Loading...
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. CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 2 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 CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 3 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 CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 4 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 CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 6 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 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 CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 8 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. CN SCHOOL AND OFFICES SOLUTIONS, INC. Page 10 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 T W� NII 0 G ' pplCryry�',i ' cIry�ry MI! ' yIH �1 0 IIS _ hi Dim II SII � low 1 TI -I ail 0�0�@ Ib III _, t; s� 'Fy9 aq 4 It u4Ag ei � II JiA I Iib Ill ld, ii iSi y `F� � iii iM C , 3°l�lia 4a F G1^r YW ' pplCryry�',i ' cIry�ry MI! ' yIH �1 0 IIS _ hi Dim II SII � low 1 TI -I ail 0�0�@ Ib III _, t; I - u a m _ a� wru ruuuie.n ma rr � rv.vruwrae arae y � a - r "'� 3 gnaw w°v"i w; •�i.w�aoi'«w r �� suuwrw.i xnm ne 41- r� re 4kR Q _ r�I nl e r r - m gg i 9 - OI .❑ e .menu eo SQUAD ROOM 10 i aED MIN M7iPta 41129 dlIZ9 Rl[4�1 411$9 dlli9 Pa[4R dI R9 r r J 4 'Al�jr @ 9 f'II1]> d1129 1TCUR dlIZ9 dlli9 � Ii 41129 dllt9 �am[a dl Ld InI�n'I d mm ll 41129 .. 411 Z9 41129 MF4` R 411Ndll i9 MYRaR dlli9 Y L1 ,u e dlli9 .. d1129 41129 d.ug dll$9—a dllt9 62IIPA]L 6SIIPAID 9llrt 6ZIIP.A20 6211PAW ❑ a a ❑ ❑ ❑ ❑ 50]A M37A 541]A 5tl11A 6vrl« 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.