public agency resources are freed to pursue other strategic initiatives
Shortly thereafter, Teknion Regional sales teams will assemble for a Contract Kick-off Meeting to facilitate the team working through a planned agenda that includes:
• Identification of contract objectives/terms/conditions, critical dates, obstacles and factors for success
• Clarifications of Sourcewell’s expectations
• Establishment of uniform understanding of scope, scale and schedule • Clarification of team roles
*
Overall, this training will afford Sourcewell and its partner agencies confidence in Teknion's ability to successfully manage this contract throughout the US. Please see the Documents section of this portal for a sample Teknion – Sourcewell Partnership flyer.
33 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
The technologies we use to interact with our customers, dealers, and sales team are designed to maximize productivity of the user on demand. The following technologies digitally service our customers, dealers and sales team:
• Corporate Website: www.teknion.com
• Facebook: www.facebook.com/Teknion
• Twitter: twitter.com/teknion
• LinkedIn: www.linkedin.com/company/teknion
• You Tube: www.youtube.com/Teknion
*
34 In your view, what is Sourcewell’s role Teknion would expect Sourcewell to market and promote Teknion as an accepted Vendor in promoting contracts arising out of
this RFP? How will you integrate a
under the furniture category to all applicable Sourcewell members and agencies.
This would include visibility and accessibility to the Teknion contract via Sourcewell’s direct
*
Sourcewell-awarded contract into your website and any other sites and methods Sourcewell uses in these circumstances such as sales process? Minneapolis Star Tribune and other third-party advertisers deemed appropriate by Sourcewell. 35 Are your products or services available
through an e-procurement ordering
process? If so, describe your e-
procurement system and how
governmental and educational
customers have used it.
Teknion’s e-commerce capabilities provide real-time, 24/7 access to products and information self- service product configuration, automated quote generation and online ordering f e
Recognizing that our customers require e-commerce sites that are specialized around their unique furniture standards, Teknion’s online product catalogs can be easily tailored to fit their needs.
Customer-specific catalogs contain only those products and options approved by the customer, including customer-specific pricing for products and associated options. The catalog authentication manager uses a multi-level, discretionary access control system to determine which catalog a user is entitled to browse, what information that the user should see and the customer-specific pricing.
These custom catalogs ensure our customers' purchases are always "on contract," and help c e- procurement systems from suppliers such as Ariba, Commerce One and Oracle Exchang e DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
Using these online catalogs, Teknion's customers have access to full-featured product specification and selection tools. Once a customer has selected items, an automatically generated quote can be routed through the established requisition and approval process.
The resulting purchase order is then routed for order fulfillment.
Teknion’s online custom catalogs allow customers to choose products easily, expedite the order process, reduce order errors and eliminate rogue purchases, saving customers both time and money.
Systems Features: Catalogs Teknion’s online catalog structure allows a buyer to browse through a defined product taxonomy and view specific product details, including features, options, descriptions, PDFs and images.
Systems Features: Search Teknion realizes that customers purchasing highly variable products need more than one way to narrow their options and specify items. The catalog’s search capabilities provide a built-in guided selling tool, leading customers to the products they need.
These search capabilities include:
• Searching by product description, name, item number, options and features, and feature comparisons
• Keyword searches through product documentation
Systems Features: Visual Configuration Interactive online visualization, including detailed drawings and realistic 3D models, is the most efficient and effective way to present highly variable products to customers. Customers "visually configure" products by interactively selecting different pre-selected finishes, colors, sizes and other options, and then instantly seeing the results. Customers can rotate, tilt and magnify product images to closely examine a product from all angles.
Visual configuration also facilitates product familiarity. Options that the customer would not otherwise know about are presented both textually and visually, e.g. buyers can be presented ergonomic and storage options while viewing the catalog of their company’s standard workstation configurations.
System Features: Sales The sales feature provides the ability to accept and route various purchase order formats into the Teknion’s order entry system. Included is a powerful shopping cart function.
Features include:
• Users can save custom product configurations and commonly purchased items to an online "favorites" folder in order to easily select these items in future catalog visits. • Shopping carts can be saved between sessions, allowing the customer to stop and return at a later time to finish orders.
• Multiple shopping carts can be simultaneously used and saved, allowing customers working on multiple projects to segregate their cart contents. • Shopping carts can be e-mailed to co-workers and other individuals for collaboration.
Orders can be sent via e-mail in a number of formats, including XML, cXML, CDF, and SIF. Bill-of-materials files are automatically generated from the customer's selections.
Shopping Cart Using the shopping cart feature, customers assemble products into a shoppin g order entry system.
Systems Features: E-Procurement Connector
For customers using e-procurement systems, “punch out” sessions can be implemented from their “buyer” application to a customer-specific catalog containing their unique products, options, finishes, and pricing. Once customers have selected their furniture, the quote for the selected items is routed through their established requisition and approval process.
The resulting purchase order and BOM/SIF file attachments are sent back to Teknion for order fulfillment.
Features Include:
• The E-procurement application's username and password credentials are used to provide a single session sign-on.
• Authorizations established by the e-procurement application for order creation, editing and inspection are enforced.
• E-procurement systems from Ariba, Oracle Exchange, and Commerce One are supported. The complete Ariba Purchase Order specification is implemented, including separate sessions for order creation, editing, and inspection.
E-Procurement
Starting from an e-procurement system‘s "buyer" application, customers select a product
*
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
category; for example, "Furniture." Here, the Teknion catalog home page instructs customers to select their office location and click "start." At this point, the buyer application "punches out" to a custom catalog.
Table 8: Value-Added Attributes
Line
Item Question Response *
36 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell Members. Include
details, such as whether training is
standard or optional, who provides
training, and any costs that apply.
Teknion offers complete installation/maintenance training sessions, specific to applicable product lines. Additionally, Teknion can conduct end-user training to demonstrate the adjustability features of new furniture and how to make small changes. This may include Chair Adjustments and Training; Keyboard Adjustments and Training; and Element Removal and Replacement.
*
37 Describe any technological
advances that your proposed
products or services offer.
Technology-intensive environments demand intelligent wire management and effective distribution of power and data to workers, who may work anywhere within the premises.
The concepts of mobility and collaboration in the workplace, a rapidly growing workplace practice, requires access to technology and power at any time, everywhere.
For workstations, benching, office suite and meeting room solutions, Teknion has developed advanced electrical systems designed to provide easy access – ‘plug ‘n play’ connectivity for all types of workers. Lounges, cafes, private rooms and ancillary spaces also require simple solutions for connectivity and information sharing among work teams who come together and then dissolve to solo work zones.
*
We continually explore and evaluate how the evolution of workspace and workstyles, is supported through access to technology for all types of workers. At Teknion, it is imperative that the products we design are developed with the foret hought of how they will integrate with the current technology of today and the vision of tomorrow.
We have partnered with prestigious technology firms to develop new ideas of integrating furniture and technology; to provide a more flexible basis for today’s needs and future potential.
38 Describe any “green” initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.
As a manufacturer, our priority is to minimize the environmental impact of our activities.
Guiding these efforts are a set of Foundation Programs. We have carefully selected these programs based on our ability to use them as tools to raise the bar for our industry and ourselves. They also drive transparency and accountability through the use of third-party auditing and reporting.
Teknion’s Foundation Programs include ISO 14001: Environmental Management System to red u Level: Reducing environmental and social impacts of furniture within the built environment; SC S
*
Our other Core Programs include Carbon Disclosure Project (CDP): Mitigating climate change; EXCEL: Environmental leadership collaborative to share knowledge across industries; and Living Building Challenge: Reducing toxicity in our products and increasing transparency.
For further information on Teknion’s sustainability initiatives and the programs guiding our efforts, please see the Documents, Additional Documents section of our response for Teknion’s 2019 Environmental Charter.
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
39 Identify any third-party issued eco-
labels, ratings or certifications that
your company has received for the
equipment or products included in
your Proposal related to energy
efficiency or conservation, life-cycle
design (cradle-to-cradle), or other
green/sustainability factors.
Teknion’s Environmental Certifications/Programs include:
• BIFMA level: A transparent means of evaluating and communicating the environmental and social impacts of furniture products in the built environment. • California Department of Public Health (CDPH): The CDPH Standard Method is one of the most widely used standards to evaluate building and interior products for low chemical emissions.
• Carbon Disclosure Project (CDP): Provides third-party reporting that measures, discloses, manages and shares environmental information to lessen greenhouse gas emissions and further accountability and transparency.
• Design for Environment (DfE): An approach to reduce the overall human health and environmental impact of a product by considering the impacts across its life cycle during the design development phase.
• Divert: A program developed by Teknion to help companies divert their decommissioned furniture from landfill by providing them with the option to sell, donate, and/or recycle that furniture.
• Environmental Product Declaration (EPD): A document that communicates information about the environmental impact of a product throughout its entire life cycle. • EXCEL: Environmental leadership collaborative to share knowledge across industries. • Forest Stewardship Council (FSC): An international network promoting the responsible management of the world’s forests by tracking the chain of custody (CoC) from the forest to the consumer.
• ISO 14001: An internationally accepted specification for an Environmental Management System (EMS). Using this system, companies can establish, implement and measure sustainability goals.
• Living Building Challenge (LBC): A green building certification program and sustainable design framework developed by the International Living Future Institute (ILFI) to visualize the ideal for the built environment.
• Life Cycle Assessment (LCA): Assessment of environmental impacts associated with all the stages of a product’s life from raw material extraction through materials processing, manufacture, distribution, use, repair and maintenance, and disposal or recycling. • Red List: Developed by the International Living Future Institute (ILFI), the Red List identifies chemicals designated as harmful to living creatures including humans or the environment.
• SCS Indoor Advantage: Leadership in environmental and sustainability certification, improving indoor air quality, auditing, testing, and standards. • WELL: A performance-based building rating system and certification program that consists of seven key concepts that when adhered to, can positively affect human health.
*
40 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document upload
section of your response.
Because Teknion’s production facilities are not located within the United States and because of the degree of vertical integration within the Teknion corporate group, there are limited opportunities in the production facilities to outsource manufacturing processes to diverse suppliers. We do work to meet these requirements within the United States, however, by subcontracting design/specification, project management, installation and similar services to diverse suppliers, primarily Teknion’s authorized dealers, which are WBE, MBE, VOSB, SDVOSB, and Hub Zone entities.
Teknion's Supplier Diversity/Small Business Initiative promotes an inclusive business environment for the benefit of the company and our customers. We work with the following business concerns to develop innovative, cost-effective solutions that fuel our mutual growth:
• Small businesses
• Small disadvantaged businesses
• Small woman-owned businesses
• Historically Underutilized Business (HUB) Zone businesses • Veteran-owned small businesses
• Service-disabled Veteran-owned small businesses
• Certified woman-owned businesses
• Certified minority-owned businesses
*
Documentation has been uploaded to the Documentation section of this portal.
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
41 What unique attributes does your
company, your products, or your
services offer to Sourcewell
Members? What makes your
proposed solutions unique in your
industry as it applies to Sourcewell
members?
When Teknion provides a product and service, we commit to excellence in all matters. This provides our customers with the best value solution in initial first costs as well as future ownership and maintenance costs. Teknion feels that the following are the most unique qualities that differentiate us from our competitors:
• Integrated Product Portfolio – Teknion has developed a broad portfolio of products designed to serve the needs of customers with varied requirements. Teknion has brought new products to market with clear consideration for those customers who have standardized on our well-established products. Teknion takes pride in providing a product portfolio that offers differences that matter, such as interchangeable uses, integrated and universal products and ease of reconfiguration. In addition to Teknion’s commitment to non- obsolescence, Teknion’s goal has been to be able to provide additional value through the introduction of new products that improve performance and allow existing customers to benefit from these introductions.
• Commitment to Customer Satisfaction – Since Teknion’s entry into the market in the early 1980's, our approach to satisfying customer requirements has separated us from our competitors. In partnership with our dealers, Teknion has fashioned an organization that responds quickly to the needs of individual customers. From the development of special products to punch-list management, Teknion’s mandate has always been to consider each customer a future reference for Teknion and our dealers. This commitment has led to recognition from companies such as IBM and Cisco Systems, both of whom selected Teknion for vendor excellence awards. Above all else, we are guided by our Value Proposition for Service and Supply.
*
• Availability – Teknion's senior management team has always taken an active role in measuring success with each and every customer. As we have taken an active role in marketing our products, we are also available to our customers throughout the entire buying process. Teknion customers have the opportunity to speak with anyone in the organization for any reason. Our customers have the assurance that our entire organization is involved in measuring our performance, and that senior management will be available to resolve any issue that becomes important to a Teknion customer.
• Representation – Teknion feels that its field representation is the best in the business.
Teknion’s direct sales force along with an experienced, professional dealer network provides not only sales expertise, but also real customer services throughout the course of our customer relationships. In addition to the everyday, on-site services that our dealers provide, we count on our employees to be actively involved in making sure that our team is p e r f o r m i n g t o t h e b e s t o f i t s a b i l i t y .
• Attitude – We at Teknion have always considered ourselves fortunate to be chosen as a supplier to companies like Sourcewell. We take this responsibility seriously and never take our success for granted. We believe that our customers are the reason for our success.
42 Identify your ability and willingness
to provide your products and
services to Sourcewell member
agencies in Canada.
Teknion is able to service Members throughout the United States and Canada. In fact, as already noted in our response, Teknion has a significant market share in Canada. *
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line
Item Question Response *
43 Do your warranties cover all products, parts, and
labor?
Teknion warranties cover the parts/equipment needed to properly rectify a warranty related issue. *
44 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
Any applicable restrictions or other limitations are outlined within our warranty. Please see the Documents section of this portal for Teknion’s full Limited Lifetime warranty and Studio TK warranty.
*
45 Do your warranties cover the expense of
technicians’ travel time and mileage to perform
warranty repairs?
Teknion warranties cover those expenses associated with the performance of warranty repairs.
*
46 Are there any geographic regions of the United
States (and Canada, if applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell Members in
these regions be provided service for warranty
repair?
Teknion is fully capable of performing warranty repairs in all geographic regions in the United States and Canada.
*
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
47 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
The products proposed herein are manufactured by Teknion and thereby covered by Teknion warranties.
*
48 What are your proposed exchange and return
programs and policies?
No returns of products will be acc epted without Teknion’s prior written consent. Should a customer wish to return any standard Teknion product, the customer must request a Return Goods Authorization (“RGA”) form from Teknion. Teknion reserves the right to approve and/or deny RGAs at its sole discretion. All such approved returns must be shipped freight prepaid unless otherwise indicated by Teknion, and standard items may be subject to a restocking charge.
Worksurfaces, panels, elements, all upholstery items, and special products are the property of the customer and cannot be returned under any circumstances. Other standard items already in production are subject to a cancellation charge, to be determined at the sole discretion of Teknion.
Returned products will only be accepted if received by Teknion in the condition in which they left the factory. Credit will be issued only after inspection of returned products. Damaged products will be refused and returned to the shipper.
*
49 Describe any service contract options for the items
included in your proposal.
Teknion delivers on long-term business relationships and one-to-one service.
Together with our extensive dealer network, Teknion provides a full range of facilities services for customers. Teknion’s service agreements commit to professional service levels including service response times to ensure our customers’ products are installed and functioning properly. A Service Level Agreement can be structured based upon the services and timeframes required to meet facility planning needs or services can be provided on an ad hoc basis as required. If requested, Teknion will monitor and measure performance against key performance indicators (KPIs). Each dealer offers a full range of services for project management, move management, and asset management.
A summary of available services is listed below.
• Order Management Services: Product specification and pricing; Order processing and tracking; and Order delivery planning and phasing • Installation Services: Delivery and receiving of goods; Staging; and Install and quality acceptance of install
• Move Management: Reconfigurations/small moves, adds and changes; Move planning for live sites to minimize disruption; Moves – floor-to-floor and site-to-site, tear-down and rebuild; Post-project maintenance & day-to-day facilities care; and Add-on or change-out to furniture
• Cost Quotations: Parts and service for warranty work • Express Ship Furniture Programs
• CAD Drawing Services: Furniture Standards Development • Ergonomic Evaluations: Assessment and recommendations; and End-user training for new products
• Asset Management: Warehousing; and Inventory programs • After Market Furniture Services: Used furniture procurement or trades; and Inventory disposition and recycling
• Leasing Programs
*
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
Table 10: Payment Terms and Financing Options
Line
Item Question Response *
50 What are your payment terms (e.g., net 10, net 30)? Teknion’s standard payment terms are Net 30. * 51 Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?
Teknion can provide leasing options to these entities if requested. *
52 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.
For example, indicate whether your dealer network is
included in your response and whether each dealer (or
some other entity) will process the Sourcewell Members’ purchase orders.
At Teknion, we have an overall philosophy of continuous process improvements. Teknion has developed an order entry process that enables customers multiple avenues of order placement, either directly with Teknion or through one of our authorized dealer partners. Orders may be accepted utilizing our online ordering system, an internet site to upload larger orders, or orders may be placed via the traditional fax/email method. Please see the Documents, Additional Documents section of this portal for an outline of the roles and responsibilities of both Teknion and our Dealer Partner(s) throughout the order process.
Teknion can provide the following Sourcewell-specific reports on a monthly or quarterly basis as requested by Sourcewell:
• Purchase Detail Report: This report will outline purchases by product category for systems, seating, freestanding storage and freestanding furniture as well as corresponding list and net values for these items.
• Purchase Summary Report: This report will outline specific list and net purchases according to the product line.
• Order Category Report: This report will detail the number of orders placed for each category of systems, seating, freestanding storage and freestanding furniture by product line.
• Order Summary Report: This report will outline the average order value by product line.
• Order Detail Report: This report will provide a detailed listing of all orders placed during a specified period. This report will outline total order list value, discounts, and net order costs. • Other Ad Hoc Reports: Teknion’s Business Development Managers will work closely with Sourcewell Members to develop customized reports to achieve management reporting goals.
*
53 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell Members for using this process?
Teknion can provide P-card procurement for transactions up to $5,000 at no additional cost to the Member.
*
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line
Item Question Response *
54 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the document upload section of your response.
Teknion is offering a pricing model which prescribes a discount off of the list pricing set forth In Teknion’s published Price and Product Guides. Generally, each product line has its own Price and Product Guide and is subject to a specific discount although several product lines share the same discount (e.g., District, Leverage, and TOS). This model is Teknion’s standard pricing methodology both for commercial and governmental customers.
Due to the number of product lines which Teknion is offering and the number of product codes within each line, combined with the number of product options, including size variations, options, and finishes, Teknion is not able to provide a SKU for each item in Excel format.
We have, however, provide a link to the Price and Product Guide (PPG) for each offered line. Please see the Documents, Additional Documents section of this portal for those links.
*
Please note: We uploaded the PPGs that are not currently available on-line, but were unable to upload all as the file size exceeded the allowable upload parameters.
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
55 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range.
As set forth in our response above, each Teknion product line gets its own discount off published list price although several product lines share the same discount. Please see the Documents section of the portal for Teknion’s proposed discount structure.
*
56 Describe any quantity or volume discounts or rebate
programs that you offer.
Please refer to our response to Table 12, Pricing offered for Teknion’s discount structure, which includes volume discounts. * 57 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may
supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request.
For items that are not manufactured by Teknion, Teknion would purchase and resell such items to the Member at Teknion’s cost plus a 5% markup.
*
58 Identify any element of the total cost of acquisition that is N O like pre- delivery inspection, installation, set up, mandatory tra Teknion’s Total Cost of Acquisition does not provide for delivery or set-up activities beyond the Sourcewell Member’s dock. Inside delivery and installation costs will be quoted on a per project basis.
*
59 If freight, delivery, or shipping is an additional cost to the Sourcewell Member, describe in detail the complete freight, shipping, and delivery program.
For deliveries within the Continental United States, Teknion utilizes a fleet of contract trucking carriers that deliver our products via standard ground freight. For standard shipments utilizing the method described above, Teknion will bear the cost of freight from our manufacturing facilities to any single destination within the Continental United States.
Teknion can also accommodate expedited shipping methods as requested by our customers. If Sourcewell Members requires expedited freight service, Teknion would invoice Sourcewell Members for the difference between the cost of expedited service and the cost of freight that would have been incurred had the products been shipped using Teknion’s standard ground freight methods.
*
In Canada, freight is included to all Urban Centers. For locations 200km outside of urban centers, freight costs will be quoted on a project by project basis.
60 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
Teknion will bear the cost of freight for all shipments into the Continental United States and Canada. For shipments to Alaska and Hawaii, Teknion will bear the co st of freight from Teknion’s factory to a port of embarkation on the West Coast of the United States. Any incremental cost to ship the product to Alaska and Hawaii will be invoiced to the Member.
*
61 Describe any unique distribution and/or delivery methods or options offered in your proposal.
Within North America, Teknion utilizes a fleet of contract trucking carriers that meet Teknion’s stringent equipment requirements.
Teknion’s method of shipping depends on the plant location, destination, timing, and variable conditions (weather, road closure, strikes etc..). Shipments traveling by truck are categorized into truckload (TL) and less than truckload (LTL). Truckload (TL) shipments consist of a full truck and offer a more precise appointment date, time, and final destination. Less than truckload shipments (LTL) are combined with other orders to ensure that full truckloads are created, thus having a positive impact on the environment in reducing the quantity of gas used and reducing emissions. Teknion will also leverage rail transportation for large projects that follow a more consistent schedule.
*
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments 62 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
Table 13: Audit and Administrative Fee
Line
Item Question Response *
63 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell.
Teknion's real interest in down-to-earth problem solving has resulted in strong alliances with our customers. Teknion will continue to build long-term partnerships, supported by a commitment to innovative solutions, which will advance the strategic interests of our customers. As part of our account management protocol, Teknion will conduct ongoing reviews every three-months to identify degrees of satisfaction, and if necessary, to document formal corrective action plans. These comprehensive work sessions will involve formal and/or
informal discussions and presentations to assess performance on product and service benchmarks.
To ensure compliance with the terms of the contract and its pricing Teknion can provide the following Sourcewell specific reports on a monthly or quarterly basis as requested by Sourcewell and its Members:
• Purchase Detail Report – This report will outline
purchases by product category for systems, seating,
freestanding storage and freestanding furniture as well as corresponding list and net values for these items.
• Purchase Summary Report – This report will outline specific list and net purchases according to the product line.
• Order Category Report – This report will detail the number of orders placed for each category of systems,
seating, freestanding storage and freestanding furniture by product line.
• Order Summary Report – This report will outline
the average order value by product line.
• Order Detail Report – This report will provide a
detailed listing of all orders placed during a specified period.
This report will outline total order list value, discounts, and net order costs.
• Other Ad Hoc Reports – Teknion will work closely
with Sourcewell to develop customized reports to achieve management reportin g goals.
*
64 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.)
Teknion proposes an administrative fee equal to 2% as
described above.
*
Table 14: Industry Specific Questions
Line
Item Question Response *
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
65 If you are awarded a contract, provide
examples of internal metrics that will be
tracked to measure whether you are
having success with the contract.
Development of Key Performance Indicators (KPIs) is an important exercise that supports our customers’ business cases, project goals, and parameters (metrics).
The establishment of KPIs is critical for the program success and will also provide direction for the extended project team. These metrics will serve as a measure of success during project and performance evaluations. Reporting measures should be mutually agreed upon, obtainable and sustainable.
Teknion can provide the following Sourcewell-specific reports on a monthly or quarterly basis as requested by Sourcewell:
• Purchase Detail Report – This report will outline purchases by product category for systems, seating, freestanding storage and freestanding furniture as well as corresponding list and net values for these items.
• Purchase Summary Report – This report will outline specific list and net purchases according to the product line.
• Order Category Report – This report will detail the number of orders placed for each category of systems, seating, freestanding storage and freestanding furniture by product line.
• Order Summary Report – This report will outline the average order value by product line.
• Order Detail Report – This report will provide a detailed listing of all orders placed during a specified period. This report will outline total order list value, discounts, and net order costs.
• Other Ad Hoc Reports – Steve Hindle will work closely with Sourcewell to develop customized reports to achieve management reporting goals.
*
66 Describe any industry testing procedures,
quality controls and certifications that apply
to the products proposed.
Teknion adheres to and exceeds the high standards established by the Business and Institutional Furniture Manufacturer’s Association (BIFMA) under the American National Standards Institute (ANSI) standard development process.
These standards are intended to provide manufacturers, specifiers and users with a common standard base when selecting furniture that meets safety, durability and the structural adequacy of the specified furniture, independent of construction materials.
The standards define specific tests, laboratory equipment to be used, test conditions and acceptance levels. Teknion employs certified, independent third-party test facilities to conduct BIFMA testing. Certificates of Compliance for each product line are available to our customers for review.
Additionally, in September 1993, Teknion received its registration pursuant to ISO 9001. This rigorous standard is imposed by the International Organization for Standardization and requires candidates to create a process to ensure quality control processes in the development, manufacturing, delivery and servicing of its products.
Registration requires documentation of quality procedures, demonstration of continuous improvement, and independent ongoing audits by International Standards Board representatives.
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
67 Describe your ability and plan to address
member needs for collaborative space or
open concept solutions and how your
proposed products factor in to them.
Teknion continuously introduces products that support new planning scenarios for the evolving office. Teknion products can be used to build complete independent workstations and clusters. Others have been designed to enhance the functionality of systems furniture already in place. Teknion products support the integration of people and technology, facilitate productivity and communication, and create flexible work environments that adapt to change as it occurs.
Planning for the Evolving Office In today's business environment, change occurs rapidly. and undefined future requirements.
• Scenarios may be determined by the nature of the business, organizational structure and culture, space restrictions, technology, work dynamics and process.
• Within any given organization, planning may differ by department, team or individual user needs.
• Facilities need a single adaptable product portfolio that can address a wide variety of planning needs and be used for experimentation. • Through a combination of our products, Teknion offers a wide range of planning possibilities.
• The inherent flexibility of Teknion's product offering allows customers to move fluidly across the spectrum of planning solutions as changing needs dictate.
Low-Risk Experimentation Teknion products allows users to make gradual changes or tr a and investment management.
Safe Investment Because Teknion products support a range of workstation types, as w e systems already in place.
Since 1981, Teknion has created furniture for the technology-driven office. Today, we are helping to serve the needs of an evolving workplace and world of business.
Our products are designed to work with all the possible shapes the work environment may take tomorrow and the day after.
68 Describe your design resources to develop
or enhance culture, change management
and integrated technology needs.
Teknion has always been driven by design. From becoming one of the first manufacturers to put power in a panel, to launching game-changing solutions like District and Upstage, our design team has earned a reputation for innovation.
Teknion understands the role of design and the skills that designers bring to business — from product development to communications to organizational structure and work processes. As such, the foundation of our business is one of respect for design, relationships and quality.
The Teknion Design Team is comprised of our internal department of design thinkers, many of which we can proudly say have been with us since the inception of Teknion. In addition, we actively build concepts and ideas in collaboration with leaders in the design community. Together we continue to create, innovate and launch new products to build upon our product portfolio. 69 Describe your ability to evaluate and
enhance the utilization or return on
investment for design alternatives utilizing
your products.
Integration has been a core design philosophy since our early days and has been a key to Teknion's overall success. Integration is clearly evident in how our extensive portfolio of products and finishes have been designed to work together - a unique approach in the contract furniture industry. Teknion products have been fundamentally designed to minimize the total cost of ownership while maintaining simplicity in design. Teknion understands that furniture is a substantial investment for any company, and for this reason we are committed to developing products that are universal in nature, can be changed easily and are cost effective thereby reducing overall expenditures.
Teknion products enable customers to make gradual changes or radically transform their work environments. Teknion designs and manufactures practical, adjustable, multiple-use products where the cost of experimentation is minimal, while change and future adaptability are easy. Our products are designed to integrate with each other and be “backward compatible” with the vast majority of legacy products – a philosophy we will continue to maintain long into the future.
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
70 Describe how your products are integrated
or factor into a LEED certified facility.
Through advocacy and education, Teknion has held a leadership role in sustainable outreach since 2002. Teknion has used the USGBC and the lessons we have learned through our partnership with them to guide our product development by implementing a protocol called “Design for the Environment” (DfE) to drive a cultural change within our organization.
The Partnership
Our path to environmental success began by providing educational workshops for LEE D two- year educational partnership with the USGBC in which we prepared industry part portfolio.
As LEED transforms from a technical rating system on building performance to a system that is focused on the health of the occupants in the space, Teknion has been part of five different Pilot Projects for LEED v4. As we expand our knowledge base, we will continue to implement and strategize for our customers based on these new rating standards.
While we are proud of our success with the LEED rating system, we still see the opportunity for more. Through pilot projects with LEED V4, we see more on the horizon that further addresses the health and wellness of the workplace. While documents like Environmental Product Declarations and Health Product Declarations remain absent and unachievable for the furniture industry, we see the opportunity to move forward with transparency and life cycle assessments with or without a prescribed process that meets LEED v4. Let us show you how we make 80% of what we sell in-house through our owned supply chain and source 95% of our raw materials from North America.
Projects that are precursors to the LEED v4 standard are those following the Living Building Challenge Standard. Using this standard to help perfect the Innovation Credits within LEED, Teknion has learned more, pushed the learning curve forward and provided safe and transparent products for our customers with projects such as The Bullitt Center, The Brock Environmental Center in Virginia Beach, Virginia, the National Resources Defense Council, and Living Future Institute in Seattle, Washington.
While we could list numerous customers and projects that would illustrate our contribution to LEED, we feel it is more important to highlight specific projects that were monumental in execution by the knowledge and collaboration of our team. We intend to partner with Sourcewell Members in the same way, stretching the value of our products and expertise in sharing the value of sustainable design with your staff, your customers and your investors. Green is good for business and we are well positioned and educated, as a company, to contribute to the success of your project. It is our goal to be strategic for our customers by providing a product and a process that supports sustainable design.
71 Describe your approach to serving
members in state/local Government,
education, non-profit, and how you will
grow those markets using your products
and the Sourcewell contract.
Teknion’s Public Sector Program is a focused group of individuals who manage complex accounts across geography. We support multiple layers of the contracting agency with a dedicated, multi-disciplined Teknion team. The team works with the end users to create and implement timely, cost-effective and appropriate solutions by applying consistent methodology, quality products and skilled service resources.
Through the Program, Teknion offers a full range of high-performance products designed to meet the diverse requirements of the Public Sector market. Our product offering includes but is not limited to flexible panel and desking systems, quality wood furnishings, filing and storage, a broad range of seating, tables, and furniture for open and collaborative spaces. Our product allows for flexibility of design and reconfigurability of a space. Our products also meet industry testing and sustainability standards.
To further support our customers, Teknion partners with authorized dealers who provide needs— from design, planning, management, to installation—to achieve customer sat
Teknion’s innovative, award-winning products, our strong dealer network, and team of experienced personnel who are committed to customer satisfaction are ideal for your cooperative purchasing applications.
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
Table 15: Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.”
Financial Strength and Stability - Teknion Financial Strength & Stability.pdf - Tuesday December 17, 2019 10:33:51 Marketing Plan/Samples - Teknion - Sourcewell Public Sector Marketing Material.pdf - Wednesday November 27, 2019 08:09:15 WMBE/MBE/SBE or Related Certificates - Teknion WMBE-MBE-SBE & Related Certificates.pdf - Tuesday December 17, 2019 10:39:18
Warranty Information - Teknion Warranty Information.pdf - Tuesday December 17, 2019 10:34:24 Pricing - Teknion Pricing Proposal 12.19.19.xlsx - Tuesday December 17, 2019 10:35:16 Additional Document - Teknion Additional Documents.zip - Thursday December 19, 2019 09:39:18 DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Bid Number: RFP 121919 Vendor Name: Teknion LLC
Proposers Assurance of Comp
PROPOSER ASSURANCE OF COMPLIANCE
PROPOSER’S AFFIDAVIT
The undersigned, authorized representative of the entity submitting the foregoing proposal (the “Proposer”), swears that the following statements are true to the best of his or her knowledge.
1. The Proposer is submitting its proposal under its true and corr ect name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell member agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract.
2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm, or corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP.
3. The contents of the Proposer's proposal have not been communica ted by the Proposer or its employees or agents to any person not an employee or agent of the Proposer and will not be communicated to any such persons prior to the official opening of the proposals.
4. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and ot her documents in this solicitation and affirms that any and all exceptions have been noted and included with the Proposer’s Proposal.
5. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the te rms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation.
6. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.
7. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
8. The Proposer understands that Sourcewell will reject RFP proposals that are marked “confidential” (or “nonpublic,” etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a “trade secret,” and thus nonpublic data under Minnesota’s Data Practices Act.
The Proposer understands that it is the Proposer’s duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation.
By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Jeffrey Kraus, Vice President Business Operations , Teknion LLC The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
Yes No
DocuSign Envelope ID: 9AF44748-0AB7-4562-9D5B-2C110598BBE8
Exhibit “B”
CONTRACTOR’S SCOPE OF SERVICES
2840 N. Lima St.Burbank CA 91504(818)333-3160 x 105
Furniture QuotaƟonbluespace interiors
MAIN AREA WORKSTATIONS updated pricing.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: MAIN AREA WORKSTATIONS
MONTEBELLO CA 90640
11/9/2022
11:17:45AM
LEE ALPERT
Q155154 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
MAIN AREA FRONT WS
TNDPABFYNL Desktop Optimizer, Accessory Combo
A, Pull Out Bin, Felt Liner, Rail Shelf,
4 $783.00 $240.15 $960.6069.331
RLUDB Communication Box4 $38.00 $14.82 $59.2861.002
RLWT12 Cable Tray, 12"w8 $21.00 $8.19 $65.5261.003
RAGC Rectangular Grommet8 $28.00 $10.92 $87.3661.004
RLDBO8T72 Base Feed, Spine Desk, Opposite
Power Position, 8-Wire Isolated
1 $400.00 $156.00 $156.0061.005
RLDCS8T030 Power Harness, Spine Desk, 8-Wire
Isolated Ground, 30"Long
1 $211.00 $82.29 $82.2961.006
RLDCS8T054 Power Harness, Spine Desk, 8-Wire
Isolated Ground, 54"Long
1 $229.00 $89.31 $89.3161.007
RLDCS8T060 Power Harness, Spine Desk, 8-Wire
Isolated Ground, 60"Long
2 $237.00 $92.43 $184.8661.008
RLDUSS8T15 Power Box For Spine Desk,
Single-Sided, 8-Wire, Isolated Ground,
2 $311.00 $121.29 $242.5861.009
RLDUSS8T25 Power Box For Spine Desk,
Single-Sided, 8-Wire, Isolated Ground,
1 $311.00 $121.29 $121.2961.0010
RLDUSS8T35 Power Box For Spine Desk,
Single-Sided, 8-Wire, Isolated Ground,
1 $311.00 $121.29 $121.2961.0011
RAG2 Desking Grommet, Desking Gable1 $13.00 $5.07 $5.0761.0012 RCSBGD2254 Central Screen for Spine Desk - Glass,
Desk Mounted, 22"h x 54"w
3 $416.00 $162.24 $486.7261.0013
RPSLG512254L1" Laminate Floor Screen With 22"
Glass - Lateral Connection, Left, 51"h
1 $1,013.00 $395.07 $395.0761.0014
RTLDC2024N Rectangular Worksurface w/ Cross
Grain, 20"d x 24"w - No Grommet
3 $295.00 $115.05 $345.1561.0015
RBSPS20286612Pedestal, Stationary, 20"d x 28"h,
Box, Box, File
4 $962.00 $375.18 $1,500.7261.0016
RMSRLWB3054RSpine Desk - S-Sided - Freestanding,
Wall Access Mod, Both-Ends WS
1 $1,154.00 $450.06 $450.0661.0017
RMSRLWB3060BSpine Desk - S-Sided - Freestanding,
Wall Access Mod, Both-Ends WS
3 $1,213.00 $473.07 $1,419.2161.0018
$6,772.38Sub Total Sell
MAIN AREA WS
KPXL3630 Floor Flush Panel - Segmented, 30"
Rail, 36"h x 30"w
4 $232.00 $71.15 $284.6069.3319
MAIN AREA WORKSTATIONS updated pricing.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: MAIN AREA WORKSTATIONS
MONTEBELLO CA 90640
11/9/2022
11:17:45AM
LEE ALPERT
Q155154 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
KEBMS0530 Baseboard Element, Metal, Standard
Width, 5"h x 30"w
4 $106.00 $32.51 $130.0469.3320
KESS2430 Acoustic Element, Standard Width,
24"h x 30"w
4 $146.00 $44.78 $179.1269.3321
KESS0630 Acoustic Element, Standard Width, 6"h
x 30"w
4 $66.00 $20.24 $80.9669.3322
KESS0630 Acoustic Element, Standard Width, 6"h
x 30"w
4 $66.00 $20.24 $80.9669.3323
KTR30 Top Trim, 30"w4 $51.00 $15.64 $62.5669.3324
KPXL3636 Floor Flush Panel - Segmented, 30"
Rail, 36"h x 36"w
4 $242.00 $74.22 $296.8869.3325
KEBMS0536 Baseboard Element, Metal, Standard
Width, 5"h x 36"w
4 $116.00 $35.58 $142.3269.3326
KESS2436 Acoustic Element, Standard Width,
24"h x 36"w
4 $171.00 $52.45 $209.8069.3327
KESS0636 Acoustic Element, Standard Width, 6"h
x 36"w
4 $78.00 $23.92 $95.6869.3328
KESS0636 Acoustic Element, Standard Width, 6"h
x 36"w
4 $78.00 $23.92 $95.6869.3329
KTR36 Top Trim, 36"w4 $55.00 $16.87 $67.4869.3330
KPXL5130 Floor Flush Panel - Segmented, 30"
Rail, 51"h x 30"w
6 $291.00 $89.25 $535.5069.3331
KEBMS0530 Baseboard Element, Metal, Standard
Width, 5"h x 30"w
6 $106.00 $32.51 $195.0669.3332
KESS2430 Acoustic Element, Standard Width,
24"h x 30"w
6 $146.00 $44.78 $268.6869.3333
KESS2130 Acoustic Element, Standard Width,
21"h x 30"w
6 $140.00 $42.94 $257.6469.3334
KEAFC2930 Laminate Element - Floor Flush,
Corridor Width, 29"h x 30"w
6 $188.00 $57.66 $345.9669.3335
KEAC2130 Laminate Element, Corridor Width,
21"h x 30"w
6 $153.00 $46.93 $281.5869.3336
KPXL5142 Floor Flush Panel - Segmented, 30"
Rail, 51"h x 42"w
2 $317.00 $97.22 $194.4469.3337
KEBMS0542 Baseboard Element, Metal, Standard
Width, 5"h x 42"w
2 $116.00 $35.58 $71.1669.3338
KESS2442 Acoustic Element, Standard Width,
24"h x 42"w
2 $187.00 $57.35 $114.7069.3339
KESS2142 Acoustic Element, Standard Width,
21"h x 42"w
2 $180.00 $55.21 $110.4269.3340
KEAFC2942 Laminate Element - Floor Flush,
Corridor Width, 29"h x 42"w
2 $246.00 $75.45 $150.9069.3341
KEAC2142 Laminate Element, Corridor Width,
21"h x 42"w
2 $200.00 $61.34 $122.6869.3342
KPXL5148 Floor Flush Panel - Segmented, 30"
Rail, 51"h x 48"w
2 $329.00 $100.90 $201.8069.3343
KEBMS0548 Baseboard Element, Metal, Standard
Width, 5"h x 48"w
2 $118.00 $36.19 $72.3869.3344
MAIN AREA WORKSTATIONS updated pricing.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: MAIN AREA WORKSTATIONS
MONTEBELLO CA 90640
11/9/2022
11:17:45AM
LEE ALPERT
Q155154 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
KESS2448 Acoustic Element, Standard Width,
24"h x 48"w
2 $206.00 $63.18 $126.3669.3345
KESS2148 Acoustic Element, Standard Width,
21"h x 48"w
2 $198.00 $60.73 $121.4669.3346
KEAFC2948 Laminate Element - Floor Flush,
Corridor Width, 29"h x 48"w
2 $271.00 $83.12 $166.2469.3347
KEAC2148 Laminate Element, Corridor Width,
21"h x 48"w
2 $216.00 $66.25 $132.5069.3348
KPXL5136 Floor Flush Panel - Segmented, 30"
Rail, 51"h x 36"w
4 $298.00 $91.40 $365.6069.3349
KEBMS0536 Baseboard Element, Metal, Standard
Width, 5"h x 36"w
4 $116.00 $35.58 $142.3269.3350
KECS22436 Acoustic Power/Comm. Element,
Standard Width, Power & Comm.,
4 $217.00 $66.55 $266.2069.3351
KESS2136 Acoustic Element, Standard Width,
21"h x 36"w
4 $161.00 $49.38 $197.5269.3352
KEAFC2936 Laminate Element - Floor Flush,
Corridor Width, 29"h x 36"w
4 $222.00 $68.09 $272.3669.3353
KEAC2136 Laminate Element, Corridor Width,
21"h x 36"w
4 $175.00 $53.67 $214.6869.3354
KPXL5142 Floor Flush Panel - Segmented, 30"
Rail, 51"h x 42"w
6 $317.00 $97.22 $583.3269.3355
KEBMS0542 Baseboard Element, Metal, Standard
Width, 5"h x 42"w
6 $116.00 $35.58 $213.4869.3356
KESS2442 Acoustic Element, Standard Width,
24"h x 42"w
6 $187.00 $57.35 $344.1069.3357
KESS2142 Acoustic Element, Standard Width,
21"h x 42"w
6 $180.00 $55.21 $331.2669.3358
KEBMS0542 Baseboard Element, Metal, Standard
Width, 5"h x 42"w
6 $116.00 $35.58 $213.4869.3359
KEAS2442 Laminate Element, Standard Width,
24"h x 42"w
6 $215.00 $65.94 $395.6469.3360
KESS2142 Acoustic Element, Standard Width,
21"h x 42"w
6 $180.00 $55.21 $331.2669.3361
KPXL5148 Floor Flush Panel - Segmented, 30"
Rail, 51"h x 48"w
6 $329.00 $100.90 $605.4069.3362
KEBMS0548 Baseboard Element, Metal, Standard
Width, 5"h x 48"w
6 $118.00 $36.19 $217.1469.3363
KESS2448 Acoustic Element, Standard Width,
24"h x 48"w
6 $206.00 $63.18 $379.0869.3364
KESS2148 Acoustic Element, Standard Width,
21"h x 48"w
6 $198.00 $60.73 $364.3869.3365
KEBMS0548 Baseboard Element, Metal, Standard
Width, 5"h x 48"w
6 $118.00 $36.19 $217.1469.3366
KEAS2448 Laminate Element, Standard Width,
24"h x 48"w
6 $237.00 $72.69 $436.1469.3367
KESS2148 Acoustic Element, Standard Width,
21"h x 48"w
6 $198.00 $60.73 $364.3869.3368
CT18L Cantilever, 18"d4 $80.00 $24.54 $98.1669.3369
MAIN AREA WORKSTATIONS updated pricing.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: MAIN AREA WORKSTATIONS
MONTEBELLO CA 90640
11/9/2022
11:17:45AM
LEE ALPERT
Q155154 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
CT18R Cantilever, 18"d4 $80.00 $24.54 $98.1669.3370
EBFQC Communications Base Feed1 $50.00 $15.34 $15.3469.3371 EKBF8T72 Base Feed, 8-Wire Isolated Ground,
72" long
1 $384.00 $117.77 $117.7769.3372
EKBH8T048 Power Harness, 8-Wire Isolated
Ground, 48" long
1 $229.00 $70.23 $70.2369.3373
EKBH8T072 Power Harness, 8-Wire Isolated
Ground, 72" long
2 $244.00 $74.83 $149.6669.3374
EKBH8T096 Power Harness, 8-Wire Isolated
Ground, 96" long
1 $276.00 $84.65 $84.6569.3375
EKBH8T144 Power Harness, 8-Wire Isolated
Ground, 144" long
1 $355.00 $108.88 $108.8869.3376
EKQPD Power Box, Double Length4 $248.00 $76.06 $304.2469.3377 EKROS Receptacle Outlet, Standard 15 Amp8 $42.00 $12.88 $103.0469.3378 KCC363 Three-Way Connector, 36"h2 $115.00 $35.27 $70.5469.3379 KCC513 Three-Way Connector, 51"h3 $147.00 $45.08 $135.2469.3380 KCCN3690 Two-Way Connector 90 Degree, 36"h2 $176.00 $53.98 $107.9669.3381 KCCN5190 Two-Way Connector 90 Degree, 51"h1 $231.00 $70.85 $70.8569.3382 KCW51 Panel Wall Adapter, 51"h1 $129.00 $39.56 $39.5669.3383 KPGAB0966 Panel Add-On Screen - Glass, Both
Extended, 9"h x 66"w
2 $844.00 $258.85 $517.7069.3384
KPGAB0996 Panel Add-On Screen - Glass, Both
Extended, 9"h x 96"w
2 $1,124.00 $344.73 $689.4669.3385
KPGAE0990 Panel Add-On Screen - Glass, One
Side Extended, 9"h x 90"w
3 $835.00 $256.09 $768.2769.3386
KPGAE0990 Panel Add-On Screen - Glass, One
Side Extended, 9"h x 90"w
1 $1,055.00 $323.57 $323.5769.3387
KPGAS0990 Panel Add-On Screen - Glass, Both
Standard, 9"h x 90"w
1 $1,055.00 $323.57 $323.5769.3388
KPGAS0990 Panel Add-On Screen - Glass, Both
Standard, 9"h x 90"w
3 $835.00 $256.09 $768.2769.3389
KTE36 Panel End Trim, 36"h2 $48.00 $14.72 $29.4469.3390 KTE51 Panel End Trim, 51"h8 $52.00 $15.95 $127.6069.3391 KTI15 Intermediate Panel End Trim, 15"h4 $38.00 $11.65 $46.6069.3392 KWSQY2443 Rectangle Worksurface (D-Style), with
Scallop, 24"d x 43"w
8 $472.00 $144.76 $1,158.0869.3393
TNDM Desktop Multi-Organizer8 $131.00 $40.18 $321.4469.3394
MAIN AREA WORKSTATIONS updated pricing.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: MAIN AREA WORKSTATIONS
MONTEBELLO CA 90640
11/9/2022
11:17:45AM
LEE ALPERT
Q155154 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
YEEG Rectangular Grommet16 $48.00 $14.72 $235.5269.3395 YEPQD120E120APower Qube,Dual - 1 Power/2 USB/0
Data,Desk Edge
8 $492.00 $150.90 $1,207.2069.3396
YSRB9E2964NRBhiSpace Basic HA FS Comp Table
w/Rect WS,Ext Elec,29"dx64"w,No
8 $3,125.00 $958.44 $7,667.5269.3397
BDSTR1836 Top for Solid Storage, 18"d x 36"w
(1"WS)
1 $328.00 $127.92 $127.9261.0098
BSCDSP183628NStorage Cabinet - Solid Doors - Pulls,
18"d x 36"w x 28"h, Door Swing Not
1 $869.00 $338.91 $338.9161.0099
RACMFM305115Markerboard - Freestanding Storage
Mounted, Magnetic Glass, Above
8 $339.00 $132.21 $1,057.6861.00100
RBAT24511212LFreestanding Tower with Lateral
Access and Drawers, 24"d x 51"h,
4 $1,498.00 $584.22 $2,336.8861.00101
RBAT24511212RFreestanding Tower with Lateral
Access and Drawers, 24"d x 51"h,
4 $1,498.00 $584.22 $2,336.8861.00102
RBTPS180612Mobile Pedestal with Seat, 18"d, Box
Drawer, Box File
8 $1,305.00 $508.95 $4,071.6061.00103
$37,678.81Sub Total Sell
ZDEL
DSASSEMBLY DELIVERY/INSTALLATION1 $0.00 $7,325.00 $7,325.000.00104 $7,325.00Sub Total Sell
SALES TAX 10.25% $0.00 $5,307.06 $5,307.06
PROJECT MANAGEMENT $975.00 $975.00 $975.00
Total Sell: $58,058.25
There are NO refunds, returns, cancellations or exchange privileges on Special Orders. All orders over $7,500.00 require a 50% deposit. Balance due is subject to normal payment terms and based on approved credit. Please review all specifications carefully before ordering and initial each page of this quotation. Some orders may require additional time due to production schedules and may exceed the time quoted. bluespace interiors cannot guarantee delivery from manufacturers by a certain date. A quoted date is an estimate and not a condition of sale. Installation and delivery to be performed during normal business hours unless otherwise quoted. Inside delivery and set up requires the receiving area to be prepared for the furniture installation. It is Customer’s responsibility that the site be clean and free of debris prior to installation. An additional charge will be incurred if the area is not ready for delivery. Delays caused by the customer requiring storage will be billed at the current monthly pallet rate. In the event bluespace interiors’ personnel remove or assist in removing existing furniture or equipment not provided in this proposal, Customer shall pay for this Service at the current rate and be separately invoiced. The decision to repair or replace any damaged or defective merchandise will be made by bluespace interiors and or the manufacturer.
Acceptance of this proposal indicates acceptance of the above terms and conditions.
Approved by: Name_______________________________ Title_____________ Date: ________________
2840 N. Lima St.Burbank CA 91504(818)333-3160 x 105
Furniture QuotaƟonbluespace interiors
FIRE & MAINTENANCE.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: FIRE & MAINTENANCE
MONTEBELLO CA 90640
11/9/2022
11:29:28AM
LEE ALPERT
Q155156 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
FIRE & MAINT
KPXL5130 Floor Flush Panel - Segmented, 30"
Rail, 51"h x 30"w
3 $291.00 $89.25 $267.7569.331
KEBMS0530 Baseboard Element, Metal, Standard
Width, 5"h x 30"w
3 $106.00 $32.51 $97.5369.332
KESS2430 Acoustic Element, Standard Width,
24"h x 30"w
3 $146.00 $44.78 $134.3469.333
KESS2130 Acoustic Element, Standard Width,
21"h x 30"w
3 $140.00 $42.94 $128.8269.334
KEAFC2930 Laminate Element - Floor Flush,
Corridor Width, 29"h x 30"w
3 $188.00 $57.66 $172.9869.335
KEAC2130 Laminate Element, Corridor Width,
21"h x 30"w
3 $153.00 $46.93 $140.7969.336
KCW51 Panel Wall Adapter, 51"h1 $129.00 $39.56 $39.5669.337 KCCN5190 Two-Way Connector 90 Degree, 51"h1 $231.00 $70.85 $70.8569.338 KTE51 Panel End Trim, 51"h1 $52.00 $15.95 $15.9569.339
KPGAE0930 Panel Add-On Screen - Glass, One
Side Extended, 9"h x 30"w
1 $459.00 $140.78 $140.7869.3310
KPGAE0960 Panel Add-On Screen - Glass, One
Side Extended, 9"h x 60"w
1 $773.00 $237.08 $237.0869.3311
YEPQD120E120APower Qube,Dual - 1 Power/2 USB/0
Data,Desk Edge
3 $492.00 $150.90 $452.7069.3312
YSRB9E2958NRBhiSpace Basic HA FS Comp Table
w/Rect WS,Ext Elec,29"dx58"w,No
3 $3,111.00 $954.14 $2,862.4269.3313
BSSSM183037Storage Mounted Bookcase, 18"d x
30"w x 37"h (1-3/16")
1 $864.00 $336.96 $336.9661.0014
BSSSM183637Storage Mounted Bookcase, 18"d x
36"w x 37"h (1-3/16")
2 $887.00 $345.93 $691.8661.0015
BLGC Rectangular Grommet8 $28.00 $10.92 $87.3661.0016
BMSTR1830 Top for Solid Storage, 18"d x 30"w
(1-3/16")
1 $320.00 $124.80 $124.8061.0017
BMSTR1836 Top for Solid Storage, 18"d x 36"w
(1-3/16")
2 $368.00 $143.52 $287.0461.0018
BHKHA96021 Mid-Height Kneespace Module for
Height-Adjustability, 9"d x 60"w x
1 $1,372.00 $535.08 $535.0861.0019
BMRR23072 Rectangular Desk with Recessed
Modesty - Full Gables, Full Modesty,
1 $1,300.00 $507.00 $507.0061.0020
BSCDSP183628NStorage Cabinet - Solid Doors - Pulls,
18"d x 36"w x 28"h, Door Swing Not
2 $869.00 $338.91 $677.8261.0021
BSLFSP183028Lateral File - Pulls, 18"d x 30"w, Two
Drawers (28")
1 $1,072.00 $418.08 $418.0861.0022
FIRE & MAINTENANCE.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: FIRE & MAINTENANCE
MONTEBELLO CA 90640
11/9/2022
11:29:28AM
LEE ALPERT
Q155156 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
BHMCBK2758SCICross Grain HA Rect WS - Mid-Ht, 27"d
x 58"w, Straight, Center-Rect, Int.
1 $3,470.00 $1,353.30 $1,353.3061.0023
BDJBL02042GLReturn w Pedestal - Box/Box/File, No
Modesty, 20"d x 42"w, Rect. Gromm.,
1 $1,208.00 $471.12 $471.1261.0024
BDJBL02042GRReturn w Pedestal - Box/Box/File, No
Modesty, 20"d x 42"w, Rect. Gromm.,
2 $1,208.00 $471.12 $942.2461.0025
BMZUL1187230GRCredenza w Sgle Lat. File, Full
Modesty, 18"d x 72"w, 30"w Stor.,
1 $1,873.00 $730.47 $730.4761.0026
RAVGL14 Semi-supported Leg - Solid, 14"d,
Laminate
3 $183.00 $71.37 $214.1161.0027
RBSPM18220612Pedestal, Mobile, 18"d x 22"h, Box,
File
1 $683.00 $266.37 $266.3761.0028
WWGB WAVEWORKS,GUSSET BRACKET3 $41.80 $20.90 $62.7050.0029 $12,467.86Sub Total Sell
ZDEL
DSASSEMBLY DELIVERY/INSTALLATION, REGULAR
BUSINESS HOURS
1 $0.00 $2,603.00 $2,603.000.0030
$2,603.00Sub Total Sell
SALES TAX 10.25% $0.00 $1,544.76 $1,544.76
Total Sell: $16,615.62
There are NO refunds, returns, cancellations or exchange privileges on Special Orders. All orders over $7,500.00 require a 50% deposit. Balance due is subject to normal payment terms and based on approved credit. Please review all specifications carefully before ordering and initial each page of this quotation. Some orders may require additional time due to production schedules and may exceed the time quoted. bluespace interiors cannot guarantee delivery from manufacturers by a certain date. A quoted date is an estimate and not a condition of sale. Installation and delivery to be performed during normal business hours unless otherwise quoted. Inside delivery and set up requires the receiving area to be prepared for the furniture installation. It is Customer’s responsibility that the site be clean and free of debris prior to installation. An additional charge will be incurred if the area is not ready for delivery. Delays caused by the customer requiring storage will be billed at the current monthly pallet rate. In the event bluespace interiors’ personnel remove or assist in removing existing furniture or equipment not provided in this proposal, Customer shall pay for this Service at the current rate and be separately invoiced. The decision to repair or replace any damaged or defective merchandise will be made by bluespace interiors and or the manufacturer.
Acceptance of this proposal indicates acceptance of the above terms and conditions.
Approved by: Name_______________________________ Title_____________ Date: ________________
2840 N. Lima St.Burbank CA 91504(818)333-3160 x 105
Furniture QuotaƟonbluespace interiors
MONT-CASH- R2.visual.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: CASH ROOMS
MONTEBELLO CA 90640
11/9/2022
11:33:04AM
LEE ALPERT
Q155283 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
BENCH
79630H3 TechWorks 96"W x 30"D Adjustable
Bench with High Pressure Laminate
1 $4,315.00 $2,465.71 $2,465.7142.861
797H02 TechWorks 20"W x 121/4"D, Pull-out
Writing Shelf
2 $382.00 $218.29 $436.5842.862
PH20SW Box/File Suspended Pedestal, 15"W x
20"D x 21 3/4"H*
2 $784.00 $448.00 $896.0042.863
$3,798.29Sub Total Sell
CART
90-00730 Guard Rail Utility Cart- 70 lbs
capacitiy, 22-3/8W x 37-1/4H x
2 $0.00 $2,614.29 $5,228.580.004
$5,228.58Sub Total Sell
COATS
4202 Nail Head Coat Hook-6 Hook, Silver1 $1,044.00 $596.57 $596.5742.865 $596.57Sub Total Sell
MISC
701H303 TechWorks 36"W x 36"D Adjustable
Bench with High Pressure Laminate
1 $2,262.00 $1,292.57 $1,292.5742.866
$1,292.57Sub Total Sell
STORAGE
9336P-S72L 18"d x 36"w x 72"h, 2 Door, 1 Fixed, 3
Adj Shelves, 9300P SERIES,
1 $777.00 $474.53 $474.5338.937
$474.53Sub Total Sell
ZDEL
DSASSEMBLY DELIVERY/INSTALLATION - REGULAR
BUSINESS HOURS
1 $1,040.00 $1,530.00 $1,530.00-47.118
$1,530.00Sub Total Sell
ZFR
MONT-CASH- R2.visual.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: CASH ROOMS
MONTEBELLO CA 90640
11/9/2022
11:33:04AM
LEE ALPERT
Q155283 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
FREIGHT GLOBAL FREIGHT1 $75.00 $107.14 $107.14-42.869
FREIGHT FREIGHT FOR UTILITY CARTS1 $0.00 $535.00 $535.000.0010 $642.14Sub Total Sell
SALES TAX 10.25% $0.00 $1,390.17 $1,390.17
Total Sell: $14,952.85
There are NO refunds, returns, cancellations or exchange privileges on Special Orders. All orders over $7,500.00 require a 50% deposit. Balance due is subject to normal payment terms and based on approved credit. Please review all specifications carefully before ordering and initial each page of this quotation. Some orders may require additional time due to production schedules and may exceed the time quoted. bluespace interiors cannot guarantee delivery from manufacturers by a certain date. A quoted date is an estimate and not a condition of sale. Installation and delivery to be performed during normal business hours unless otherwise quoted. Inside delivery and set up requires the receiving area to be prepared for the furniture installation. It is Customer’s responsibility that the site be clean and free of debris prior to installation. An additional charge will be incurred if the area is not ready for delivery. Delays caused by the customer requiring storage will be billed at the current monthly pallet rate. In the event bluespace interiors’ personnel remove or assist in removing existing furniture or equipment not provided in this proposal, Customer shall pay for this Service at the current rate and be separately invoiced. The decision to repair or replace any damaged or defective merchandise will be made by bluespace interiors and or the manufacturer.
Acceptance of this proposal indicates acceptance of the above terms and conditions.
Approved by: Name_______________________________ Title_____________ Date: ________________
2840 N. Lima St.Burbank CA 91504(818)333-3160 x 105
Furniture QuotaƟonbluespace interiors
Mont Transit_R9_Adm Asst_Budget- old contract pricing.visual.sp4 Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: ADMIN ASSISTANT
MONTEBELLO CA 90640
909-736-8889
11/10/2022
4:26:12PM
LEE ALPERT
Q156324
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/10/2022Quote Expires:
Admin Asst
ATCSC24 Square Cafe Table, 1 41"h Mono-Pod
Base, 24"
1 $958.00 $409.07 $409.0757.301
KPXL4230 Floor Flush Panel - Segmented, 30"
Rail, 42"h x 30"w
1 $258.00 $79.13 $79.1369.332
KEBMS0530 Baseboard Element, Metal, Standard
Width, 5"h x 30"w
1 $106.00 $32.51 $32.5169.333
KESS2430 Acoustic Element, Standard Width,
24"h x 30"w
1 $146.00 $44.78 $44.7869.334
KESS1230 Acoustic Element, Standard Width,
12"h x 30"w
1 $97.00 $29.75 $29.7569.335
KEAFC2930 Laminate Element - Floor Flush,
Corridor Width, 29"h x 30"w
1 $188.00 $57.66 $57.6669.336
KEAC1230 Laminate Element, Corridor Width,
12"h x 30"w
1 $110.00 $33.74 $33.7469.337
KPXL5130 Floor Flush Panel - Segmented, 30"
Rail, 51"h x 30"w
2 $291.00 $89.25 $178.5069.338
KEBMS0530 Baseboard Element, Metal, Standard
Width, 5"h x 30"w
2 $106.00 $32.51 $65.0269.339
KESS2430 Acoustic Element, Standard Width,
24"h x 30"w
2 $146.00 $44.78 $89.5669.3310
KESS2130 Acoustic Element, Standard Width,
21"h x 30"w
2 $140.00 $42.94 $85.8869.3311
KEAFC2930 Laminate Element - Floor Flush,
Corridor Width, 29"h x 30"w
2 $188.00 $57.66 $115.3269.3312
KEAC2130 Laminate Element, Corridor Width,
21"h x 30"w
2 $153.00 $46.93 $93.8669.3313
KCW51 Panel Wall Adapter, 51"h1 $129.00 $39.56 $39.5669.3314 KTR30 Top Trim, 30"w1 $51.00 $15.64 $15.6469.3315
KCCN4290 Two-Way Connector 90 Degree, 42"h1 $204.00 $62.57 $62.5769.3316 KTE42 Panel End Trim, 42"h1 $50.00 $15.34 $15.3469.3317 KTI09 Intermediate Panel End Trim, 9"h1 $35.00 $10.73 $10.7369.3318 KPGAS1560 Panel Add-On Screen - Glass, Both
Standard, 15"h x 60"w
1 $874.00 $268.06 $268.0669.3319
KWCS1530 Rectangular Countertop, 15" d x 30"
w
1 $388.00 $119.00 $119.0069.3320
KT100 Touch-Up Kit, Bottle with Brush2 $81.00 $24.84 $49.6869.3321 YEPQD120E120APower Qube,Dual - 1 Power/2 USB/0
Data,Desk Edge
1 $492.00 $150.90 $150.9069.3322
Mont Transit_R9_Adm Asst_Budget- old contract pricing.visual.sp4 Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: ADMIN ASSISTANT
MONTEBELLO CA 90640
909-736-8889
11/10/2022
4:26:12PM
LEE ALPERT
Q156324
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/10/2022Quote Expires:
BWGLMS30 Semi-Supported Leg - Solid, 29"h, 30"d
(1-3/16")
1 $274.00 $106.86 $106.8661.0023
BOWTSW5030Wall-Mounted Tackboard - Fabric,
From Worksurface, 50"h, 30"w
1 $129.00 $50.31 $50.3161.0024
BOWTSW5078Wall-Mounted Tackboard - Fabric,
From Worksurface, 50"h, 78"w
1 $267.00 $104.13 $104.1361.0025
BMSTR1824 Top for Solid Storage, 18"d x 24"w
(1-3/16")
1 $293.00 $114.27 $114.2761.0026
BMSTR1830 Top for Solid Storage, 18"d x 30"w
(1-3/16")
1 $320.00 $124.80 $124.8061.0027
BHKFH9902130RMid-Height Kneespace Module for HA
& Fixed Run-Off, 9"d x 90"w x 21"h,
1 $1,638.00 $638.82 $638.8261.0028
BMMRK3057SENFixed Run-Off - Mid-Height, 30"d x
57"w, Straight, End WS - Rect, Non
1 $796.00 $310.44 $310.4461.0029
BSCDSP183028NStorage Cabinet - Solid Doors - Pulls,
18"d x 30"w x 28"h, Door Swing Not
1 $822.00 $320.58 $320.5861.0030
BSLFSP182428Lateral File - Pulls, 18"d x 24"w, Two
Drawers (28")
1 $1,022.00 $398.58 $398.5861.0031
BHMCBK2758SCICross Grain HA Rect WS - Mid-Ht, 27"d
x 58"w, Straight, Center-Rect, Int.
1 $3,470.00 $1,353.30 $1,353.3061.0032
BMZUC91860GLCredenza w Sgle Combo Pedestal,
Wall Access Mod., 18"d x 60"w, Rect.
1 $2,209.00 $861.51 $861.5161.0033
$6,429.86Sub Total Sell
ZDEL
DSASSEMBLY DELIVERY/INSTALLATION - REGULAR
BUSINESS HOURS
1 $0.00 $1,455.00 $1,455.000.0034
$1,455.00Sub Total Sell
Sales Tax 10.25% $0.00 $808.20 $808.20
Total Sell: $8,693.06
Mont Transit_R9_Adm Asst_Budget- old contract pricing.visual.sp4 Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: ADMIN ASSISTANT
MONTEBELLO CA 90640
909-736-8889
11/10/2022
4:26:12PM
LEE ALPERT
Q156324
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/10/2022Quote Expires:
There are NO refunds, returns, cancellations or exchange privileges on Special Orders. All orders over $7,500.00 require a 50% deposit. Balance due is subject to normal payment terms and based on approved credit. Please review all specifications carefully before ordering and initial each page of this quotation. Some orders may require additional time due to production schedules and may exceed the time quoted. bluespace interiors cannot guarantee delivery from manufacturers by a certain date. A quoted date is an estimate and not a condition of sale. Installation and delivery to be performed during normal business hours unless otherwise quoted. Inside delivery and set up requires the receiving area to be prepared for the furniture installation. It is Customer’s responsibility that the site be clean and free of debris prior to installation. An additional charge will be incurred if the area is not ready for delivery. Delays caused by the customer requiring storage will be billed at the current monthly pallet rate. In the event bluespace interiors’ personnel remove or assist in removing existing furniture or equipment not provided in this proposal, Customer shall pay for this Service at the current rate and be separately invoiced. The decision to repair or replace any damaged or defective merchandise will be made by bluespace interiors and or the manufacturer.
Acceptance of this proposal indicates acceptance of the above terms and conditions.
Approved by: Name_______________________________ Title_____________ Date: ________________
2840 N. Lima St.Burbank CA 91504(818)333-3160 x 105
Furniture QuotaƟonbluespace interiors
Mont Transit_R9_CS- old contract pricing.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: CUSTOMER SERVICE
MONTEBELLO CA 90640
909-736-8889
11/10/2022
4:11:09PM
LEE ALPERT
Q156325
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/10/2022Quote Expires:
CS
WWGB WAVEWORKS,GUSSET BRACKET2 $41.80 $25.08 $50.1640.001 RAVGL14 Semi-supported Leg - Solid, 14"d,
Laminate
2 $183.00 $71.37 $142.7461.002
YEEG Rectangular Grommet4 $48.00 $14.72 $58.8869.333
YEPQD120E120APower Qube,Dual - 1 Power/2 USB/0
Data,Desk Edge
2 $492.00 $150.90 $301.8069.334
YSRB9E2970NRBhiSpace Basic HA FS Comp Table
w/Rect WS,Ext Elec,29"dx70"w,No
2 $3,135.00 $961.50 $1,923.0069.335
BDJBC02036GLCross Grain Return w Pedestal -
Box/Box/File, No Modesty, 20"d x
1 $1,184.00 $461.76 $461.7661.006
BDJBC02036GRCross Grain Return w Pedestal -
Box/Box/File, No Modesty, 20"d x
1 $1,184.00 $461.76 $461.7661.007
$3,400.10Sub Total Sell
ZDEL
DSASSEMBLY DELIVERY/INSTALLATION - REGULAR
BUSINESS HOURS
1 $0.00 $925.00 $925.000.008
$925.00Sub Total Sell
Sales Tax 10.25% $0.00 $443.32 $443.32
Total Sell: $4,768.42
Mont Transit_R9_CS- old contract pricing.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: CUSTOMER SERVICE
MONTEBELLO CA 90640
909-736-8889
11/10/2022
4:11:09PM
LEE ALPERT
Q156325
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/10/2022Quote Expires:
There are NO refunds, returns, cancellations or exchange privileges on Special Orders. All orders over $7,500.00 require a 50% deposit. Balance due is subject to normal payment terms and based on approved credit. Please review all specifications carefully before ordering and initial each page of this quotation. Some orders may require additional time due to production schedules and may exceed the time quoted. bluespace interiors cannot guarantee delivery from manufacturers by a certain date. A quoted date is an estimate and not a condition of sale. Installation and delivery to be performed during normal business hours unless otherwise quoted. Inside delivery and set up requires the receiving area to be prepared for the furniture installation. It is Customer’s responsibility that the site be clean and free of debris prior to installation. An additional charge will be incurred if the area is not ready for delivery. Delays caused by the customer requiring storage will be billed at the current monthly pallet rate. In the event bluespace interiors’ personnel remove or assist in removing existing furniture or equipment not provided in this proposal, Customer shall pay for this Service at the current rate and be separately invoiced. The decision to repair or replace any damaged or defective merchandise will be made by bluespace interiors and or the manufacturer.
Acceptance of this proposal indicates acceptance of the above terms and conditions.
Approved by: Name_______________________________ Title_____________ Date: ________________
2840 N. Lima St.Burbank CA 91504(818)333-3160 x 105
Furniture QuotaƟonbluespace interiors
OP CLERICAL.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: OP CLERICAL
MONTEBELLO CA 90640
11/9/2022
11:23:05AM
LEE ALPERT
Q155148 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
OP-CLERICAL
SFVO2060 Storage Top, 20"d x 60"w1 $607.00 $186.17 $186.1769.331 PLDCSFBFF2024DCounter Ht Drwr
Cab-Std,Freestanding,Box/File/File,20
1 $2,360.00 $723.81 $723.8169.332
PLDCSFBFF2030DCounter Ht Drwr
Cab-Std,Freestanding,Box/File/File,20
1 $2,466.00 $756.32 $756.3269.333
YEEG Rectangular Grommet2 $48.00 $14.72 $29.4469.334
YSRB9E2970NRBhiSpace Basic HA FS Comp Table
w/Rect WS,Ext Elec,29"dx70"w,No
2 $3,135.00 $961.50 $1,923.0069.335
YEPQD120E120APower Qube,Dual - 1 Power/2 USB/0
Data,Desk Edge
2 $492.00 $150.90 $301.8069.336
BWSD152430 Standard Wall Cabinet - Solid Doors,
15"d x 24"w x 30"h
1 $999.00 $389.61 $389.6161.007
BWSD153030 Standard Wall Cabinet - Solid Doors,
15"d x 30"w x 30"h
1 $1,073.00 $418.47 $418.4761.008
BSPSSP1828B Pedestal - Pulls, 18"d x 28"h,
Box/Box/File
1 $934.00 $364.26 $364.2661.009
BMJLL0206636NRReturn w Lat. File, No Modesty, 20"d
x 66"w, 36"w Stor., No Grommet,
1 $1,796.00 $700.44 $700.4461.0010
RBSPM22220612Pedestal, Mobile, 22"d x 22"h, Box,
File
1 $718.00 $280.02 $280.0261.0011
$6,073.34Sub Total Sell
ZDEL
DSASSEMBLY DELIVERY/INSTALLATION1 $0.00 $1,089.00 $1,089.000.0012 $1,089.00Sub Total Sell
SALES TAX 10.25% $0.00 $734.14 $734.14
Total Sell: $7,896.48
OP CLERICAL.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: OP CLERICAL
MONTEBELLO CA 90640
11/9/2022
11:23:05AM
LEE ALPERT
Q155148 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
There are NO refunds, returns, cancellations or exchange privileges on Special Orders. All orders over $7,500.00 require a 50% deposit. Balance due is subject to normal payment terms and based on approved credit. Please review all specifications carefully before ordering and initial each page of this quotation. Some orders may require additional time due to production schedules and may exceed the time quoted. bluespace interiors cannot guarantee delivery from manufacturers by a certain date. A quoted date is an estimate and not a condition of sale. Installation and delivery to be performed during normal business hours unless otherwise quoted. Inside delivery and set up requires the receiving area to be prepared for the furniture installation. It is Customer’s responsibility that the site be clean and free of debris prior to installation. An additional charge will be incurred if the area is not ready for delivery. Delays caused by the customer requiring storage will be billed at the current monthly pallet rate. In the event bluespace interiors’ personnel remove or assist in removing existing furniture or equipment not provided in this proposal, Customer shall pay for this Service at the current rate and be separately invoiced. The decision to repair or replace any damaged or defective merchandise will be made by bluespace interiors and or the manufacturer.
Acceptance of this proposal indicates acceptance of the above terms and conditions.
Approved by: Name_______________________________ Title_____________ Date: ________________
2840 N. Lima St.Burbank CA 91504(818)333-3160 x 105
Furniture QuotaƟonbluespace interiors
WAREHOUSE.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: WAREHOUSE
MONTEBELLO CA 90640
11/9/2022
11:24:55AM
LEE ALPERT
Q155149 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
WAREHOUSE
LPWNBF2215D1AMobile Pedestal, Box, File, 22"d x
15"w, Metal Front, Full Pull
4 $986.00 $302.41 $1,209.6469.331
LSC31C1830D1AStorage Cabinet, Three-High, 2
Shelves, Combo, 18"d x 30"w, Metal
2 $1,655.00 $507.59 $1,015.1869.332
LLF30C1830D1ALat
File,Three-High,Combo,18"dx30"w,Me
1 $2,278.00 $698.66 $698.6669.333
SFVO1830 Storage Top, 18"d x 30"w1 $345.00 $105.81 $105.8169.334 SFVO1860 Storage Top, 18"d x 60"w1 $563.00 $172.67 $172.6769.335 YEEG Rectangular Grommet8 $48.00 $14.72 $117.7669.336
YSRB9E2970NRBhiSpace Basic HA FS Comp Table
w/Rect WS,Ext Elec,29"dx70"w,No
4 $3,135.00 $961.50 $3,846.0069.337
YEPQD120E120APower Qube,Dual - 1 Power/2 USB/0
Data,Desk Edge
4 $492.00 $150.90 $603.6069.338
$7,769.32Sub Total Sell
ZDEL
DSASSEMBLY DELIVERY/INSTALLATION1 $0.00 $1,133.00 $1,133.000.009 $1,133.00Sub Total Sell
SALES TAX 10.25% $0.00 $912.49 $912.49
Total Sell: $9,814.81
WAREHOUSE.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: WAREHOUSE
MONTEBELLO CA 90640
11/9/2022
11:24:55AM
LEE ALPERT
Q155149 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
There are NO refunds, returns, cancellations or exchange privileges on Special Orders. All orders over $7,500.00 require a 50% deposit. Balance due is subject to normal payment terms and based on approved credit. Please review all specifications carefully before ordering and initial each page of this quotation. Some orders may require additional time due to production schedules and may exceed the time quoted. bluespace interiors cannot guarantee delivery from manufacturers by a certain date. A quoted date is an estimate and not a condition of sale. Installation and delivery to be performed during normal business hours unless otherwise quoted. Inside delivery and set up requires the receiving area to be prepared for the furniture installation. It is Customer’s responsibility that the site be clean and free of debris prior to installation. An additional charge will be incurred if the area is not ready for delivery. Delays caused by the customer requiring storage will be billed at the current monthly pallet rate. In the event bluespace interiors’ personnel remove or assist in removing existing furniture or equipment not provided in this proposal, Customer shall pay for this Service at the current rate and be separately invoiced. The decision to repair or replace any damaged or defective merchandise will be made by bluespace interiors and or the manufacturer.
Acceptance of this proposal indicates acceptance of the above terms and conditions.
Approved by: Name_______________________________ Title_____________ Date: ________________
2840 N. Lima St.Burbank CA 91504(818)333-3160 x 105
Furniture QuotaƟonbluespace interiors
MAINTENANCE.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: MAINTENANCE
MONTEBELLO CA 90640
11/9/2022
11:21:40AM
LEE ALPERT
Q155151 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
MAINTENANCE
UNRC48 Worksurface Reinforcement Channel,
48"w
2 $35.00 $10.73 $21.4669.331
KWSQN2460 Rectangle Worksurface (D-Style),
without Scallop, 24"d x 60"w
2 $639.00 $195.98 $391.9669.332
YEEG Rectangular Grommet4 $48.00 $14.72 $58.8869.333
YSRB9E2958NRBhiSpace Basic HA FS Comp Table
w/Rect WS,Ext Elec,29"dx58"w,No
2 $3,111.00 $954.14 $1,908.2869.334
YEPQD120E120APower Qube,Dual - 1 Power/2 USB/0
Data,Desk Edge
2 $492.00 $150.90 $301.8069.335
JNSEFWW104254
S
Fabric Elev Screen - WS-Mount,
Worksurface Only, 10" from Floor,
2 $1,036.00 $404.04 $808.0861.006
BWWOS24 Frame Leg - Open, 29"h, 24"d2 $455.00 $177.45 $354.9061.007 BDSTR1872 Top for Solid Storage, 18"d x 72"w
(1"WS)
1 $582.00 $226.98 $226.9861.008
BSCDSP183640NStorage Cabinet - Solid Doors - Pulls,
18"d x 36"w x 40"h, Door Swing Not
1 $1,199.00 $467.61 $467.6161.009
BSLFSP183640Lateral File - Pulls, 18"d x 36"w, Three
Drawers (40")
1 $1,821.00 $710.19 $710.1961.0010
RBAT24426612LFreestanding Tower with Lateral
Access and Drawers, 24"d x 42"h,
1 $1,166.00 $454.74 $454.7461.0011
RBAT24426612RFreestanding Tower with Lateral
Access and Drawers, 24"d x 42"h,
1 $1,166.00 $454.74 $454.7461.0012
$6,159.62Sub Total Sell
ZDEL
DSASSEMBLY DELIVERY/INSTALLATION1 $0.00 $1,118.00 $1,118.000.0013 $1,118.00Sub Total Sell
SALES TAX 10.25% $0.00 $745.96 $745.96
Total Sell: $8,023.58
MAINTENANCE.sp4
Tammy Sparks
JAMES COINER
CITY OF MONTEBELLO - TRANSIT DEPT
400 S. TAYLOR AVE.
TAG: MAINTENANCE
MONTEBELLO CA 90640
11/9/2022
11:21:40AM
LEE ALPERT
Q155151 - R1
Part DescriptionQty
Prepared For:
List Extended Sell
Prep. by:
Quote #
Sold By:
Line# SellDiscountPart #
12/30/2022Quote Expires:
There are NO refunds, returns, cancellations or exchange privileges on Special Orders. All orders over $7,500.00 require a 50% deposit. Balance due is subject to normal payment terms and based on approved credit. Please review all specifications carefully before ordering and initial each page of this quotation. Some orders may require additional time due to production schedules and may exceed the time quoted. bluespace interiors cannot guarantee delivery from manufacturers by a certain date. A quoted date is an estimate and not a condition of sale. Installation and delivery to be performed during normal business hours unless otherwise quoted. Inside delivery and set up requires the receiving area to be prepared for the furniture installation. It is Customer’s responsibility that the site be clean and free of debris prior to installation. An additional charge will be incurred if the area is not ready for delivery. Delays caused by the customer requiring storage will be billed at the current monthly pallet rate. In the event bluespace interiors’ personnel remove or assist in removing existing furniture or equipment not provided in this proposal, Customer shall pay for this Service at the current rate and be separately invoiced. The decision to repair or replace any damaged or defective merchandise will be made by bluespace interiors and or the manufacturer.
Acceptance of this proposal indicates acceptance of the above terms and conditions.
Approved by: Name_______________________________ Title_____________ Date: ________________
EXHIBIT “C”
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW
REQUIREMENTS
1. This Agreement may call for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, CONTRACTOR acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, CONTRACTOR shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 of this Exhibit, above.
3. CONTRACTOR shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
CONTRACTOR shall not perform work with any Sub-CONTRACTOR that is not registered with DIR pursuant to Section 1725.5. CONTRACTOR and Sub- CONTRACTORs shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the CONTRACTOR or any Sub-CONTRACTOR ceases to be registered with DIR at any time during the duration of the project, CONTRACTOR shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, CONTRACTOR’s Services are subject to compliance monitoring and enforcement by DIR. CONTRACTOR shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. CONTRACTOR acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONTRACTOR shall post such rates at each job site covered by this Agreement.
6. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The CONTRACTOR shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by CONTRACTOR or by any Sub-CONTRACTOR.
7. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1776, which requires CONTRACTOR and each Sub-CONTRACTOR to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
8. CONTRACTOR shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects.
CONTRACTOR shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, CONTRACTOR shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, CONTRACTOR, and each of its Sub- CONTRACTORs shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The CONTRACTOR shall not perform Work with any Sub-CONTRACTOR that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of CONTRACTORs from public works. The CONTRACTOR and Sub-CONTRACTORs shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of CONTRACTORs from public works. If the CONTRACTOR or any Sub- CONTRACTOR becomes debarred or suspended during the duration of the project, the CONTRACTOR shall immediately notify City.
10. CONTRACTOR acknowledges that eight hours labor constitutes a legal day’s work. CONTRACTOR shall comply with and be bound by Labor Code Section 1810.
CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The CONTRACTOR shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the CONTRACTOR or by any Sub- CONTRACTOR for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of CONTRACTOR in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
12. For every Sub-CONTRACTOR who will perform work on the project, CONTRACTOR shall be responsible for such Sub-CONTRACTOR’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and CONTRACTOR shall include in the written contract between it and each Sub-CONTRACTOR a copy of those statutory provisions and a requirement that each Sub-CONTRACTOR shall comply with those statutory provisions. CONTRACTOR shall be required to take all actions necessary to enforce such contractual provisions and ensure Sub- CONTRACTOR’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Sub-CONTRACTOR and upon becoming
aware of the failure of the Sub-CONTRACTOR to pay his or her workers the specified prevailing rate of wages. CONTRACTOR shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend (at CONTRACTOR’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent CONTRACTORs serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONTRACTOR, its Sub-CONTRACTORs, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of CONTRACTOR under this Section shall survive the termination of the Agreement.
[END OF EXHIBIT “C”]
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4058
WITH MOHAWK COMMERCIAL, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on December 14, 2022 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and MOHAWK COMMERCIAL, INC. (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to “piggyback” on an existing contract, as amended, between CONTRACTOR and California Multiple Award Schedule (CMAS), pursuant to CMAS Contract No. 4-20-00-0085C “To provide for the purchase, warranty and installation of flooring covering products, and executed on February 11, 2020 (hereinafter “CMAS Contract No. 4-20-00-0085C”); and
WHEREAS, the CITY desires to retain a qualified professional CONTRACTOR to provide upgraded office workspace flooring for the Transportation Department; and
WHEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, the CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and
WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
1. This Agreement and its Exhibits.
2. CMAS Contract No. 4-20-00-0085C, attached hereto as Exhibit “A”.
3. CONTRACTOR’S Scope of Services and Associated Cost Proposal dated November 14, 2022, attached hereto as Exhibit “B”.
PROFESSIONAL SERVICES AGREEMENT NO. 4058
4. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
A. The CONTRACTOR shall provide to the CITY those services that are set forth fully in Contractor’s Proposal, attached hereto as Exhibit “A and B” and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. The CONTRACTOR shall complete the Scope of Services in a timely manner, and in accordance with an agreed-upon work schedule to be determined by the Parties.
C. CONTRACTOR shall be compensated at a sum not-to-exceed Forty- Nine Thousand, and Ninety-Nine Dollars ($49,099) plus a five percent (5%) contingency sum, for a grand total not-to-exceed sum Fifty- One Thousand, Five Hundred and Fifty-Four Dollars ($51,554) (the “Maximum Compensation”) for the performance of the Scope of Services as set forth in Exhibit “B”. CONTRACTOR shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONTRACTOR shall not incur fees or costs which exceed the initial Annual Compensation without the prior written consent of the CITY.
D. The CITY will be invoiced upon completion of the Scope of Services set forth herein. Payment in full of an invoice must be received by the CONTRACTOR within thirty (30) days of the date of such invoice.
E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute.
The CITY shall pay undisputed amounts as provided for in the preceding paragraph.
SECTION 3. TERM.
This Agreement shall commence on December 14, 2022, and shall terminate upon completion of the Professional Services; provided such shall be on or before May 31, 2023 (“Date of Completion”), unless such deadline is extended in writing by a further agreement between the Parties or the Agreement is terminated sooner as provided in Section 8 herein. .
SECTION 4. PERFORMANCE.
a. The CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.
b. The CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.
PROFESSIONAL SERVICES AGREEMENT NO. 4058
c. The CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONTRACTOR shall have the right to retain, subject to t h e CITY's approval, additional individuals, contractors or subcontractors to assist in the completion of services as herein defined. Compensation for additional individuals, contractors or subcontractors shall be the sole and exclusive responsibility of the CONTRACTOR.
e. The CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
SECTION 5. WORK PRODUCT.
a. The CONTRACTOR hereby agrees that all no n- p r op r iet ar y work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONTRACTOR may take and retain copies of such written p roducts as desired, but no such written products shall be the subject of a copyright application by the CONTRACTOR.
b. All data, documents, discussion, or other information developed or received by the CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONTRACTOR without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONTRACTOR agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and shall be the CITY’s agent with respect to obtaining the CONTRACTOR’s compliance hereunder.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
PROFESSIONAL SERVICES AGREEMENT NO. 4058
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONTRACTOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONTRACTOR. The CONTRACTOR and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.
In the event of a termination for cause, the CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (10) business days’ written notice to the CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non- refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that t h e CONTRACTOR provides the CITY with adequate proof that the CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONTRACTOR during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which may become due to the CONTRACTOR.
SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the
PROFESSIONAL SERVICES AGREEMENT NO. 4058
CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to t he CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’s subcontractors for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to t he CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to t he CONTRACTOR. The CITY shall have no responsibility to provide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONTRACTOR. If this Agreement remains in place, the CONTRACTOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONTRACTOR or any employee, agent, or subcontractor of the CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of t h e CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by t h e CITY, including but not limited to eligibility to enroll in PERS as an employee of the
PROFESSIONAL SERVICES AGREEMENT NO. 4058
CITY and entitlement to any contribution to be paid by t h e CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of t h e CONTRACTOR’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Business Automobile Liability Insurance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
Professional Liability insurance appropriate to the CONTRACTOR’S profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONTRACTOR maintains higher limits than the minimums shown
PROFESSIONAL SERVICES AGREEMENT NO. 4058
above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.
c. The CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
h. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
i. The CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. j. The general l i a b i l i t y a n d a u t o m o b i l e p o l i c i e s o f insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to
PROFESSIONAL SERVICES AGREEMENT NO. 4058
the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. The insurance provided by the CONTRACTOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
l. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY.
m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
n. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONTRACTOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.
Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or
PROFESSIONAL SERVICES AGREEMENT NO. 4058
misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or
PROFESSIONAL SERVICES AGREEMENT NO. 4058
counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
With a copy to: City of Montebello – Montebello Bus Lines Attn: Adrianna Kendricks, Director of Transportation
400 South Taylor Avenue
Montebello, CA 90640
(323) 558 -1625 x 201
(323) 887- 4643 (Fax)
[email protected]
If to Contractor: Mohawk Commercial, Inc
Attn: Mike Gallman, President
160 South Industrial Blvd
Calhoun, GA 30701
(706) 278–8000
[email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
PROFESSIONAL SERVICES AGREEMENT NO. 4058
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONTRACTOR will take affirmative action to ensure that sub- contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONTRACTOR. The CONTRACTOR's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the CITY and the CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4058
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
(“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO MOHAWK COMMERCIAL, INC
René Bobadilla, City Manager Mike Gallman, President
Date: ___________ Date: ____________
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS
Exhibit A – CMAS Contract No. 4-20-00-0085C
Exhibit B – Contractor’s Scope of Services Services and Associated Cost
Exhibit C - Terms for Compliance with California Labor Law Requirements
Exihit “A”
CMAS Contract No. 4-20-00-0085C
Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
Mohawk Commercial, Inc.
Categories Descriptions
CMAS NUMBER: 4-20-00-0085C
AMENDMENT NUMBER: N/A
CMAS TERM DATES: 2/11/2020 through 10/11/2023
CMAS CATEGORY: Non Information Technology Commodities
APPLICABLE
TERMS & CONDITIONS:
December 1, 2017
(www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/
CMAS/Non-IT-Commodities-CMAS-Terms-and-
Conditions.ashx?la=en&hash=9AD54FF697C740F342
E8B9B5BDEEDFC263632CB3)
FOR USE BY: State & Local Government Agencies
BASE SCHEDULE #: 080819-MCD
BASE SCHEDULE HOLDER: Mohawk Carpet Distribution, Inc.
This CMAS provides for the purchase, warranty and installation of floor covering products.
Original Signature on File Effective Date: 2/11/2020
JANNA WELK, Program Analyst, California Multiple Award Schedules Unit
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
MOHAWK COMMERCIAL, INC.
CMAS NO. 4-20-00-0085C
Ordering Instructions and Special Provisions 2
NOTICE: Products and/or services on this CMAS may be available on a Mandatory Statewide Contracts. If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the Statewide Contract User Instructions.
Information regarding Statewide Contracts can be obtained at the: Statewide Contract Index Listing (www.documents.dgs.ca.gov/pd/contracts/contractindexlisting.pdf). This requirement is not applicable to local government entities.
The services provided under this CMAS are only in support of the products covered by this CMAS.
CMAS RESTRICTION FOR CARPET PURCHASES
The Department of General Services’ Office of Sustainability has determined that all carpet purchased by state agencies be made at the ANSI/NSF-140 Platinum level. The Governor’s Executive Order B-18-12 Ordered that the State agencies purchase and use environmentally preferable products that have a lesser or reduced effect on human health and the environment. Carpet that is 3rd party certified to ANSI/NSF-140 Platinum level meets the requirement.
IMPORTANT NOTE TO ALL USERS OF THIS MULTIPLE AWARD SCHEDULE A contract for the purchase and installation of carpet is a public works contract as defined in Section 1101 of the Public Contract Code and, as such, requires certain special conditions.
Prior to placing an order against this multiple award schedule, read Attachment C entitled “INFORMATION REGARDING THE PURCHASE AND INSTALLATION OF CARPET AND OTHER FLOOR COVERINGS” to ensure your agency understands the special conditions involving public works contracts. If your agency does not have staff with expertise involving public works contracts, it is recommended that you seek interagency assistance or consider not using this multiple award schedule.
The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies under this CMAS shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions dated December 1, 2017.
Agency non-compliance with the requirements of this CMAS may result in the loss of delegated authority to use the CMAS program.
CMAS contractor non-compliance with the requirements of this CMAS may result in termination of the CMAS.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
MOHAWK COMMERCIAL, INC.
CMAS NO. 4-20-00-0085C
Ordering Instructions and Special Provisions 3
CMAS PRODUCT & SERVICE CODES
The CMAS Product & Service Codes listed
below are for marketing purposes only.
Review this CMAS and the base contract
identified below for the products and/or
services available on this CMAS.
Brand-Bigelow Commercial
Brand-Karastan
Brand-Lees Carpet
Brand-Mohawk
Brand-Mohawk Carpet
Floor Cov-Broadloom Carpet
Floor Cov-Carpet Recycled
Floor Cov-Hardwood
Floor Cov-Modular Carpet Tile
Floor Cov-Rubber Sheeting/Tile
Floor Cov-Vinyl Sheeting/Tile
AVAILABLE PRODUCTS AND/OR
SERVICES
The ordering agency must verify all products,
services and pricing are currently available on
the base Sourcewell schedule. Access the
Sourcewell schedule contract documents and
pricing at https://www.sourcewell-
mn.gov/cooperative-purchasing/080819-
mcd#tab-contract-documents.
CMAS BASE CONTRACT
This CMAS is based on some or all of the
products and/or services and prices from
Sourcewell Schedule Number 080819-MCD
(MOHAWK CARPET DISTRIBUTION, INC.)
with a GSA term of 10/16/2019 through
10/11/2023.
ISSUE PURCHASE ORDER TO
Agency purchase orders must be either
mailed or emailed to the following:
Mohawk Commercial, Inc.
160 South Industrial Blvd.
Calhoun, GA 30701
Attn: Tammy Land
E-mail: [email protected]
Agencies with questions regarding products
and/or services may contact the CMAS
contractor as follows:
Contact: Lacreta Hackney
Phone: ( 706) 624-2187
E-mail:
[email protected]
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code
(PCC) § 10295.4, and prior to placing an
order for either non-IT goods and/or services,
or IT goods and/or services, agencies must
verify with the Franchise Tax Board and the
California Department of Tax and Fee
Administration that this CMAS contractor’s
name does not appear on either list of the 500
largest tax delinquencies pursuant to Section
7063 or 19195 of the Revenue and Taxation
Code. See next paragraph for information.
The Franchise Tax Board’s list of Top 500
Delinquent Taxpayers is available at
www.ftb.ca.gov/aboutftb/delinquent-
taxpayers.shtml.
The California Department of Tax and Fee
Administration’s list of Top 500 Sales & Use
Tax Delinquencies in California is available at
www.cdtfa.ca.gov/taxes-and-fees/top500.htm.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
MOHAWK COMMERCIAL, INC.
CMAS NO. 4-20-00-0085C
Ordering Instructions and Special Provisions 4
CALIFORNIA SELLER’S PERMIT
Mohawk Commercial, Inc.’s California Seller’s
Permit Number is 100606748. Prior to placing
an order with this company, agencies must
verify that this permit is still valid at the
California Department of Tax and Fee
Administration website (cdtfa.ca.gov).
CMAS PRICES
The maximum prices allowed for the products
and/or services available in this CMAS are
those set forth in the base contract identified
on page 3 of this CMAS.
The ordering agency is encouraged to seek
prices lower than those on this CMAS. When
responding to an agency’s Request for Offer
(RFO), the CMAS contractor can offer lower
prices to be competitive.
DARFUR CONTRACTING ACT
This CMAS contractor has certified
compliance to the Darfur Contracting Act, per
Public Contract Code (PCC) § 10475, et seq.
It is the agency’s responsibility to verify that
the contractor has a Darfur Contracting Act
Certification on file.
When issuing an order to an authorized
reseller listed on a CMAS, it is the agency’s
responsibility to ensure that the reseller
provides a Darfur Contracting Act
Certification.
CALIFORNIA CIVIL RIGHTS LAW
CERTIFICATION
Pursuant to Public Contract Code section
2010, effective January 1, 2017, applicants
must certify their compliance with the
California Civil Rights laws and Employer
Discriminatory Policies (section 51 of the Civil
Code, section 12960 of the Government
Code). It is the agency’s responsibility to
verify that the contractor has a California Civil
Rights Law Certification on file.
When issuing an order to an authorized
reseller listed on a CMAS, it is the agency’s
responsibility to ensure that the reseller
provides a California Civil Rights Law
Certification.
WARRANTY
For warranties, see the federal GSA schedule
and the CMAS Terms and Conditions,
General Provisions, CMAS Warranty.
DELIVERY
10 Day Delivery for Soft Surface up to 2,500
YDS
10 Day Delivery for Hard Surface up to 20,000
FT
All other delivery is 35 Days days after receipt
of order, or as negotiated between agency
and CMAS contractor and included in the
purchase order, or as otherwise stipulated in
the contract.
SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Destination. Seller
pays the freight charges.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
MOHAWK COMMERCIAL, INC.
CMAS NO. 4-20-00-0085C
Ordering Instructions and Special Provisions 5
PURCHASING AUTHORITY DOLLAR
THRESHOLD
Order limits for the purchase of goods and/or
services is determined by the individual
agency purchasing authority threshold.
No CMAS order may be executed by a State
agency that exceeds that agency’s purchasing
authority threshold. State agencies with
approved purchasing authority, along with
their dollar thresholds can be obtained at the
List of State Departments with Approved
Purchasing Authority website
(www.dgs.ca.gov/PD/Resources/Page-
Content/Procurement-Division-Resources-
List-Folder/List-of-State-Departments-with-
Approved-Purchasing-Authority).
HOW TO USE CMAS
Agencies must adhere to the detailed
requirements in the State Contracting Manual
(SCM) when using CMAS. The requirements
for the following bullets are in the SCM,
Volume 2, Chapter 6 (for non-IT), the SCM,
Volume 3, Chapter 6 (for IT), and the SCM,
Volume FISCAL, Chapter 5 (FISCAL):
Develop a Request for Offer, which
includes a Scope of Work (SOW), and
Bidder Declaration form. For information
on the Bidder Declaration requirements,
see the SCM, Volume 2, Section 3.5.7
and Volume 3, Section 3.4.7.
Search for potential CMAS contractors on
the CMAS website
(www.dgs.ca.gov/PD/About/Page-
Content/PD-Branch-Intro-Accordion-
List/Acquisitions/California-Multiple-
Award-Schedules) and select “Find a
CMAS Contractor.”
Solicit offers from a minimum of 3 CMAS
contractors including one small business
and/or DVBE, if available, who are
authorized to sell the products and/or
services needed.
If soliciting offers from a certified DVBE,
include the Disabled Veteran Business
Enterprise Declarations form (Standard
843) in the Request for Offer. This
declaration must be completed and
returned by the DVBE prime contractor
and/or any DVBE subcontractors. (See
the SCM Volumes 2, 3, and FISCAL,
Chapter 3).
This is not a bid transaction, so the smal l
business preference, DVBE incentives,
protest language, intents to award,
evaluation criteria, advertising, etc., are
not applicable.
If less than 3 offers are received, State
agencies must document their file with the
reasons why the other suppliers solicited
did not respond with an offer.
Assess the offers received using best
value methodology, with cost as one of
the criteria.
Issue a Purchase Order to the selected
CMAS contractor.
For CMAS transactions under $10,000,
only one offer is required if the State
agency can establish and document that
the price is fair and reasonable. The fair
and reasonable method can only be used
for non-customizable purchases.
Local governments set their own order limits,
and are not bound by the order limits on the
cover page of this CMAS.
SPLITTING ORDERS
Splitting orders to avoid any monetary
limitations is prohibited.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
MOHAWK COMMERCIAL, INC.
CMAS NO. 4-20-00-0085C
Ordering Instructions and Special Provisions 6
Do not circumvent normal procurement
methods by splitting purchases into a series of
delegated purchase orders, per Public
Contract Code (PCC) § 10329.
Splitting a project into small projects to avoid
either fiscal or procedural controls is
prohibited, per State Administrative Manual
(SAM) § 4819.34.
MINIMUM ORDER LIMITATION
The minimum dollar value of an order to be
issued under this CMAS is $100.
ORDERING PROCEDURES
1. Purchase Orders
All Ordering Agency purchase order
documents executed under this CMAS
must contain the applicable CMAS number
as show on page 1.
1. State Departments:
Standard 65 Purchase Documents –
State departments not transacting in
FI$Cal must use the Purchasing
Authority Purchase Order (Standard 65)
for purchase execution. An electronic
version of the Standard 65 is available
at the DGS-PD website
(www.dgsapps.dgs.ca.gov/osp/Statewid
eFormsWeb/Forms.aspx), select
Standard STD Forms.
FISCAL Purchase Documents – State
departments transacting in FISCAL will
follow the FISCAL procurement and
contracting procedures.
2. Local Governmental Departments:
Local governmental agencies may use
their own purchase document for
purchase execution.
The agency is required to complete and
distribute the purchase order. For services,
the agency shall modify the information
contained on the order to include the
service period (start and end date), and
the monthly cost (or other intermittent
cost), and any other information pertinent
to the services being provided. The cost
for each line item should be included in the
order, not just system totals.
The contractor must immediately reject
purchase orders that are not accurate.
Discrepancies are to be negotiated and
incorporated into the purchase order prior
to the products and services being
delivered.
2. Service and Delivery after CMAS
Expiration
The purchase order must be issued before
the CMAS expires. However, delivery of
the products or completion of the services
may be after the CMAS expires (unless
otherwise specifically stated in the
purchase order).
3. Multiple CMAS Agreements on a Single
Purchase Order
Agencies wishing to include multiple
CMAS(s) on a single FISCAL purchase
order must adhere to the following
guidelines:
• All CMAS must be for the same CMAS
contractor.
• The purchase order must go to one
contractor location.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
MOHAWK COMMERCIAL, INC.
CMAS NO. 4-20-00-0085C
Ordering Instructions and Special Provisions 7
• Write the word “CMAS” in the space
usually reserved for the contract
number. On Standard 65’s, this is at the
top of the form. The word “CMAS”
signifies that the purchase order
contains items from multiple CMAS
agreements. The purchasing agency
may only use one bill code.
• For each individual CMAS (as
differentiated by alpha suffix), the
agency must identify and group together
the CMAS number with the line items
and subtotal per CMAS number (do not
include tax in the subtotal), and
sequentially identify each individual
CMAS as Sub #1, Sub #2, Sub #3, etc.
This facilitates accurate billing of
administrative fees by the Procurement
Division.
• The total of all items on the purchase
order must not exceed the purchase
order limit identified in the CMAS.
• Do not combine items from both non-IT
and Information Technology CMAS(s).
A non-IT CMAS begin with the number
“4” and an Information Technology
CMAS begins with the number “3.” The
purchase order limits are different for
these two types of CMAS agreements.
4. Amendments to Agency's Purchase
Orders
Agency purchase orders cannot be
amended if the CMAS has expired.
The SCM, Volumes 2 & 3, Chapter 6.A5.0
and SCM, Volume FISCAL, Chapter
5.A4.0 provides the following direction
regarding amendments to all types of
CMAS purchase orders:
Original orders, which include options for
changes (e.g., quantity or time), that
were evaluated and considered in the
selection for award during the RFO
process, may be amended consistent
with the terms of the original order,
provided that the original order allowed
for amendments. If the original order did
not evaluate options, then amendments
are not allowed unless an NCB is
approved for those amendments.
Amendments unique to non-IT services
are covered in the SCM, Volume 2,
Chapter 6.B2.9 and SCM, Volume
FISCAL, Chapter 5.A4.1 as follows:
If the original contract permitted
amendments, but did not specify the
changes (e.g., quantity or time), it may
be amended, per Public Contract Code
(PCC) § 10335 (d)(1). This only applies
to the first amendment. The time shall
not exceed one year, or add not more
than 30% of the original order value and
may not exceed $250,000. If the original
contract did not have language
permitting amendments, the NCB
process must be followed.
Also, see the SCM, Volumes 2 & 3,
Chapter 8, Topic 6, for more information
on amending purchase orders.
CMAS CONTRACTOR OWNERSHIP
INFORMATION
Mohawk Commercial, Inc. is a large business
enterprise.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
MOHAWK COMMERCIAL, INC.
CMAS NO. 4-20-00-0085C
Ordering Instructions and Special Provisions 8
SMALL BUSINESS MUST BE
CONSIDERED
Prior to placing orders under the CMAS
program, State agencies shall whenever
practicable first consider offers from small
businesses that have established CMAS
[Government Code (GC) § 14846(b)]. NOTE:
The Department of General Services auditors
will request substantiation of compliance with
this requirement when agency files are
reviewed.
CMAS Small Business and Disabled Veteran
Partners lists
(www.dgs.ca.gov/PD/About/Page-
Content/PD-Branch-Intro-Accordion-
List/Acquisitions/California-Multiple-Award-
Schedules) can be found on the CMAS
website by selecting “Find a CMAS
Contractor”.
In response to our commitment to increase
participation by small businesses, the
Department of General Services waives the
administrative fee (a fee currently charged to
customer agencies to support the CMAS
program) for orders to certified small business
enterprises.
See the current fees in the DGS Price Book
at: www.dgs.ca.gov/OFS/Price-Book.
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim
subcontracting dollars towards their small
business or DVBE goals whenever the CMAS
contractor subcontracts a commercially useful
function to a certified small business or DVBE.
The CMAS 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 -
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 CMAS contractor to each small
business or DVBE.
2. The CMAS contractor will provide an
ordering agency with the following
information at the time the order is
quoted:
a. The CMAS contractor will state that,
as the prime contractor, it shall be
responsible for the overall execution of
the fulfillment of the order.
b. The CMAS contractor will indicate to
the ordering agency how the order
meets the small business or DVBE
goal, as follows:
i. List the name of each company
that is certified by the Office of
Small Business and DVBE
Services that it intends to
subcontract a commercially useful
function to; and
ii. Include the small business or
DVBE certification number of each
company listed, and attach a copy
of each certification; and
iii. Indicate the dollar amount of each
subcontract with a small business
or DVBE that may be claimed by
the ordering agency towards the
small business or DVBE goal; and
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
MOHAWK COMMERCIAL, INC.
CMAS NO. 4-20-00-0085C
Ordering Instructions and Special Provisions 9
iv. Indicate what commercially useful
function the small business or
DVBE subcontractor will be
providing towards fulfillment of the
order.
3. The ordering agency’s purchase order
must be addressed to the prime
Contractor, and the purchase order must
reference the information provided by the
prime Contractor as outlined above.
NEW EQUIPMENT REQUIRED
The State will procure new equipment. All
equipment must be new (or warranted as
newly manufactured) and the latest model in
current production. Used, shopworn,
demonstrator, prototype, or discontinued
models are not acceptable.
Where Federal Energy Management Program
(FEMP) standards are available, all State
agencies shall purchase only those products
that meet the recommended standards. All
products displaying the Energy Star label
meet the FEMP standards.
SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by
the CMAS contractor specifically for the State
and not suitable for sale to others may require
progress payments.
For Non-IT goods CMAS, see the CMAS Non-
IT Commodities Terms and Conditions,
Provision 69, Progress Payments.
PRODUCT INSTALLATION
The CMAS contractor is fully responsible for all
installation services performed under the
CMAS. Product installations must be
performed by manufacturer authorized
personnel and meet manufacturer documented
specifications.
The prime contractor, as well as any
subcontractors, must hold any certifications
and/or licenses required for the project.
TRADE-IN EQUIPMENT
Trade-ins at open market price may be
considered. The product description and
trade-in allowance must be identified on the
purchase order.
Agencies are required to adhere to State
Administrative Manual (SAM) § 3520 through
3520.6, Disposal of Personal Property and
Surplus Personal Property, as applicable,
when trade-ins are considered. A Property
Survey Report, Standard 152, must be
submitted for approval prior to disposition of
any State-owned personal property, including
general office furniture regardless of the
acquisition value, or if the property was
recorded or capitalized for accounting
purposes.
STATE AGENCY BUY RECYCLED
CAMPAIGN (SABRC)
State ordering agencies are required to report
purchases made within the eleven product
categories in the California Department of
Resources Recycling and Recovery’s State
Agency Buy Recycled Campaign (SABRC) per
Public Contract Code sections 12200-12217.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
MOHAWK COMMERCIAL, INC.
CMAS NO. 4-20-00-0085C
Ordering Instructions and Special Provisions 10
Contractor will be required to complete and
return a Recycled-Content Certification form
(www.calrecycle.ca.gov/contracts/forms) upon
request by the state ordering agency.
PUBLIC WORKS (INSTALLATION
SERVICES ONLY)
A public works contract is defined as an
agreement for “the erection, construction,
alteration, repair, or improvement of any
public structure, building, road, or other public
improvement of any kind” in accordance with
the Public Contract Code (PCC) § 1101. State
agencies planning these types of projects
need to review the SCM, Volume 1, Chapters
10 and 11 for applicable guidelines and
regulations. Also, the Department of General
Services (DGS), Real Estate Services
Division (RESD) can be contacted at (916)
376-1748, if you have questions about these
types of transactions.
Agency CMAS purchase orders may allow for
public works installation only when it is
incidental to the total purchase order amount.
Agencies are to ensure that the applicable
laws and codes pertaining to the contractor
and sub-contractor licensing, prevailing wage
rates, bonding, labor code requirements, etc.,
are adhered to by the prime contractor as well
as any sub-contractor during performance
under the CMAS purchase order.
The bond amount for public works is not less
than one hundred percent (100%) of the
purchase order price.
NOTE: In accordance with Labor Code (LC) §
1773.2, the ordering agency is responsible for
determining the appropriate craft,
classification or type of worker needed for any
contract for public works. Also, the agency is
to specify the applicable prevailing wage rates
as determined by the Director of the
Department of Industrial Relations (DIR). In
lieu of specifying the prevailing wage rates,
the agency may include a statement on the
order that the prevailing wage rates are on file
at the agency’s office, and will be made
available upon request. The prevailing wage
rates are available from the DIR at
www.dir.ca.gov (select Statistics & Research)
or (415) 703-4774.
Bonds: For guidelines, see CMAS, General
Terms and Conditions, Public Works
Requirements.
State Contractor’s License: Public works
services can be obtained through CMAS only
if incidental to the overall purchase order. If
incidental public works services are included
in the purchase order, prior to issuing the
order agencies should contact the State
Contractor’s License Board (www.cslb.ca.gov)
at 1-800-321-2752 or at www.cslb.ca.gov to
verify that the Contractor’s License shown
below is still active and in good standing.
Mohawk Commercial, Inc.'s California
Contractor's License number is 988270. This
is a Class C15 license that is valid through
11/30/2021.
BUY CLEAN CALIFORNIA ACT
Per Management Memo 19-01, beginning
January 1, 2019, awarding authorities will
request successful bidders for public works
contracts to submit current facility-specific
Environmental Product Declarations (EPDs)
for all eligible materials.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
MOHAWK COMMERCIAL, INC.
CMAS NO. 4-20-00-0085C
Ordering Instructions and Special Provisions 11
Awarding authorities are those identified in
PCC § 3501 (a) and state agencies granted
authority to work on public works projects
under MM 18-01. Eligible materials subject to
the EPD requirement are structural steel,
carbon steel rebar, flat glass, and mineral
wool board insulation.
Project bid specifications must require that
facility-specific EPDs are compliant to ISO
14025 and applicable Product Category Rules
located on the Department of General
Services (DGS) Buy Clean California Act
website.
Awarding authorities must report the following
information to DGS upon request:
• Awarded contract information
• Eligible materials used in project(s)
• EPDs submitted by successful bidder(s)
The Department of General Services Buy
Clean California Act website is located at
www.dgs.ca.gov/PD/Resources/Page-
Content/Procurement-Division-Resources-
List-Folder/Buy-Clean-California-Act.
NOT SPECIFICALLY PRICED (NSP) ITEMS
Contractors must be authorized providers of
the products and/or 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.
4. Maximum Order Limitation: For orders
$250,000.00, or less, the total dollar
value of all NSP products included in a
purchase order shall not exceed
$5,000.00. For orders exceeding
$250,000.00, and at the option of the
contractor, the total dollar value of all
NSP products in a purchase order shall
not exceed 5% of the total cost of the
order, or $25,000.00 whichever is lower.
The total dollar value of all services
included in a purchase order must not
exceed the dollar value of the products.
NSP may be used to cover labor for a
“clean” install (typically new
construction) or to prepare an “unclean”
site for carpet installation. However, the
total dollar value of ALL services (NSP
services and line item services from the
contract) must not exceed the total
product cost.
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.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
MOHAWK COMMERCIAL, INC.
CMAS NO. 4-20-00-0085C
Ordering Instructions and Special Provisions 12
The following NSP items ARE SPECIFICALLY
EXCLUDED from any order issued under this
contract:
1. 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. Any other item or class of items
specifically excluded from the scope of
this contract.
4. Public Works components NOT
incidental to the overall project
requirements.
5. Installation Services
6. Products or services the contractor is
NOT factory authorized or otherwise
certified or trained to provide.
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.
STATE AND LOCAL GOVERNMENTS CAN
USE CMAS
State and local government agency use of
CMAS is optional. A local government is any
city, county, city and county, district, or other
local governmental body or corporation,
including UC, CSU, K-12 schools and
community colleges empowered to expend
public funds. While the State makes this
CMAS available, each local government
agency should make its own determination
whether the CMAS program is consistent with
their procurement policies and regulations.
UPDATES AND/OR CHANGES
A CMAS 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
CMAS is based on specific products
and/or services from another contractor’s
multiple award contract and the contractor
wants to add a new manufacturer’s
products and/or services.
A CMAS 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 to update
and/or change terms and conditions and/or
products and services based on a non-federal
GSA multiple award contract.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
MOHAWK COMMERCIAL, INC.
CMAS NO. 4-20-00-0085C
Ordering Instructions and Special Provisions 13
SELF-DELETING FEDERAL GSA TERMS
AND CONDITIONS
Instructions, or terms and conditions that
appear in the Special Items or other
provisions of the federal GSA and apply to the
purchase, license, or rental (as applicable) of
products or services by the US Government in
the United States, and/or to any overseas
location shall be self-deleting. (Example:
"Examinations of Records" provision).
Federal regulations and standards, such as
Federal Acquisition Regulation (F A R), Federal
Information Resources Management
Regulation (F I R M R), Federal Information
Processing Standards (FIPS), General
Services Administration Regulation (GSAR),
or Federal Installment Payment Agreement
(FIPA) shall be self-deleting. Federal blanket
orders and small order procedures are not
applicable.
ORDER OF PRECEDENCE
The CMAS Terms and Conditions takes
precedence 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 agreements.
Nonetheless, there is no guarantee that every
possible requirement that pertains to all the
different and unique State processes has
been included.
PAYMENTS AND INVOICES
1. Payment Terms
Payment terms for this CMAS are net 45
days.
Payment will be made in accordance with
the provisions of the California Prompt
Payment Act, Government Code (GC) §
927 et. seq. Unless expressly exempted
by statute, the Act requires State agencies
to pay properly submitted, undisputed
invoices not more than 45 days after (1)
the date of acceptance of goods or
performance of services; or (2) receipt of
an undisputed invoice, whichever is later.