Loading...
HomeMy WebLinkAbout13 - Police Department Renovation Project Furniture and FixturesQ SEW Pp�T CITY OF �m z NEWPORT BEACH c�<,FORN'P City Council Staff Report March 13, 2018 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org PREPARED BY: Jonathan Stafford, Deputy Director, jstafford@nbpd.org PHONE: 949-644-3650 TITLE: Police Department Renovation Project Furniture and Fixtures ABSTRACT: The Police Department requests City Council approval of a Purchase and Installation Agreement for furniture and fixtures needed for renovation of several work areas of the Police Department facility. The City Council approved the construction contract for the renovation project at its February 13, 2018 meeting, and this Agreement is to procure and install the furniture and fixtures for the renovated work spaces. RECOMMENDATION: a) Determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Approve Budget Amendment No. 18BA-033 appropriating $440,396.23 in the Asset Forfeiture Fund to Account No. 1050061-911039; c) Waive the contract procurement requirements of City Council Policy F-14 and approve a sole source procurement using National Intergovernmental Purchasing Alliance (National IPA) cooperative purchasing agreement No. P15 -150 -DT; and d) Approve a Purchase and Installation Agreement with CN School and Office Solutions, Inc. (DBA Culver -Newlin) of Corona, California, for furniture and fixtures for a total cost of $440,396.23, and authorize the Mayor and City Clerk to execute the agreement. FUNDING REQUIREMENTS: The Budget Amendment records and appropriates $440,396.23 in increased expenditure appropriations from the Asset Forfeiture Fund unappropriated fund balance. 13-1 Police Department Renovation Project Furniture and Fixtures March 13, 2018 Page 2 DISCUSSION: Background: The Detective Division work areas, the Patrol briefing room and the Crime Suppression Unit office have been in continuous service since they were last remodeled more than 20 years ago. The renovation will provide improved lighting, ergonomic work stations and a more efficient layout that reclaims 355 square feet of floor space. Interview rooms will be reconfigured to make them more useable, and the briefing room will be converted to a multi-purpose space with moveable furniture and upgraded audio/video systems needed to display crime, calls -for -service and other operational data. Cooperative Agreement Procurement: This purchase is being conducted in accordance with a national cooperative contract facilitated by National IPA. In 2016, National IPA conducted a national bid and awarded a cooperative contract for office furniture to Kimball Office. As a member of National IPA, the City of Newport Beach, along with other member agencies, is able to engage Kimball Office through the cooperative contract to secure pricing at a significant savings made possible by leveraging economies of scale. By potentially dealing with a national group of public agencies, Kimball Office is able to extend to individual public agencies pricing that would normally be attained by bidding on a national scale. Kimball Office uses local authorized dealers, such as Culver -Newlin, to provide furniture and fixtures at the National IPA pricing. National IPA Contract No. P -15 -150 -DT was created following an extensive Request for Proposal (RFP) process that mirrors the procurement process used by the City in its own purchases, including a panel review of each proposer's experience and qualifications and assessment of each proposer's ability to provide furniture to public agency clients. Joining in on this cooperative purchasing contract enables the City to take advantage of discounts from list pricing of approximately 53 percent on some furniture and 63 percent on modular office components. What distinguishes a National IPA cooperative contract from others is the fact that National IPA competitively bids out all of their contracts, a process that meets the City's purchasing standards. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 13-2 Police Department Renovation Project Furniture and Fixtures March 13, 2018 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A —Purchase and Installation Agreement with CN School and Office Solutions, Inc. Attachment B — Budget Amendment 13-3 ATTACHMENT A PURCHASE AND INSTALLATION AGREEMENT WITH CN SCHOOL AND OFFICE SOLUTION, INC. DBA CULVER-NEWLIN FOR FURNITURE AND FIXTURES FOR RENOVATION OF POLICE DEPARTMENT DETECTIVE AND BRIEFING ROOM AREAS THIS PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and entered into as of this 13th day of March, 2018 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CN SCHOOL AND OFFICES SOLUTIONS, INC. a California corporation doing business as ("DBA") CULVER-NEWLIN ("Contractor"), whose principal place of business is 520 E. Rincon Street, Suite 102, Corona, California 92879 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to provide and install furniture and fixtures for renovation of Police Department Detective and Briefing Room areas as detailed in the Scope of Work and Schedule of Billing Rates attached hereto as Exhibit "A" ("Project"). C. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. D. Contractor is awarded this Agreement using National Intergovernmental Purchasing Alliance (National IPA) cooperative purchasing agreement # P15 -150 - DT. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 6Y4Ii] Eel 1TiTNIq;1 1.1 Contractor shall provide all tangible items and perform all the services described in the Scope of Work attached hereto as Exhibit "A" and incorporated herein by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used under reasonably competent practitioners of the same discipline under similar circumstances and that all materials will be of good quality. CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 1 13-4 1.2 Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 1.3 In consideration of the payment of the purchase price and subject to all the terms and conditions hereof, Contractor shall: furnish the items as further described in Exhibit A (hereinafter referred to as "Products"), and install said Products pursuant to the Services as listed and set forth in the Scope of Services attached hereto as Exhibit "A" and incorporated in full by this reference. 2. TIME OF PERFORMANCE 2.1 Time is of the essence in the performance of services under this Agreement and Contractor shall complete the Project installation, implementation and acceptance testing within the time set forth in Exhibit "A". The failure by Contractor to meet this schedule may result in termination of this Agreement by City as outlined in Section 18 below. 2.2 Force _Majeure. The time period(s) specified in Exhibit "A" for performance of services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including but not restricted to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor shall within ten (10) days of the commencement of such delay notify City in writing of the cause of the delay. City shall ascertain the facts and extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City such delay is justified. City's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3. TERM Unless earlier terminated in accordance with Section 18 of this Agreement, this Agreement shall continue in full force and effect until completion of the services agreed to herein or until July 31, 2018, whichever occurs first. 4. COMPENSATION 4.1 City shall pay Contractor for the Services on a fixed fee not -to -exceed basis in accordance with the provisions of this Section and Exhibit "A" and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Four Hundred Forty Thousand Three Hundred Ninety Six Dollars and 231100 ($440,396.23), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 2 13-5 4.2 Contractor shall submit invoices to City describing the Work performed and/or the specific task in the Scope of Services to which it relates, and the date the Services were performed. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit "A" to this Agreement or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit "A". 4.5 Contractor shall provide City with a minimum fourteen (14) days' notice of its dates of installation to enable the City to prepare the installation sites for the Products in accordance with the instructions of Contractor. The City shall complete site preparation prior to the date of installation of the Products, and the site shall thereafter be available for inspection and approval. All costs and expenses related to the site preparation shall be at the sole expense of City. ,:Zir :109 Jil_10r-1W;4V Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Agreement. Contractor has designated Martin Schlom to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. ADMINISTRATION This Agreement will be administered by the Police Department. City's Police Fiscal Services/Facility Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1 Contractor shall use only the standard materials described in Exhibit "A" in performing services under this Agreement. Any deviation from the materials described in Exhibit "A" shall not be installed unless approved in advance by the City Project Administrator. 7.2 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 3 13-6 qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. ::�:1*yl6l`R1I:IIIIII WaMelzaBYMJ,r_1 t *K61:a1`pill WA 8.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the services required hereunder; or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them, unless caused by the City's negligent acts, omissions, or willful misconduct. 8.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause to the extent arising from the negligent acts, omissions, or willful misconduct of the Contractor' or any subcontractor or supplier selected by the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council. Boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties"), from and against: (1) any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liability, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, and Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers. Agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them); (2) use of improper materials in performing this Project including, without limitation, defects in workmanship or materials and/or design defects; and/or (3) any and all claims asserted by Contractor's subcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor's liability in this Subsection shall be limited to the maximum amount of its insurance coverage for claims arising out non -negligent and non -intentional acts performed under this Agreement. Contractor shall not be held responsible for consequential or special damages, or claims made to City for such consequential or special damages. Nothing herein shall require Contractor to indemnify City from the negligence or willful misconduct of City, its officers or employees. 8.4 Intellectual Property Indemnity - Contractor shall defend, indemnify and hold City, its agents, officers, representatives, employees and City Council, boards and commissions harmless from any proceeding brought against City for any intentional or unintentional violation of the intellectual property rights of any third party with respect to Products deliverables purchased in this Agreement This indemnification shall include, but CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 4 13-7 is not limited to, infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Contractor's deliverables provided under this Agreement. 8.5 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall perform work as specified in Exhibit "A" to limit impacts to traffic during the system installation period. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 8.6 Contractor shall provide traffic control and access in accordance with Section 7-10 of the State Standard Specifications and the latest edition of the Work Area Traffic Control Handbook (WATCH), as published by Building News, Inc. 8.7 Traffic control and detours shall at a minimum meet the following requirements: 8.7.1 Emergency vehicle access shall be maintained at all times. 8.7.2 The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 8.7.3 All advanced warning sign installations shall be reflectorized and/or lighted 8.7.4 Traffic signal system shutdown or planned "red flash" shall be limited to 4 -hour periods between the hours of 9:44 a.m. and 3:00 p.m. on weekdays (Monday through Thursday), except as authorized by the Project Administrator. 8.7.5 "STOP AHEAD" and "STOP" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12-3.06, "Construction Area Signs," of the State Standard Specifications except that the base material for the signs shall not be plywood. Two "STOP AHEAD" signs and two "STOP" signs shall be placed for each direction of traffic. Locations of the signs shall be per the WATCH manual. 8.8 Nothing in this Section shall be construed as authorizing any award of attorney's fees in any action to enforce the terms of this Agreement, except to the extent provided in Section 8.3 above. 8.9 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees, nor any of its subcontractors, are to be considered employees of the City. CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 5 13-8 The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 11. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference. 12. BONDING 12.1 Contractor shall obtain, provide and maintain at its own expense during the terra of this Agreement: a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit C which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibit D which is incorporated herein by this reference. 12.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 12.3 The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 13. PREVAILING WAGES 13.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 6 13-9 accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 13.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 14. SUBCONTRACTING The subcontractors authorized by City, if any, to perform work on this Project are identified in Exhibit "A". Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 15. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 16. CONFLICTS OF INTEREST 16.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 7 13-10 performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 16.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 17. NOTICES 17.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Police Support Services Administrator City of Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 17.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Martin Schlom CN School and Office Solutions, Inc. 520 E. Rincon Street, Suite 102 Corona, CA 92879 18.1 Termination With Cause - In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days, or if more than five (5) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 18.2 Termination Without Cause. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractorfor services satisfactorily performed and costs incurred in the performance of such services up to the effective date of termination CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 8 13-11 for which Contractor has not previously been paid. In the event of termination under this Section, City shall also pay Contractor for all Products, associated materials, and hardware delivered to City site under this Agreement that City deems usable. 19. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project site(s), has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Work. 20. WARRANTY 20.1 Contractor warrants to City that all Products to be delivered hereunder will be free from defects in material or workmanship and will be of the kind and quality designated or specified by Contractor in Exhibit "A". The warranty shall apply only to defects appearing within two years from the date of final acceptance by City for hardware products not manufactured by the Contractor, and two years from the date of final acceptance by City for hardware products manufactured by Contractor. If Contractor installs the Products and associated hardware and materials, or supplies technical directions of installation by Agreement, the warranty period shall run from the date of final acceptance of installation by City, provided same is not unreasonably delayed by City. 20.2 If Contractor -manufactured equipment delivered hereunder does not meet the above warranty, and if City promptly notifies Contractor in writing, Contractor shall thereupon correct any defect, including non-conformance with the specifications, either (at its option) by repairing any defective or damaged parts of the equipment, or by making available any necessary replacement parts, delivered and installed without additional charge to City within seven (7) working days. City will return the defective product to Contractor, at Contractor's expense. Contractor shall repair or replace the defective item and return it to City, shipping costs prepaid. Contractor shall perform any necessary testing, hardware and equipment removal, repair, replacement, certification, and installation at no cost to the City during the warranty period, using Contractor's equipment. 20.3 The foregoing warranty is exclusive and in lieu of all other warranties, whether written, oral, implied or statutory. Contractor does not warrant any equipment of other manufacture designated by City. 21. REPRESENTATIONS 21.1 Non -infringement. Contractor represents that to the best of its knowledge the technology embodied in the products sold herein does not infringe upon a United States patent or United States copyright in effect as of the Effective Date. 21.2 Authority. Each party represents as follows: (a) that it has full power and authority to execute, deliver and perform its obligations under this Agreement, (b) that there are no actions, proceedings or investigations, pending or, to the best of each party's knowledge, threatened against such party which may in any manner whatsoever materially affect the enforceability of this Agreement or the rights, duties and obligations of the parties CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 9 13-12 hereunder; and (c) that the execution, delivery and performance of this Agreement will not constitute a breach or default under any agreement, law or court order under which such party is a party or may be bound or affected by or which may affect the rights, duties and obligations hereunder. 21.3 No Other Representations. Each party acknowledges and agrees that it is relying on no representation of the other party except as expressly set forth herein. 22. CONFIDENTIAL INFORMATION. 22.1 Confidential Information. In the performance of this Agreement or in contemplation thereof, the parties and their respective employees and agents may have access to private or confidential information owned or controlled by the other party and such information may contain proprietary details and disclosures. All information and data identified in writing as proprietary or confidential by either party ("Confidential Information") and so acquired by the other party or its employees or agents under this Agreement or in contemplation thereof shall be and shall remain the disclosing party's exclusive property. The recipient of Confidential Information shall use all reasonable efforts (which in any event shall not be less than the efforts the recipient takes to ensure the confidentiality of its own proprietary and other confidential information) to keep, and have its employees and agents keep, any and all Confidential Information confidential, and shall not copy, or publish or disclose it to others, nor authorize its employees, agents or anyone else to copy or disclose it to others, without the disclosing party's written approval, nor shall the recipient make use of the Confidential Information except for the purposes of executing its obligations hereunder, and (except as provided for herein) shall return the Confidential Information and data to the first party at its request. The City's duty to maintain confidentiality as described hereunder shall be subject to the laws of the State of California. 22.2 Excluded Information. The foregoing conditions will not apply to information or data which is, or which becomes generally known to the public by publication or by any means other than a breach of duty on the part of the recipient hereunder, is information previously known to the recipient, is information independently developed by or for the recipient or is information generally released by the owning party without restriction, 22.3 Right to Injunctive Relief. Because of the unique nature of the Confidential Information, the parties agree that each party may suffer irreparable harm in the event that the other party fails to comply with any of its obligations under this Section, and that monetary damages may be inadequate to compensate either party for such breach. Accordingly, the parties agree that either party will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief to enforce the terms of this Section. 23. ASSIGNMENT This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of the City and the Contractor. CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 10 13-13 24. STANDARD PROVISIONS 24.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 24.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 24.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 24.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 24.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 24.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 24.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 24.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 24.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 24.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 11 13-14 24.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 24.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 12 13-15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: f //$ By: Aaron C. Harp '""" 3 �.•Lg City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Marshall "Duffy" Duffield Mayor CONTRACTOR: CN School and Offices Solutions, Inc., a California corporation doing business as ("DBA") Culver -Newlin Date: Bv: Martin Schlom Chief Executive Officer Date: By: Margaret Schlom Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services and Schedule of Billing Rates Exhibit B — Insurance Requirements Exhibit C — Labor and Materials Payment Bond Exhibit D — Faithful Performance Bond CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 13 13-16 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE OF BILLING RATES CN SCHOOL AND OFFICES SOLUTIONS, INC. Page A-1 13-17 CULVER-NEWLIN FURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 J CORONA, CA 92879 TEL: 949.597.0123 1 FAX: 949.855.9577 Sold To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 Ship To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 LISA NEWMAN 949-644-3655 325359A Date Lead Time/ ARO Sales Rep 2128/2018 LEEANN Alpha. Qty Model #/Description Unit Price Total NIPA #P15 -150 -DT A. SQUAD ROOM 1 KIMBALL TRAXX AND FOOTPRINT ea COMPONENTS TO CREATE WORKSURFACE 2,984.65 2,984.65T ALONG BACK WALL 24"Dx216"W IN 2 PIECES, WITH 4 GROMMETS, WITH METAL SUPPORTS AND END PANELS, TRAXX MOUNTED TACKBOARD ALONG LENGTH OF WALL AT 37H ABOVE WORKSURFACE. PAINT IN METALLIC TAUPE, FABRIC IN TAPESTRY STONE, CANYON OAK LAMINATE WITH BANDED EDGE. LIST $8,066.60, 63% OFF LIST. B 4 9 TO 5 1215-GT-P0I-SF. SHUTTLE SIDE ea 116.00 464.00T CHAIR, PLASTIC IN BLACK SWAN, SILVER FRAME, NO ARMS, WITH CASTERS. LIST $290.00 C 1 OKLAHOMA SOUND 800X-MO-PS12V/LWM-5. ea 1,108.77 1.108.77T THE ORATOR MOBILE LECTERN WITH WIRELESS MIC -HANDHELD, LAMP, DIGITAL TIME, POWER SUPPLY 117 VOLT AC; 12V DC, INCLUDES FREIGHT TO WAREHOUSE. LIST $2218.00. D 30 9 TO 5 1210-GT-P0I-SF. SHUTTLE SIDE ea 98.00 2,940.00T CHAIR, PLASTIC IN BLACK SKY, SILVER FRAME, NO ARMS AND NO CASTERS. LIST 245.00, E 12 KIMBALL 75K2472RT-L-P-X(75K2GL DOCK ea 685.85 8,230.20T TRAINING TABLE 24"x72" WITH GANGING BRACKETS, MOBILE FLIP AND NEST BLADE PLATINUM C -LEGS, HPL TOP IN CANYON OAK LAMINATE WITH BANDED EDGE, LIST $1,459.25, 53% OFF LIST. Subtotal Sales Tax (7.75%) Total Page 1 13-18 NCULVER-NEWLIN FURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 1.02 j CORONA, CA 92879 TEL: 949.597.0123 1 FAX: 949.855.9577 Sold To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 Ship To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 LISA NEWMAN 949-644-3655 325359A Date Lead Time/ ARO Sales Rep 2/28/2018 LEEANN Alpha. Qty Model #/Description Unit Price Total F. CSU 1 KIMBALL COMPONENTS TO CREATE ea 20,398.85 20,398.85T WORKSTATIONS FOR 5 PEOPLE WITH 5 POWERED PROGRAMMABLE HEIGHT ADJUSTABLE DESKS, WALL MOUNTED TACKBOARDS AND OVERHEADS, WORKSURFACES ARE 30"D WITH MOBILE METAL BBF AND FF PEDS WITH FILE BARS AND PENCIL TRAYS, CUSTOM CUTS, SEE ATTACHED LAYOUT. METALLIC TAUPE PAINT, CANYON OAK LAMINATE WITH BANDED EDGE, BLACK GROMMETS, TAPESTRY STONE FABRIC TACKABLE TILES. LIST $55,132.00, 63% OFF LIST. G. 1 LITE CORE TITLE 24 COMPLIANT TASK ea 2,282.40 2,282.40T LIGHTS FOR ALL OVERHEADS, LED WITH 1 OCCUPANCY SENSOR PER STATION, TASKLIGHTS GANG. LIST $5,072.00. H. 3 HINGED DOOR STORAGE CABINET, METAL ea 901.15 2,703.45T WITH ADJUSTABLE SHELVES, LOCKING, PAINTED. FINISH WILL BE DIFFERENT TO KIMBALL PRODUCT AS 66"H IS TALLEST KIMBALL DOES. 36"Wx18"Dx78"H. LIST 1,918.00, 53% OFF LIST, I 1 KIMBALL LFF18363S LF SERIES 2 DOOR ea 888.67 888.67T TAUPE METALLIC METAL STORAGE CABINET, LOCKING, ADJUSTABLE SHELVES INSIDE. CANYON OAK LAMINATE TOP. LIST $1,891.00, 53% OFF LIST. Subtotal Sales Tax (7.75%) Total Page 2 13-19 NCULVER-NEWLIN FURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL: 949.597.0123 I FAX: 949.855.9577 Sold TO: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 ShipTo: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR, NEWPORT BEACH, CA 92660 LISA NEWMAN 949-644-3655 325359A Date Lead Time/ ARO Sales Rep LEEANN 2/28/2018 Alpha. Qty Model #/Description Unit Price Total J. 5 KIMBALL ea 553.00 2,765.00T K56TM U FA—B B P RM -2-10942-4 D -S4 LS L -497-C 46, JOYA ERGO CHAIR WITH PREMIUM BLACK MESH BACK, 4D HEIGHTIWIDTH ADJUSTABLE ARMS AND ARM PADS, SEAT SLIDER, POLISHED ALUMINUM BASE. FABRIC SEAT. LIST $1,177.00, 53% OFF LIST. K. CSI 1 KIMBALL CETRA COMPONENTS TO CREATE ea 20,457.00 20,457.00T 4 STATIONS WITH POWERED HEIGHT ADJUSTABLE BASES, WORKSURFACES 30" AND 24"D, 42"H NON POWERED PANELS TO DIVIDE WORK AREAS, WALL MOUNTED TRAXX WITH TACKBOARD, FILPPERDOOR OVERHEADS WITH TASKLIGHTS UNDERNEATH, 4 MOBILE BBF AND 4 FIXED FF METAL PEDS WITH FILE BARS AND PENCIL TRAYS, ALL STORAGE KEYED INDIVIDUALLY, ROOM TO BE WRAPPED IN OVERHEADS, TACKBOARD, SEE ATTACHED LAYOUT. TAUPE METALLIC PAINT, CANYON OAK LAMINATE WITH BANDED EDGE, TAPESTRY STONE FABRIC. LIST $55,290.00, 63% OFF LIST. L 1 LITE CORE TITLE 24 COMPLIANT TASK ea 2,785.00 2,785.00T LIGHTS FOR ALL OVERHEADS, LED WITH 1 OCCUPANCY SENSOR PER STATION, TASKLIGHTS GANG. LIST $6,190, 55% OFF LIST. M 1 KIMBALL LF SERIES 3 DRAWER LATERAL ea 1,085.85 1,085.85T FILE 36"W, COUNTER WEIGHT, SIDE TO SIDE FILING. TAUPE METALLIC FINISH WITH CANYON OAK LAMINATE TOP. LIST $2,310.00, 53% OFF LIST. Subtotal Sales Tax (7.75%) Total Page 3 13-20 NCULVER-NEWLIN FURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL: 949.597.4123 1 FAX: 949.855.9577 Sold To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 Ship To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 LISA NEWMAN 949-644-3655 325359A Date Lead Time/ ARO Sales Rep 2/28/2018 L E EA N N Alpha. Qty Model ##/Description Unit Price Total N. 4 KIMBALL K56TMUFA-C46. JOYA ERGO CHAIR ea 553.00 2,212.00T WITH PREMIUM MESH BACK, 4D HEIGHT/WIDTH ADJUSTABLE ARMS AND ARM PADS, SEAT SLIDER, POLISHED ALUMINUM BASE. FABRIC SEAT, LIST $1,170.00, 53% OFF LIST. 0. CAP 1 KIMBALL COMPONENTS TO CREATE 6 ea 29,841.22 29,841.22T WORKSTATIONS WITH POWERED HEIGHT ADJUSTABLE BASES, WALL MOUNTED TACKBOARD, FLIPPER DOOR OVERHEADS WITH TASKLIGHTS UNDERNEATH, 4 OF 42"H NON POWERED CETRA PANELS TO DIVIDE STATIONS, 6 MOBILE METAL BBF AND FF PEDS-LOCKING, WITH FILE BARS AND PENCIL TRAYS, WORKSURFACES 30"D, TO BE CUT TO FIT WALL SPACE. BACK WALL TO HAVE TRAXX MOUNTED TACKBOARD 48"H WITH 2 ROLLER WHITEBOARDS ON TOP. CUT TO FIT TACKBOARD TO BACK WALL. WILL SIT A LITTLE HIGHER THAN THE OVERHEADS ON THE SIDE WALLS. CANYON OAK LAMINATE WITH BANDED EDGE, TAUPE METALLIC PAINT, TAPESTRY STONE FABRIC. SEE ATTACHED LAYOUT. LIST $80,652.00, 63% OFF. P. 1 LITE CORE TITLE 24 COMPLIANT TASK ea 3,004.10 3,004.1 OT LIGHTS FOR ALL OVERHEADS, LED WITH 1 OCCUPANCY SENSOR PER STATION, TASKLIGHTS GANG. IIST $6,676.00, 55% OFF. Subtotal Sales Tax (7.75%) Total Page 4 13-21 CULVER-NEWLIN FURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL: 949.597.0123 1 FAX: 949.855.9577 Sold To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 Ship To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 LISA NEWMAN 949-644-3655 325359A Date Lead Time/ ARO Sales Rep 2/28/2018 L EEAN N Alpha, Qty Model #/Description Unit Price Total Q. 1 KIMBALL CONFERENCE TABLE 48"Dx96"L ea 3,379.06 3,379.06T WITH ONE RECESSED FLIP TOP POWER/DATA IN THE CENTER. TOP IN CANYON OAK LAMINATE WITH BANDED EDGE. LAMINATE PANEL BASES WITH FLIP DOWN PANELS TO ACCESS POWER AND MANAGE CORDS. LIST $7,190.00, 53% OFF. R. 3 NON KIMBALL METAL BOOKCASE ea 572.41 1,717.23T 12"Dx36"Wx30"H WITH ADJUSTABLE SHELVES,METAL TO MATCH AS CLOSE AS POSSIBLE TO KIMBALL, COMMON TOP 108"W TO GO LENGTH OF ALL 3 BOOKCASES, CANYON OAK LAMINATE TOP, LIST $1,218.00, 53% OFF. S 6 KIMBALL K56TMUFA-C46, JOYA ERGO CHAIR ea 553.00 3,318.00T WITH PREMIUM MESH BACK, 4D HEIGHTIWIDTH ADJUSTABLE ARMS AND ARM PADS, SEAT SLIDER, POLISHED ALUMINUM BASE. FABRIC SEAT, PREMIUM BLACK MESH WITH BLACK FRAME. LIST $1,177.00, 53% OFF. T 1 KIMBALL LFF18363S LF SERIES 2 DOOR ea 888.67 888.67T METAL STORAGE CABINET, LOCKING, ADJUSTABLE SHELVES INSIDE. LAMINATE TOP IN CANYON OAK. LIST $1,891.00, 53% OFF. Subtotal Sales Tax (7.75%) Total Page 5 13-22 NCULVER-NEWLIN FURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL: 949.597.0123 1 FAX: 949.85S.9577 Sold To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 Ship To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 LISA NEWMAN 949-644-3655 325359A Date Lead Time/ ARO Sales Rep 2/28/2018 LEEANN Alpha. Oty Model #/Description Unit Price Total U. RECEPTION 1 KIMBALL CETRA COMPONENTS TO CREATE ea 9,522.92 9,522.92T AREA U -SHAPE WITH POWERED HEIGHT ADJUSTABLE BASE UNDER MAIN TOP, 2 LATERAL FILES UNDERNEATH THE CREDENZA, MOBILE BBF PED, FILE BARS AND PENCIL TRAY FOR PERS, UNDER MAIN DESK, WOOD TRANSACTION COUNTER 96"W ALONG TOP OF 42"H PANELS. PANELS ARE CANYON OAK WOOD OUTSIDE, TAPESTRY STONE FABRIC INSIDE, METALLIC TAUPE PAINT FOR METAL. NON POWERED. SEE ATTACHED LAYOUT. LIST $25,738.00, 63% OFF. V 2 KIMBALL LF SERIES STORAGE CABINET ea 888.67 1,777.34T 36"WX42"Hx18"D WITH ADJUSTABLE SHELVES INSIDE. METALLIC TAUPE WITH CANYON OAK LAMINATE COMMON TOP WITH BANDED EDGE. LIST $1,891.00,53% OFF, W 1 KIMBALL K56TMUFA-C46. JOYA ERGO CHAIR ea 553.00 553.00T WITH PREMIUM BLACK MESH BACK AND FRAME, 4D HEIGHTIWIDTH ADJUSTABLE ARMS AND ARM PADS, SEAT SLIDER. POLISHED ALUMINUM BASE. FABRIC SEAT. LIST $1,177.00, 53% OFF. X. 3 KIMBALL TUCKER WOOD FRAME GUEST ea 440.83 1,322.49T CHAIR WITH ARMS, WALL SAVER LEGS, CANYON OAK WOOD TO MATCH RECEPTION DESK, FABRIC BACK AND SEAT IN DOLCE METEOR. LIST $938.00, 53% OFF., Y 1 KIMBALL PRIORITY 24"SQ END TABLE IN ea 463.89 463.89T CANYON OAK WOOD. LIST $987.00, 53% OFF. Subtotal Sales Tax (7.75%) Total Page 6 13-23 CULVER-NEWLIN FURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL: 949.597.0123 1 FAX: 949.855.9577 Sold To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 Ship To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 LISA NEWMAN 949-644-3655 325359A Date Lead Time/ ARO Sales Rep 2/28/2018 LEEANN Alpha. Qty Model #/Description Unit Price Total Z.. INTERVIEW ROOM 2 KIMBALL VILLA CLUB CHAIR WITH ARMS, ea SOFT SEAT CUSHION, WOOD FEET, FULLY 1,104.05 2,208.10T UPHOLSTERED IN DOLCE METEOR. LIST $2,349.00, 53% OFF. Al 1 KIMBALL VILLA THREE SEATER COUCH ea 1,808.10 1,808.10T WITH ARMS, SOFT SEAT CUSHION, CANYON OAK FEET, FULLY UPHOLSTERED IN DOLCE METEOR, LIST $3,847.00, 53% OFF. 131 1 KIMBALL DEFINITION CANYON LAMINATE ea 608.18 608.18T AND WOOD COFFEE TABLE 24"x42", WOOD TO MATCH RECEPTION DESK. LIST $1,294.00, 53% OFF. C1 1 KIMBALL DEFINITION 18"X24" END TABLE IN ea 468.59 468.59T CANYON OAK LAMINATE/ WOOD MIX FOR DURABILITY. LIST $997.00, 53% OFF. D1. INTERVIEW ROOM 138 1 KIMBALL MEETING TABLE 24"x42" WITH ea TAUPE METALLIC METAL BLADE T -LEG 631.51 631,51T BASES, CANYON OAK LAMINATE WITH BANDED EDGE. LIST $1,343.65, 53% OFF. E1 3 9 TO 5 SHUTTLE SIDE CHAIR WITH SILVER ea 228.00 684.00T METAL FRAME, ARMS, FULLY UPHOLSTERED IN LEATHERETTE. LIST $530.00. Subtotal Sales Tax (7.75%) Total Page 7 13-24 NCULVER-NEWLIN FURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 J CORONA, CA 92879 TEL: 949.597.0123 1 FAX: 949.855.9577 Sold To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 Ship To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 LISA NEWMAN 949-644-3655 325359A Date Lead Time/ ARO Sales Rep 2128/2018 LEEANN Alpha. Qty Model #/Description Unit Price Total F1. SIU 1 KIMBALL CETRA COMPONENTS TO CREATE ea 40,011.17 40,011.17T 8 STATIONS WITH POWERED HEIGHT ADJUSTABLE BASES, PANELS 42"H NONPOWERED, MOBILE BBF PED, FIXED FF PED, FILE BARS AND PENCIL TRAYS, RETURNS 24"x54", MAIN DESK 30"Dx72"W, WALL MOUNTED TRAXX TACKBOARD TO GO AROUND THE ROOM, WALL MOUNTED TRAXX WHITEBOARD 42"Hx108"W TO GO OVER FILEISTORAGE CABINETS, CUSTOM CUTS.. SEE ATTACHED LAYOUT. CANYON OAK LAMINATE WITH BANDED EDGE, METAL IN METALLIC TAUPE, FABRIC IN TAPESTRY STONE. LIST $108,139.00. 63% OFF. G1. 7 KIMBALL LF SERIES STORAGE CABINET ea 724.03 5,068.21T 18"Dx36"Wx42"H, WITH ADJUSTABLE SHELVES, METALLIC TAUPE PAINT. LIST $1540.50, 53% OFF. H1. 2 KIMBALL LF SERIES 3 DRAWER LATERAL ea 939.22 1,878.44T FILE, LOCKING, SIDE TO SIDE FILING. METALLIC TAUPE FINISH. LIST $1998.00, 53% OFF, 11. 1 KIMBALL LAMINATE TOP 18"Dx108"W, TO GO ea 435.84 435.84T THE LENGTH OF THE 2 LATERALS AND ONE STORAGE UNIT, AGAINST THE WALL, LAMINATE IN CANYON OAK WITH BANDED EDGE. LIST $927.00, 53% OFF. Subtotal Sales Tax (7,75%) Total Page 8 13-25 NCULVER-NEWLIN FURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL: 949.597.0123 1 FAX: 949.855.9577 Sold To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 Ship To, NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 LISA NEWMAN 949-644-3655 325359A Date Lead Time/ ARO Sales Rep 2/28/2018 LEEANN Alpha. Qty Model #/Description Unit Price Total J1. 1 KIMBALL CUSTOM LAMINATE TOP TO GO ea 1,656.40 1,656.40T ONTOP OF STORAGE IN THE CENTER OF THE ROOM. 48"Wx144"L WITH 1 POWER/DATA UNIT IN THE TOP. TOP IN 2 PIECES AND WILL NEED TO DRILL INTO TOP OF CABINET BELOW FOR ACCESS TO THE CORDS. CANYON OAK BANDED EDGE LAMINATE. LIST $3,524.25, 53% OFF. K1. 6 9 TO 5 SHUTTLE STOOL WITH SEAT AT 30"H, ea 236.00 1,416.00T SILVER METAL FRAME, NO ARMS, UPHOLSTERED SEAT AND BACK. LIST $615.00 L1. 8 KIMBALL K56TMUFA-C46. JOYA ERGO CHAIR ea 553.00 4,424.00T WITH BLACK PREMIUM MESH, BLACK FRAME, 4D HEIGHT/WIDTH ADJUSTABLE ARMS AND ARM PADS, SEAT SLIDER, POLISHED ALUMINUM BASE. FABRIC SEAT. LIST $1,177.00, 53% OFF. Subtotal Sales Tax (7.75%) Total Page 9 13-26 NCULVER-NEWLIN FURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL: 949.597.0123 1 FAX: 949.855.9577 Sold To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 Ship To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 LISA NEWMAN 949-644-3655 325359A Date Lead Time/ ARO Sales Rep 2/28/2018 LEEANN Alpha, Qty Model #/Description Unit Price Total M1 1 KIMBALL CETRA COMPONENTS, 8 WIRE/4 ea 139,073.57 139,073.577 DETECTIVES CIRCUIT TITLE 24 POWER COMPLIANT WITH AREA CONTROLLED CIRCUIT RECEPTACLE SET ASIDE FOR ELECTRICIAN TO WORK WITH, ONE PER STATION. UNIT WILL BE CLEAR TO BE MARKED, 6 DUPLEXES PER LARGER STATIONS. SYSTEM COMPONENTS CREATING 21 STATIONS WITH POWERED HEIGHT ADJUSTABLE BASES. THREE SETS OF STATIONS WITH POWER RUNNING DOWN SPINE AND WINGS. PANELS ON AISLE WAY ARE 80"H WITH GLASS ALONG THE TOP. REST OF THE PANELS ARE AT 42"H AND 50"H, ONE STATION WITH RECEPTION COUNTER ALONG FRONT AT 42"Hx72"W. 21 MOBILE PEDS AND 17 FIXED FF PEDS, FILE BARS, PENCIL TRAYS, 1 42"W LATERAL FILE FOR ONE STATION, MAIN TOPS AT 30"D. RETURNS 24"X48", 24"x41", 40", 51", 46". 2 BULLET WORKSURFACES IN BACK CORNER, CUSTOM SIZES, CUTS, WALL MOUNTED TRAXX TACKBOARD AROUND THE WALLS, TWO BACK WALL AREAS WITH MOVEABLE WHITEBOARDS, ONE SIDE WITH 2 AND THE OTHER WITH 1, GOES OVER THE TACKBOARD. WILL BE DIFFERENT HEIGHT TO THE PANELS. CANYON OAK LAMINATE WITH BANDED EDGE, METALLIC TAUPE PAINT, TAPESTRY STONE FABRIC. SEE ATTACHED LAYOUT. LIST $375,874.50, 63% OFF. N1. 3 KIMBALL LF SERIES STORAGE CABINET ea 724.03 2,172.09T 18"x36"x42"H, HINGED DOORS WITH ADJUSTABLE SHELVES INSIDE, METALLIC TAUPE PAINT. LIST $1,540.50, 53% OFF. Subtotal Sales Tax (7.75%) Total Page 10 13-27 NCULVER-NEWLIN FURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL: 949.597.0123 1 FAX: 949.855.9577 Sold TO: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 Ship To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 LISA NEWMAN 949-644-3655 325359A Date Lead Time/ ARO Sales Rep 2/28/2018 LEEANN Alpha. Qty Model #/Description Unit Price Total 01. 4 KIMBALL LF SERIES 3 DRAWER LATERAL ea 939.32 3,757.28T FILE 36"W, SIDE TO SIDE FILING. METALLIC TAUPE FINISH. LIST $1,998.00, 53% OFF. P1. 1 KIMBALL LAMINATE TOP FOR SINGLE ea 164.20 164.20T STORAGE CABINETS, 1 B"Dx36"W. CANYON OAK LAMINATE WITH BANDED EDGE. LIST $350.00, 53% OFF. Q1 2 KIMBALL LF SERIES 30"Wx42"H METAL ea 816.77 1,633.54T STORAGE CABINET WITH CANYON OAK LAMINATE TOP, TO GO SIDE BY SIDE ON BACK WALL FOR PRINTER TO GO ON. OVERALL OF 60"W. LIST $1,738.00, 53% OFF. R1. 1 KIMBALL CANYON OAK LAMINATE TOPS ea FOR CUSTOM FILE ISLAND BETWEEN 2,154,40 2,154.40T STATIONS. 24"Dx228"L IN 3 PIECES, WITH 2 OF POWER/DATA IN TOP. WILL NEED TO CUT HOLES IN CABINET UNDERNEATH TO ACCESS POWER. LAMINATE WITH BANDED EDGE. LIST $4,583.80, 53% OFF. S1. 21 KIMBALL K56TMUFA-C46. JOYA ERGO CHAIR ea 553.00 11,613.00T WITH BLACK FRAME, PREMIUM BLACK MESH, 4D HEIGHT/WIDTH ADJUSTABLE ARMS AND ARM PADS, SEAT SLIDER, POLISHED ALUMINUM BASE. FABRIC SEAT. LIST $1,177.00, 53% OFF. T1 1 DESIGN FEE ea 3,800.00 3,800.00T U1 1 LABOR AND MATERIAL PAYMENT BOND AND ea FAITHFUL PERFORMANCE BOND FOR 12,800.02 12,800.02T INSURANCE REQTUIREMENTS FOR CITY OF NEWPORT BEACH Subtotal Sales Tax (7.75%) Tota! Page 11 13-28 CULVER-NEWLIN F U R N I T U R E F O R S C H O O L S & 0 F F I C E S 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL: 949.597.0223 1 FAX: 949.855.9577 Sold To: NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 Ship To, NEWPORT POLICE DEPARTMENT 870 SANTA BARBARA DR. NEWPORT BEACH, CA 92660 LISA NEWMAN 949-644-3655 325359A Date Lead Time/ ARO Sales Rep 2/28/2018 LEEANN Alpha. Qty Model #/Description Unit Price Total V1 1 PREVAILING WAGE INSTALL. DELIVER AND ea 43,160.00 43,160.00T INSTALL DURING NORMAL BUSINESS HOURS. WALL MOUNT TRAXX, TACKBOARDS, OVERHEADS, PANEL MOUNTS, FIELD CUTS TO BE MADE ON TOPS, TRAXX, TILES, TO FIT AS NEEDED. DRILL INTO METAL STORAGE CABINETS FOR POWER UNITS ON STORAGE TOPS IN TWO AREAS. POWERED BASES TO BE ASSEMBLED AT INSTALL. JOB TO BE COMPLETED AS PER LAYOUTS, IN 5-6 DAYS. PROJECT MANAGER ON SITE FOR INSTALL, TRASH REMOVAL, SIGN OFF AND WALK THROUGH TO BE COMPLETED AT END. INSTALLERS TO BE CLEARED PERSONS ONLY. Subtotal $408,720.40 Sales Tax (7.75%) $31,675.83 Total $440,396.23 13-29 BKD2u W ❑ WB ❑MM2 D2! KSCV22 KS(D2L D"M2WUAXX M•1' AXX NT KS1D29 XSCD230 KO)231 KS1212 KD-J)22KAXX MT AXX NT KS[D229 KXD210 KSCD231 KSCD212 KM233 CD SC3 AXX AXX HT KSCD229 KS2b KCD S231 L5 212 KD23 AXX 61T AXX �fT WB WB wwn2 vcrA�3ttxr wuuvr O OTE: RUN TRAXX ALONG ALL THE WALL WALL MOUNT PANELS ON TOP OF TRAXX MAY NEED A WOOD FILLER BELOW TRAXX jALq 499 TILES FIRST 13EFORE 37H OZV'111Z9 O i•�% O OZV II IZ9 0 V. 14 O�b6 ® OZV 111,9 BBF FF BBF FF 171 10" z r, POWER AND DATA IN TOP w u 26L UI:PS 00C K C%M 496RTL a F 5'7" YIN 1� leosi 388 d8B d3 d8z8 > O 62111.A20 O ` O 62111.A20 O y O 62111.A20 O 30X70 Ellam - n O 2uar�n O 2uar�n k\"I FF 1617A 3637A 3617A 3637A `7—�7 A 1611A 3637A 3637A — — — 13-30 ea ---- 3649A _...1 6049A - - - WMiI" - - WRS"N—_- KSM2S2 20X96 z- �' 9 CUT 24" TILE TO MATCH 20" TOP a `1S z ®R of 6049A-- M99A - 4249A.. 11iCFiVIAFNT 0 WMitu FK Ga Ni' 71tAY i, 3642 MLI ISM �31.4 n 13-31 1711" 0 IAM TOP ❑ tlLC9£ I tlLti9C - K6[IIt09 0 �'�• ilsil CSI w6(rlu 3UR LF 36W e UZV'dIlZ9 S DOF WAft1Y 140 WMtl4 WNM2 —ml 2 X5 _ .WTI. KSQ#19 Y ❑ .VCFAUNII.T KSCD216 K5(�Z KS(D219 I V W B KSN216 KS(D717 K.u'DS�I AXX MT AXX MT • Y: KS(DSI■ 36642 VZI Mti ❑ AXX MT • —166 KS1D217 KS 19 K((DSIB « I1K w Mil 2442^) W$ XX MT • X M7 X MT KSCD216 • KSc11717 KS1D217 KSCV219 KSCD219 2(K - - _ r {L - « i ISM {y b � V KBCD•16 AXX irr AXX MT : �+ KS(D2Ie KS/V217 KS('p219 ISI. ISM {L X MT AXX MT i< " 3�0 �€ :r o $ w 24X59 MOUNT TRAXX ALL ALONG THE WALL 3F ¢ a x ` ` Q g- $ FILL IN ALL THE WALL WITH TILES Q8 ry LEAVE A I" GAP BETWEEN DESK AND RETURN 0 CUT 36" TILES TO FILL IN GAP ❑ n �a $ SCD BD FAE6AKpTYi rnE awVm FnE ann tllYi y g — x dBA --- 1'FVcn. FIL tyE— m F12EBARVTY2 trot lmjln Qm 30X�,2�IlP.A2 0 - 3OX. b211 P. 0 _ ,�Z' ® 6211RAN FEE BAR qrY• RL B g�K �Y, tvEtw'Vm FFSr'cn. Q` 30X64 FMEBMg7Y2 mM�v M(' V1Ar FiL Mil F11E 8AA V'Tr7 Hca 66SE 9(S . 8 �' 9(rd/Ja--3642-- -19 gas 9Udoa �`Y Imi: um Qwi ISM 3637A 3037A 3637A 3037A 3037A 3637A ixnIl n r2se `� o 970 LEAVE I" GAP AND CUT TILE TO FILL IN GAP Ga Ni' 71tAY i, 3642 MLI ISM �31.4 n 13-31 TOR 36W INT _ 14 LEAVE I" GAP FOR TOP AND CUT TILE TO FIT FULL WALL LENGTH 301E 10 ol 1A6 ozv'dllz9 14 L-4 FF BBF CSU 12 m m m SQUAEJ 13-32 v v STOR. gas BAR 1 3 O 6211P.A20 O 6211P.A20 [ AM JS ME M9E M9E LAM TOP 72s� tusl.ln � I AnsE I 60 A LEAVE V GAP FOR TOP AND CUT 42" TILE TO FIT THE GAP WWI. y BM WMI'IA{ Si WHfIN wlateirr 737E BM QrY7 FlIF.BAR QM FT}; BAR QfYt "• b w KK IO X MT X MT AXX SiI' r lllullll 481i11M(M2 FREBARQTY3 HIJ.9ARQ Y2 FIIL'BMQIW2 FLE BM QTY7 FLY.BM QIY7 KSCR)310 KSCT310 Kx'MIO K1CIi'10 KSCO212 tali KSCD21i iKSCf6 R XM'1' AXX Ni' U XX MT FIlE BM QTY2 FBF: BM Q7Y3 KS(T)31 / AS(l)��• KS(D31 • I� MEBM QTYI 1,311. BM QM tW.Blfl gID'QTYI KSCI)21i K5C5)311 KXUlIi CU7N KSCDI: KSS KWD211 KSCV25 IIIII�IIIIII TNAY TRAY iRA 111A� TRAY SQUAEJ 13-32 13-33 E3. wx7B 1--� I ir STAND MANE 11 1011 t M COPIER - w� w ar.. wxoy1111 0° Vl Iln !(X•I ILAVEAIT.M BLTWrJN ESK "T w THEUSETO 77G: WALL IAEN'771Ji 1V AUIYG FILL LY GAP DETECTIVE o, o ¢ DIVISION ii wX7B ^ 141 ° ' a SFiAVEA 1'GAPBLTWFE4DESKA4URETI1EY P !.X•1 a - 3'6- iI u E p W.A IGAP RFTWNGTGAD AIL J. ISE 7A• TRF: iO r7LL BS GAP AA'WAIL. i.. MXM �^ wx10 i !S - a MOImm M(N,mm GN TGP OFTRAX% MEL e%a7 -. SS ..� - ! 2047 ti 2 4 _ TUETO5S'VhFDT0M%TUWOY1:SrALL 5'7" Sw o.. 42. )S wxm p \ xTj..ow 24 �. IRAXXAWBb AILTIM WA1J. 1PAKFJSO4TOPGFTRAXX ii ^ •^•• A MX4) PuJ aPJDW TRAX% MYTLN _ i-- i i : f .+m .. m .. Ilk Vlk:tiz::B 1 11 ( .� Q �f"•Rtn �: :.'A'�: :.'": w 0 17' IR'' y ,�-"—� °-' uzaAl : T61Si2+; 0 MWa e ^i A AND DATA IN TOP •iw o•. )! 3O%70 VE A 1'GAP 8EIW@1 DESKM'DREIIMN MOLWrT11FSAlJ.AU)NGIM.WAII. MOUNT WALL MGI.'AT ON TRAXX USE S.' TRJ1 TO nU. IN POR OAP AKM PA411. - - uICi•• "241 C wxTR i- - 707170 OE i l.Xb WALLMfNTT x A 2017 = i _y iii ) 1 3 p ! S o - wX70 S a iVEA I' GAP BEMT.EN MK AYD REn3LN .. i� A. 47 N ° t RC uxa0 l3F.al-711F.T0 PllJ. 14 GAP •i ii. ) ik A �;. L 1 ••^ I (T T 3(' TRE TO MATCTI 70'TOP 231611 17'1" Li = Q CSI •aPSwELN DESK ANDRERTI. wiX7fl• I SrOw ar W T" TO FlU.LT P as S` J L 140 A X5 NEM A ®® IRRT SCA 13-33 VIWY I;n IMy tw nth 2+zs nsxtn Mxcx K55SIAlX'OL' K55SIA11[Yll' KSISIAI[YNI MK Mtn MY 244� MZI �� .nzl rp 2442 s i g AL 1 NN O l'• ,MBF mwDm I K -M35 ...11 EP IN Gid Um STAND ALONE COPIER M9£ JS 1H£ M9£ JS ]H£ 17'OP DETECTIVE DIVISION 141 NIL NK Nei W 3650 3650 LEAVE A V GAP BETWEEN DESK AND RE'I 13-34 z 13N 34N 1 ® 0 7 ]LSE 30X70 KSfU2S 13-34 13-35 f.i b%,0 • � � � i I7'10' • AxA, _ l - o R c Mxa 6 EOWTR AND DATA LV TOP � t i 1 ru Y.]/ � i II .. r • l i `' bx,o 70%10 fli 1 f . • i a t 7047 Y .� wx,o wxm o _. I F F'r F- 0>?t21 • L F 23'6" - ❑ ❑ w . ❑ 1" t CSI LEAVE. 1-GAP IIBIW)FV DESK AND RFIOR bmliu. i m.l, w. M 36'TBF. TO NOAP w S 140 xs I e F H SIDES: / t ! 1 •. L F i UNT WALL TRAXX ALL ALNONG J• 6• € 0 E WALL AND MOUNT PANELS 10'0 3' F `moo 7•xsv �y TOP OF TRAXX. MAY NEED TO� 1 . D A WOOD FI .LER. --- 1.,- 1 '_- .__ 4 JO%Mr., • i JOxbi"uY 7• wv.s 70%61 II 7p,�Ona. N� -,w FAVL I'GM AYDC1M` R..TOFTIJ.LVGAP 0 z e - � I J = 3OX7 .0 AVE. 1'fW'RbTWFbY DESK AND RE.'N,4 IJAVF..,'OAPBB1WPYlDIi CV MI7ET0FLIGAANDWIffALTIff r,. ` M WIfflMO:19J,1D EBL L`GAP AVD 716 CHTRA PANELMETS MW. WAIA. CkRA PA`hl WETtli wAJ. 1- k -o SHOULD BE. ABOUT A S' GAP AT EVD OF RWM A MIF. TO1 y. t` NAIC,I GAPOVODB suk r-T FOJ. LV MDi W AU, ff..TCTF.VL3 ROOM FOR TTff. - - - - - --mn0//-iiM TO i1QiEmK r- _ .. � TIff..1wxTWA,J. �» mm» Trim 13-35 i j "T I a• s OL) -- e JS9ftZL8 ao 7 Y/ SQUAD ROOM 10 Ilu iu e• � a• � s dlIZ9 dlIZ9dlIZ9 �+auz dlIZ9 dllZ9 K-Mrua dlli9 lu u e• 1 e: a dlIZ9---t dlIZ9 dlIZ9 Yv Mr z dlIZ9 dlSZ9 rZtii dI1Z9 iu a iu 1.7 e � a � e• e d1IZ9 KAIUQ 41119 d1IZ9 �7 g dlIZ9 dlIZ9 Icvzucz dIIZ9 i I� aLE3J IL11Llu •lu I r a• e• xx s• dIIZ9 Icn:.c¢ d11Z9 dlIZ9 Icx[zuz dnZ9 dlIZStglulz dlIZ9 6211 P.A206211P.A20 wln 6211P.A20 6211P.A20 wI - I�I� El ❑ ❑P E]11llt E)❑ 5437A 5437A - ---5437A 5437A WM. Tl" � � c W\lu 13-36 EXHIBIT B INSURANCE REQUIREMENTS 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. CN SCHOOL AND OFFICES SOLUTIONS, INC. Page B-1 13-37 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. CN SCHOOL AND OFFICES SOLUTIONS, INC. Page B-2 13-38 D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non- compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. CN SCHOOL AND OFFICES SOLUTIONS, INC. Page B-3 13-39 EXHIBIT C CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to , hereinafter designated as the "Principal," an Agreement for the purchase and installation of , in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Forty Thousand Three Hundred Ninety Six Dollars and 231100 ($440,396.23), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. CN SCHOOL AND OFFICES SOLUTIONS, INC. Page C-1 13-40 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CN SCHOOL AND OFFICES SOLUTIONS, INC. Page C-2 13-41 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature (seal) CN SCHOOL AND OFFICES SOLUTIONS, INC. Page C-3 13-42 City of Newport Beach BUDGET AMENDMENT 2017-18 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates x Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues x from unappropriated fund balance EXPLANATION: ATTACHMENT B NO. BA- 18BA-33 AMOUNT:j $440,396.23 This budget amendment is requested to provide for the following: to increase expenditure appropriations by $440,396.23 in the Asset Forfeiture Fund to purchase office furniture/fixtures for use at the Police Department Facilitv ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object 105 300000 REVENUE ESTIMATES OOr Object Project EXPENDITURE APPROPRIATIONS Org Object Project 1050061 911039 Signed Signed Signed Final Approval: Finance Di Description Asset FTF - Fund Balance Control Description Description Office Furniture/Fixtures Admi t e Approval: City Mani't�er City Council Approval: City Clerk Amount Debit Credit $440,396.23 " Automatic System $440,396.23 3-b-6 Date Date 13-43 Increase in Budgetary Fund Balance AND x Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance ONE-TIME? B Yes No This budget amendment is requested to provide for the following: to increase expenditure appropriations by $440,396.23 in the Asset Forfeiture Fund to purchase office furniture/fixtures for use at the Police Department Facilitv ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object 105 300000 REVENUE ESTIMATES OOr Object Project EXPENDITURE APPROPRIATIONS Org Object Project 1050061 911039 Signed Signed Signed Final Approval: Finance Di Description Asset FTF - Fund Balance Control Description Description Office Furniture/Fixtures Admi t e Approval: City Mani't�er City Council Approval: City Clerk Amount Debit Credit $440,396.23 " Automatic System $440,396.23 3-b-6 Date Date 13-43