HomeMy WebLinkAboutC-7261-2 - Purchase and Installation Agreement for Furniture and Fixtures for Renovation of Police Department Detective and Briefing Room AreasPURCHASE 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:
1. SCOPE OF WORK
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
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.
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 23/100 ($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.
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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.
5. PROJECT MANAGER
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
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qualified and experienced personnel who are not employed by City, nor have any
contractual relationship with City.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
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
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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 9:00 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
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
term 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
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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
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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. TERMINATION
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 parry 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 Contractor for services satisfactorily performed
and costs incurred in the performance of such services up to the effective date of termination
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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 familiarwith the local conditions underwhich the work
is to be performed, and has taken into consideration these factors in submitting its Project
proposal and Scope of Work.
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
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 Riqht to Iniunctive 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.
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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 Opportunitv 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
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
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: &a
BY: X__ hr
Aaron C. Harp
City Attorney
ATTEST: 213.1y
Date:
By: "at
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Urs -hall "bliffy" -.
Mayor
CONTRACTOR: CN School and Offices
Solutions, Inc., a California corporation
doing b'tine s as ("DBA") Culver -Newlin
Date: (,
By:
Martin Schlom
Chief Executive Officer
By:
Margarets hlom
[END OF SIGNATURES]
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
EXHIBIT A
SCOPE OF SERVICES AND
SCHEDULE OF BILLING RATES
CN SCHOOL AND OFFICES SOLUTIONS, INC. Page A-1
N 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
NIPA
#P15 -150 -DT
A. SQUAD
1
KIMBALL TRAXX AND FOOTPRINT as
2,984.65
2,984.65T
ROOM
COMPONENTS TO CREATE WORKSURFACE
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 37"H 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 -POI -SF. SHUTTLE SIDE as
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. as
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 -P01 -SF. SHUTTLE SIDE as
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-Xl75K2GL DOCK as
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
N 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
325369A
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
$1,691.00, 53% OFF LIST.
Subtotal
Sales Tax (7.76%)
Total
Page 2
C 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
J.
5
KIMBALL ea
553.00
2,765.00T
K56TM UFA—BBPRM-2-10942-4D-S4 LSL-097-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 as
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 as
2,785.00
2,785.00T
LIGHTS FOR ALL OVERHEADS, LED WITH 1
OCCUPANCY SENSOR PER STATION,
TASKLIGHTS GANG. IIST $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 (7.76%)
Total
Page 3
N 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
325369A
Date
Lead Time/ ARO Sales Rep
2/28/2018
LEEANN
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.
O. 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 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
3,004.10T
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
N 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
ShipTo:
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
Q.
1
KIMBALL CONFERENCE TABLE 48"DX96"L ea
3,379.06
3,379.06T
WITH ONE RECESSED FLIP TOP
POWERIDATA 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"Wx3O"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
HEIGHT/WIDTH 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
jk'j"t CU LV E R- N E W L I N 326359A
lkii F U fl N I T U fl E F O O S C H O O L S & F F C E S
520E. RINCON STREET SUITE 102 1 CORONA, CA 92877 9
TEL: 949.597.0123 1 FAX: 949.855.9577
Sold To:
Ship To:
NEWPORT POLICE DEPARTMENT
NEWPORT POLICE DEPARTMENT
870 SANTA BARBARA DR.
870 SANTA BARBARA DR.
NEWPORT BEACH, CA 92660
NEWPORT BEACH, CA 92660
LISA NEWMAN
949-644-3655
Date
Lead Time/ ARO
Sales Rep
2/28/2018
LEEANN
Alpha.
Qty
Model #/Description
Unit Price
Total
U. RECEPTION
1
KIMBALL CETRA COMPONENTS TO CREATE as
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 PEDS, 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 as
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 as
553.00
553.00T
WITH PREMIUM BLACK MESH BACK AND
FRAME, 4D HEIGHTANIDTH 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 as
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 as
463.89
463.89T
CANYON OAK WOOD. LIST $987.00, 53%
OFF.
Subtotal
Sales Tax (7.76%)
Total
Page 6
N CULVER-NEWLIN
FURNITURE FOR SCHOOLS 6 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
325369A
Date Lead Time/ ARO
. Sales Rep
2/28/2018
LEEANN
Alpha.
Qty
Model #/Description
Unit Price
Total
Z.. INTERVIEW
2
KIMBALL VILLA CLUB CHAIR WITH ARMS, as
1,104.05
2,208.10T
ROOM
SOFT SEAT CUSHION, WOOD FEET, FULLY
UPHOLSTERED IN DOLCE METEOR, LIST
$2,349.00, 53% OFF.
Al
1
KIMBALL VILLA THREE SEATER COUCH as
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 as
608.18
608.18T
AND WOOD COFFEE TABLE 24"x47', WOOD
TO MATCH RECEPTION DESK. LIST
$1,294.00, 53% OFF.
Ci
1
KIMBALL DEFINITION 18'X24" END TABLE IN ea
468.59
468.59T
CANYON OAK LAMINATE/ WOOD MIX FOR
DURABILITY. LIST $997.00, 63% OFF.
D1. INTERVIEW
1
KIMBALL MEETING TABLE 24"x47' WITH as
631.51
631.51T
ROOM 138
TAUPE METALLIC METAL BLADE T -LEG
BASES, CANYON OAK LAMINATE WITH
BANDED EDGE. LIST $1,343.65,53%OFF.
E1
3
9 TO 5 SHUTTLE SIDE CHAIR WITH SILVER as
228.00
684.00T
METAL FRAME, ARMS, FULLY
UPHOLSTERED IN LEATHERETTE. LIST
$530.00.
Subtotal
Sales Tax (7.76%)
Total
Page 7
N CULVER-NEWLIN
FURNITURE FOR SCHOOLS 6 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.
City
Model #/Description
Unit Price
Total
Ft. SIU
1
KIMBALL CETRA COMPONENTS TO CREATE as
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 FILE/STORAGE 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 as
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 as
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 as
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
N CULVER-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
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
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 (7.76%)
Total
Page 9
N 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
M1
DETECTIVES
1
KIMBALL CETRA COMPONENTS, 8 WIRE/4 ea
CIRCUIT TITLE 24 POWER COMPLIANT WITH
139,073.57
139,073.57T
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 PECS, 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
18"46"x42"H, HINGED DOORS WITH
724.03
2,172.09T
ADJUSTABLE SHELVES INSIDE, METALLIC
TAUPE PAINT. LIST $1,540.50, 53% OFF.
Subtotal
Sales Tax (7.75%)
Total
Page 10
N 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
01.
4
KIMBALL LF SERIES 3 DRAWER LATERAL as
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. 18"Dx36"W. CANYON
OAK LAMINATE WITH BANDED EDGE. LIST
$350.00,53% OFF.
Q1
2
KIMBALL LF SERIES 30"Wx42"H METAL as
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 as
2,154.40
2,154.40T
FOR CUSTOM FILE ISLAND BETWEEN
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.
St.
21
KIMBALL K56TMUFA-C46. JOYA ERGO CHAIR as
553.00
11,613.00T
WITH BLACK FRAME, PREMIUM BLACK
MESH, 4DHEIGHT/WIDTHADJUSTABLE
ARMS AND ARM PADS, SEAT SLIDER,
POLISHED ALUMINUM BASE. FABRIC SEAT.
LIST $1,177.00, 53% OFF.
T1
1
DESIGN FEE as
3,800.00
3,800.00T
U1
1
LABOR AND MATERIAL PAYMENT BOND AND as
12,800.02
12,800.02T
FAITHFUL PERFORMANCE BOND FOR
INSURANCE REQTUIREMENTS FOR CITY OF
NEWPORT BEACH
Subtotal
Sales Tax (7.75%)
Total
Page 11
N CULVER-NEWLIN
FURNITURE FOR SCHOOLS & OFFICES
520E. 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.
City
Model #/Description
Unit Price
Total
V1
1
PREVAILING WAGE INSTALL. DELIVER AND ea
INSTALL DURING NORMAL BUSINESS
43,160.00
43,160.00T
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
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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
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
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.
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.
I. 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
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3/9/18 Dept./Contact Received From: Thu
Date Completed: 4/12/18 Sent to: Thu By: Jan
Company/Person required to have certificate: CN School & Office Solutions
Type of contract: Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/26/17-5/26/18
A.
INSURANCE COMPANY: Travelers Casualty Insurance Company
of America
B.
AM BEST RATING (A-: VII or greater): A++ / XV
INSURANCE COMPANY: Travelers Casualty Insurance Company
C.
ADMITTED Company (Must be California Admitted):
B.
AM BEST RATING (A-: VII or greater) A++ / XV
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
$IM/$2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
N Yes
include): Is it included? (completed Operations status does
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
COMPLETED OPERATIONS ENDORSEMENT (completed
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
N/A
its officers, officials, employees and volunteers): Is it
F.
ADDITIONAL INSURED WORDING:
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
® N/A
❑ Yes
is not limited solely by their negligence) Does endorsement
I.
NOTICE OF CANCELLATION:
include "solely by negligence' wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/28/17-5/28/18
A.
INSURANCE COMPANY: Travelers Casualty Insurance Company
of America
B.
AM BEST RATING (A-: VII or greater) A++ / XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes
❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A
® Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
® Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
® N/A
❑ Yes
❑ No
I.
NOTICE OF CANCELLATION:
0 N/A
0 Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 5/26/17-5/26/18
A.
INSURANCE COMPANY: Everest National Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+/ XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
4/12/18
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.