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HomeMy WebLinkAbout2024-03-12; City Council; ; Agreement with Spacesaver Intermountain, LLC for additional lockers and revising the men’s locker room layout at the Police & Fire HeadquartersCA Review GH Meeting Date: March 12, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Steven Stewart, Municipal Projects Manager steven.stewart@carlsbadca.gov, 442-339-2938 Mickey Williams, Police Chief mickey.williams@carlsbadca.gov, 442-339-2130 Subject: Agreement with Spacesaver Intermountain, LLC for additional lockers and revising the men’s locker room layout at the Police & Fire Headquarters District: 2 Recommended Action Adopt a resolution authorizing execution of an agreement with Spacesaver Intermountain, LLC to provide additional lockers for the Police and Fire Headquarters Renovation Project and revise the men’s locker room layout and authorizing an additional appropriation in the amount of $157,160 from the General Capital Construction fund for the project. Executive Summary New lockers were installed in the Police Department’s men’s and women’s locker rooms as part of the renovation of the Police & Fire Headquarters, at 2560 Orion Way. However, due to an oversight by the vendor and its employee turnover, the vendor installed an incorrect number of lockers in the men’s locker room, 92 instead of 144, too few to meet the department’s needs. Staff have worked with the vendor, Spacesaver Intermountain, LLC, to revise the locker room layout, modifying or replacing some larger lockers with smaller ones and ordering additional lockers, to get the most use out of the lockers the city has purchased and limit the cost of the additional lockers that are now needed. The cost of providing the 52 additional lockers needed and to revise the men’s locker room layout has been negotiated to an amount not to exceed $157,160. This includes the not-to- exceed amount of $133,085 for the purchase of the additional lockers and a not-to-exceed amount of $24,075 for the installation labor. (The proposed agreement covers the $133,085 material cost of the lockers. The labor will be covered by a separate public works contract that staff will issue when the lockers are scheduled to be delivered.) Staff are requesting City Council approval of an agreement with Spacesaver Intermountain, LLC to incorporate this work into the Police and Fire Headquarters Renovation Project and of an March 12, 2024 Item #6 Page 1 of 34 additional appropriation in the amount of $157,160 from the General Capital Construction fund to the Police and Fire Headquarters Renovation Project for the materials and labor needed to correct the locker installation at the Police Department men’s locker room. The City Council’s approval is required under Carlsbad Municipal Code Section 3.28.070(D) because these goods and services will cost more than $100,000. Explanation & Analysis •The City Council authorized the construction of the Police and Fire Headquarters Renovation Project, Capital Improvement Program Project No. 4715, on Oct. 19, 2021, (Resolution No. 2021-236) with construction beginning the following December. •Subsequently, GoForth & Marti, d.b.a. G/M Business Interiors, provided a quote from Spacesaver for the purchase of 92 lockers for the men’s locker room. •The City Council approved purchasing these lockers along with some additional furnishings for the project on May 23, 2023 (Resolution No. 2023-134). In October 2023, during the installation of the lockers, staff became aware that the number of lockers in the men’s locker room was inadequate to meet the needs of the Police Department. Staff recently discovered that the vendor changed the locker count for the men’s locker room during the design process due to space constraints in the locker room but failed to inform the city. Staff have reviewed this oversight with GoForth & Marti and Spacesaver and have negotiated a price for the additional lockers and their reconfiguration in the men’s locker room. Staff have obtained a quote from Spacesaver to provide the remaining lockers needed and to install them for a total amount not to exceed $157,160. (Exhibit 2). The cost of the lockers is based on a cooperative purchasing agreement through Sourcewell Contract No. 010920 SPC, Exhibit 4, which guarantees government agencies low, competitive pricing.1 Carlsbad Municipal Code Section 3.28.100 allows the city’s Purchasing Officer to join with other public or quasi-public agencies in cooperative purchasing plans or programs for the purchase of goods and/or services by agreement, as allowed by law and as determined by the Purchasing Officer to be in the city’s best interest. The Purchasing Officer may buy directly from a vendor at a price established by another public agency when the other agency has established its agreement in a competitive manner. The Purchasing Officer has determined that it is in the city’s best interest to procure the lockers through a cooperative agreement and approved a bidding exemption on Feb. 28, 2024. (Exhibit 3) 1 Cooperative purchasing is when an agency uses an existing procurement contract from another agency as the justification and documentation to create its own contract to purchase the same or similar items or services directly from the vendor. Government agencies often use such cooperatives to reduce their costs of procurement. March 12, 2024 Item #6 Page 2 of 34 Fiscal Analysis Though funding is available in the project budget to support the value of this agreement as shown in the table below, an additional appropriation of $157,160 from the General Capital Construction fund is requested because the available project budget is anticipated to be used for remaining work, contingency and support and staff costs on the Police and Fire Headquarters Renovation Project. Police and Fire Headquarters Renovation Project Capital Improvement Program Project No. 4715 Total project appropriation to date $27,714,842 Total expenditures/encumbrances to date -$22,568,825 Total available balance $5,146,017 Construction budget for remaining work (estimated) -$3,972,000 Construction contingency (unencumbered) -$562,603 Agreement and contract total with Spacesaver -$157,160 Soft costs (inspection and testing, staff and consultant time) -$611,414 Total remaining project costs -$5,303,177 Additional appropriation requested $157,160 Next Steps Upon City Council authorization, the City Manager or designee will provide additional appropriation to Capital Improvement Program Project No. 4715 from the General Capital Construction Fund. Staff will then complete execution of an agreement with Spacesaver and place the locker order. Once a shipping date is confirmed for the lockers, staff will prepare a minor public works contract for the installation work. Spacesaver has indicated that procuring the lockers is expected to take 14-16 weeks. Installation of the lockers in the men’s locker room is expected to occur by the end of August 2024. Environmental Evaluation The City Planner has determined the project is exempt from the California Environmental Quality Act, under Guidelines Section 15301(a), which applies to interior or exterior alterations in existing facilities, such as interior partitions, plumbing and electrical conveyances. No exception to the exemption in Guidelines section 15300.2 applies to this project. Exhibits 1.City Council resolution 2.Spacesaver installation quote 3.Purchasing Officer’s cooperative purchase memorandum 4.Sourcewell Agreement with Spacesaver March 12, 2024 Item #6 Page 3 of 34 RESOLUTION NO. 2024-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH SPACESAVER INTERMOUNTAIN, LLC TO PROVIDE ADDITIONAL LOCKERS FOR THE POLICE AND FIRE HEADQUARTERS RENOVATION PROJECT AND REVISE THE MEN'S LOCKER ROOM LAYOUT AND AUTHORIZING AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $157,160 FROM THE GENERAL CAPITAL CONSTRUCTION FUND FOR THE PROJECT WHEREAS, staff have evaluated the current condition of existing fixtures and building furnishings and found them to be inadequate in quantity and functionality and has determined the need for additional lockers for the Police and Fire Headquarters Renovation Project, Capital lmprovement Program Project No. 4715, and WHEREAS, Carlsbad Municipal Code Section 3.28.100 allows for procurement of goods and/or services through cooperative purehase agreements established by another agency when that agency has made their purehase in a competitive manner and the city's Purchasing Officer has determined that the purehase is in the city's best interest; and WHEREAS, CMC Section 3.28.100 also provides that the city's Purchasing Officer has the authority to join with ether public agencies in the cooperative purchasing of such goods and/or services as long as the cost of services is at and below the contract price established by the ether public agency; and WHEREAS, Spacesaver lntermountain, LLC, or Spacesaver, is an authorized distributor of locker produets and has an established cooperative purchasing agreement with Sourcewell Contract No. 010920 SPC, to provide and install lockers; and WHEREAS, the city received a negotiated quote from Spacesaver to provide the city with additional lockers for the project for purehase through a cooperative purehase agreement competitively selected and priced, in an amount not to exceed $133,085; and WHEREAS, the city's Purchasing Officer has determined that it is in the city's best interest to procure the additional lockers for the men's locker room for the project using pricing established through a cooperative purehase agreement; and WHEREAS, staff have also received a negotiated quote from Spacesaver to provide installation services for the new lockers to maintain produet warranty for the new lockers, in an amount not to exceed $24,075; and Exhibit 1 March 12, 2024 Item #6 Page 4 of 34 WHEREAS, additional appropriation in the amount of $157,160 from the General Capital Construction fund is requested for the additional work in the men's locker room; and WHEREAS, the City Planner has determined that the Project is exempt from the California Environmental Quality Aet, or CEQA, under Guidelines Section 15301(a), which applies to interior or exterior alterations in existing facilities, such as interior partitions, plumbing and electrical conveyances, and no exception to the exemption as set forth in CEQA Guidelines section 15300.2 applies to this Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the purehase of additional lockers from Spacesaver in an amount not to exceed $133,085 is approved. 3.That the Mayor is authorized and directed to execute the agreement for locker procurement and delivery with Spacesaver lntermountain, LLC attached hereto as Attachment A. 4.That the City Manager or designee is authorized to appropriate $157,160 from the General Capital Construction fund to CIP Project No. 4715 for the material cost of the lockers in an amount not to exceed $133, 085, and for a minor public works contract for the locker installation in an amount not to exceed $24,075. March 12, 2024 Item #6 Page 5 of 34 PASSE 0, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of March, 2024, by the following vote, to wit: AYES: NAVS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) March 12, 2024 Item #6 Page 6 of 34 Wl ir DocuSign Envelope ID: ESAF9EB9-8FEE-4CEE-93FC-O99E45ASFEC4 AGREEMENT FOR GYM LOCKER PROCUREMENT AND DELIVERY SPACESAVER INTERMOUNTAIN, LLC THIS AGREEMENT is M 0,x@ municipal corporation ("City") company ("Contractor"). made and entered into as of the \ ?-:1\, day of 2024, by and between the City of Carlsbad, California, a and Spacesaver lntermountain, LLC, a Utah limited liability RECITALS A.City requires the services of a consultant that is experienced in locker procurement and delivery. B.Contractor has the necessary experience in providing services and advice related to locker procurement and delivery. C.Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed du ring the initial Agreement term shall not exceed one hundred thirty-three thousand eighty-fouir dollars and eleven cents ($133,084.11). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent {10%) retention until City has accepted the work and/or Services specified in Exhibit "A." lncremental payments, if applicable, should be made as outlined in attached Exhibit "A." Page 1 City Attorney Approved Version 12/22/2023 Attachment A PSA24-2379FAC March 12, 2024 Item #6 Page 7 of 34 PSA24-2379FAC Page 2 City Attorney Approved Version 12/22/2023 6.PUBLIC WORKS 6.1 Prevailing Wage Rates. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 6.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number. 7.CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. DocuSign Envelope ID: E5AF9EB9-8FEE-4CEE-93FC-D99E45A5FEC4 March 12, 2024 Item #6 Page 8 of 34 PSA24-2379FAC Page 3 City Attorney Approved Version 12/22/2023 8.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 9.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 10.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11.INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 12.INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, DocuSign Envelope ID: E5AF9EB9-8FEE-4CEE-93FC-D99E45A5FEC4 March 12, 2024 Item #6 Page 9 of 34 PSA24-2379FAC Page 4 City Attorney Approved Version 12/22/2023 employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than “A-:VII”; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 12.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 12.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. DocuSign Envelope ID: E5AF9EB9-8FEE-4CEE-93FC-D99E45A5FEC4 March 12, 2024 Item #6 Page 10 of 34 PSA24-2379FAC Page 5 City Attorney Approved Version 12/22/2023 12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 13.BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14.ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 15.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 16.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. /// /// /// /// /// /// DocuSign Envelope ID: E5AF9EB9-8FEE-4CEE-93FC-D99E45A5FEC4 March 12, 2024 Item #6 Page 11 of 34 PSA24-2379FAC Page 6 City Attorney Approved Version 12/22/2023 17.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City For Contractor Name Steven Stewart Name Sunday Pearl Title Municipal Projects Manager Title Project Manager Department Public Works Address 8969 Kenamar Drive, Ste. 101 City of Carlsbad San Diego, CA 92121 Address 1635 Faraday Ave. Phone No. 844-800-6014 Carlsbad, CA 92008 Email spearl@SpacesaverIM.com Phone No. 442-339-2938 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 18.CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19.GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. DocuSign Envelope ID: E5AF9EB9-8FEE-4CEE-93FC-D99E45A5FEC4 March 12, 2024 Item #6 Page 12 of 34 PSA24-2379FAC City Attorney Approved Version 12/22/2023 Page 7 20.CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 23.TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 24.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award DocuSign Envelope ID: E5AF9EB9-8FEE-4CEE-93FC-D99E45A5FEC4 March 12, 2024 Item #6 Page 13 of 34 PSA24-2379FAC City Attorney Approved Version 12/22/2023 Page 8 or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 25.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26.JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 27.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 28.ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 29.AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. [signatures on following page] DocuSign Envelope ID: E5AF9EB9-8FEE-4CEE-93FC-D99E45A5FEC4 March 12, 2024 Item #6 Page 14 of 34 DocuSign Envelope ID: E5AF9EB9-8FEE-4CEE-93FC-D99E45A5FEC4 PSA24-2379FAC Executed by Contractor this __ 23 ___ day of __ F_e_b_ru_a_r_Y _____ _, 2024. CONTRACTOR SPACESAVER INTERMOUNTAIN, LLC, a Utah limited liability company By: (sign here) Russ Rowberry, Controller (print name/title) By: (sign here) Sunday Pearl, Vice President of Sales, Principal (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By iav Keith Blackburn, Mayor ATTEST: SHERRY FREISINGER, City Clerk By: Deputy City Clerk lf required by City, proper notarial acknowledgment of execution by contractor must be attached. !f.E. corporation, Agreement must be signed by one corporate officer from each of the foliowing two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: --=-/;i._\.u.;,,_,;_-=-�'-'-'-'----'-'-�----­Assistant City Attorney City Attorney Approved Version 12/22/2023 Page 9 March 12, 2024 Item #6 Page 15 of 34 PSA24-2379FAC City Attorney Approved Version 12/22/2023 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE Spacesaver Intermountain, LLC shall fabricate and deliver new drawers for 5 existing lockers and 88 new lockers with drawers such that upon completion of the installation work there will be 144 lockers in the Police and Fire Headquarters mens’ locker room. The materials to be procured and delivered are identified on Exhibit “A,” dated February 12, 2024. DocuSign Envelope ID: E5AF9EB9-8FEE-4CEE-93FC-D99E45A5FEC4 March 12, 2024 Item #6 Page 16 of 34 Proposal Spacesaver Intermountain, LLC 8969 Kenamar Drive Suite 101 San Diego, CA 92121 Quote/Order No 124419 Date 02/12/2024 Customer PO No Customer Account CARLSBAD POLICE DEPARTMEN Sales Associate CASEY COLE Project Number Page T O CARLSBAD POLICE DEPARTMENT 2560 ORION WAY CARLSBAD, CA 92010 ATTN: ACCOUNTS PAYABLE S H I P T O CARLSBAD POLICE DEPARTMENT 2560 ORION WAY CARLSBAD, CA 92010 ATTN: STEVEN STEWART Phone: 760-317-3508 Prepared for : CASEY COLE Group Quantity Description Unit Price Extended Amount 1. Men's Locker Rm 1.0 Revise men's locker room to accommodate (144) lockers per drawings 124419, dated 01/18/24. Revised layout is composed of existing and new lockers per the following: (88)New 18"W x24"Dx84"H single-tier lockers with locking drawer. (50)Existing 24"Wx 37"Dx84"H single-tier locker with bench drawer.(01) Existing 18"Wx24"Dx84"H with locking drawer. (05)Convert existing 24"Wx37"Dx84"H bench drawer lockers to 24"Wx24"Dx84"H locking drawer. Pricing per Sourcewell Contract No. 010920 SPC. Each locker will have sloped tops, hanger shelf, and electrical duplex. 110,347.73 110,347.73 2. Men's Locker Rm 1.0 Freight and Delivery 14,184.43 14,184.43 Bank Details: Wells Fargo Bank 420 Montgomery St. San Franscisco CA 94104 Bank Account:……..5762873718 Routing Number….124002971 SWIFT Code…………WFBIUS6S Please send remittance statement to: AR@HBWorkplaces.com SUB TOTAL:$124,532.16 SALES TAX:8,551.95 GRAND TOTAL:133,084.11 Exhibit A PSA24-2379FAC 1 DocuSign Envelope ID: E5AF9EB9-8FEE-4CEE-93FC-D99E45A5FEC4 March 12, 2024 Item #6 Page 17 of 34 1111 SPACESAVER INTERMDUNTAIN LLC Pr o j e c t # : 12 4 4 1 9 Dr a w n b y : A. M o r e n o Da t e P r i n t e d : 01 / 2 4 / 2 0 2 4 Sc a l e 1/ 2 " = 1 ' Re v l e v e l : op t 6 Pr o j e c t N a m e : Ca r l s b a d P o l i c e D e p t . AP P R O V A L Th i s d r a w i n g A p p r o v e d B y : Da t e d Co p y r i g h t © 2 0 2 4 S p a c e s a v e r C o r p o r a t i o n . T h i s m a t e r i a l i s p r o p r i e t a r y a n d c o n f i d e n t i a l , a n d t h e d i s c l o s u r e r e p r o d u c t i o n b y p h o t o g r a p h y , f i l m , b l u e p r i n t o r o t h e r w i s e o r i n c o r p o r a t i o n i n t o a n y i n f o r m a t i o n r e t r i e v a l s y s t e m w i t h o u t f i r s t r e c e i v i n g w r i t t e n a p p r o v a l f r o m Sp a c e s a v e r I n t e r m o u n t a i n L L C i s e x p r e s s l y p r o h i b i t e d b y l a w . COPYRIGHT © 2024 SPACESAVER CORPORATION. ALL RIGHTS RESERVED Op t i o n 6 R e n d e r i n g s PS A 2 4 - 2 3 7 9 F A C Ex h i b i t "A " (C o n t . ) Do c u S i g n E n v e l o p e I D : E 5 A F 9 E B 9 - 8 F E E - 4 C E E - 9 3 F C - D 9 9 E 4 5 A 5 F E C 4 March 12, 2024 Item #6 Page 18 of 3411 1 1 SP A C E S A V E R IN T E R M O U N T A I N LL C 24 9 So u t h 40 0 Ea s t (8 0 1 ) 36 3 - 5 8 8 2 ma i n Sa l t Lo k e Ci t y , UT 84 l l l (8 0 1 ) 35 9 - 4 3 2 6 fa x ww w . S p a c e s a v e r l M . c o m ~ ~I ri ( ) . , , , . (< ; . . , I. øs NI " ' ' c- ~ ob - . . - ;s 0 " ~ ~~ 0- ~( j - -- _\ _ " y' v ~- @~ ~ ~( j ~~ 00 Pr o j e c t # : 12 4 4 1 9 Dr a w n b y : A. M o r e n o Da t e P r i n t e d : 01 / 2 4 / 2 0 2 4 Sc a l e 1: 7 6 Re v l e v e l : op t 6 Pr o j e c t N a m e : Ca r l s b a d P o l i c e D e p t . AP P R O V A L Th i s d r a w i n g A p p r o v e d B y : Da t e d Co p y r i g h t © 2 0 2 4 S p a c e s a v e r C o r p o r a t i o n . T h i s m a t e r i a l i s p r o p r i e t a r y a n d c o n f i d e n t i a l , a n d t h e d i s c l o s u r e r e p r o d u c t i o n b y p h o t o g r a p h y , f i l m , b l u e p r i n t o r o t h e r w i s e o r i n c o r p o r a t i o n i n t o a n y i n f o r m a t i o n r e t r i e v a l s y s t e m w i t h o u t f i r s t r e c e i v i n g w r i t t e n a p p r o v a l f r o m Sp a c e s a v e r I n t e r m o u n t a i n L L C i s e x p r e s s l y p r o h i b i t e d b y l a w . COPYRIGHT © 2024 SPACESAVER CORPORATION. ALL RIGHTS RESERVED F 4 ST F 5-E ST F 4 INT F 4 ST EL F 5-E STEL F 5-E ST F 5-E STEL F 4 STST F 5-E STEL F 3-E INT F 5-E ST F 5-E STELINTSTEL F 4 STERSTER F 5-E ST F 4 ST F 5-E INT F 4 STST F 4 ST F 4 INT F 4 ST F 4 ST ELSTEL F 4 STST E F 4 STEL F 4 INT F 5-E ST ER F 4 INT F 4 ST F 4 INT E F 4 STEL F 4 INT F 5-E ST F 5-E ST ER F 4 ST F 4 ST F 4 INT F 4 INT F 4 INT CFL CFR F 5-E STERSTERSTER F 4 INT F 4 ST E F 4 STER F 4 ST E F 4 STER F 5-E ST ELSTEL E F 4 STER F 5-E STEL F 4 ST F 5-E ST ELINTSTEL F 4 ST F 5-E STERSTER F 5-E ST ELSTEL F 4 STER F 4 ST E F 4 STER F 4 INT F 3 ST EL F 4 ST F 4 ST F 5-E ST F 4 STERSTER F 4 INT F 4 INT F 5-E ST F 4 ST F 4 INT F 4 ST EL F 4 STST F 5-E ST ERSTERSTER F 4 ST ER F 4 ST E F 4 ST EL F 4 INT F 4 STER F 5-E ST F 5-E INT F 5-E ST F 4 INT F 5-E STEL F 4 STST E F 4 STEL F 5-E ST F 5-E ST F 4 ST F 3 - E INT F 4 INT F 4 INT F 4 ST F 5-E ST F 5-E ST ELSTEL F 5-E ST EL F 5-E ST F 5-E INT F 5-E STERSTER F 4 ST F 5-E ST F 4 ST F 5-E ST ER F 5-E ST F 4 ST F 4 ST ELSTEL F 4 INT F 4 ST F 4 ST F 4 INT F 5-E ST ER F 4 ST F 4 INT F 5-E INT F 4 ST ELSTEL F 3 - E ST EL F 5-E STEL F 4 INT F 5-E INT F 5-E INT F 5-E ST ER F 4 ST ER F 4 ST ER F 4 STERSTER F 5-E INT F 4 INT F 4 ST F 4 INT F 4 INT F 5-E INT F 4-E STER ELSTEREL F 4 STST F 4 INT F 4 ST F 4 ST ER F 4 ST F 4 INT F 5-E STEL F 5-E ST F 5-E INT F 4 ST F 4 ST EL F 3 ST F 4 INT F 5-E ST ER F 4 ST EL F 4 INT F 5-E STERSTER F 5-E INT F 4 ST EDS EDS EDS EDS EDS EDS EDS EDS EDS SH O W E R # 3 15 3 12 4 SH O W E R # 1 15 0 2 S F ME N LO C K E R S 14 7 S F Tag S e q u e n c e I n s t r u c t i o n s 00 1 - 1 4 4 12 5 SUPERV I S O R 42 S F VE S T 29 4 S F 10 8 ME N ' S Ex i s t i n g L o c k e r s w / N e w I n t e r n a l D r a w e r s 3'7 5 / 8 " 24 " 24 " 5'0 " 24 " OP T I O N 6 (0 5 ) 2 4 " x 2 4 " E x i s t i n g L o c k e r s w / N e w D r a w e r , F 3 (5 0 ) 2 4 " x 3 7 " E x i s t i n g B e n c h L o c k e r s , F 5 (8 8 ) 2 4 " x 1 8 " N e w L o c k e r s w / D r a w e r , F 4 (0 1 ) 2 4 " x 1 8 " E x i s t i n g L o c k e r s w / D r a w e r , F 4 (1 4 4 ) T O T A L L O C K E R S 24 " 48 " 41 " 3'9 7 / 8 " 10 ' 0 " 48 " 24 " 24 " 24 " 5'0 " 5'0 " P 37 1 / 8 " 3'1 1 1 / 4 " 37 1 / 8 " 60 3 / 8 " 37 1 / 8 " 37 1 / 8 " 40 " 61 1 / 8 " 24 " 30 " 12 ' 0 " 4'0 " 48 " 24 " 45 " 61 1 / 8 " 37 1 / 8 " 37 1 / 8 " 35 ' 7 1 / 8 " 3 P h a s e E l e c t r i c a l 72 " P o w e r F e e d L e n g t h 26 4 W a t t s p e r D u p l e x 2 D u p l e x e s p e r L o c k e r 6 C i r c u i t s p e r F e e d 3 L o c k e r s p e r C i r c u i t 24 " 3'9 " 37 1 / 8 " 24 " 4'0 " ES D = P o w e r L o c a t i o n = P o w e r L o c a t i o n 37 1 / 8 " 30 " 24 " 24 " 55 ' 8 1 / 8 " PS A 2 4 - 2 3 7 9 F A C Ex h i b i t "A " (C o n t . ) Do c u S i g n E n v e l o p e I D : E 5 A F 9 E B 9 - 8 F E E - 4 C E E - 9 3 F C - D 9 9 E 4 5 A 5 F E C 4 March 12, 2024 Item #6 Page 19 of 34m !~ I I I I I ~ ~ t ~ 7 ·1 • 1 li - r " 1~ . , , ~ , :i ~, ~ - iF: d M ? 1 li - r 1 1 li - r Il I m I r- ·1 r - li 'i il l 1 ~ I □ 11 1 1 SP A C E S A V E R IN T E R M O U N T A I N LL C 24 9 So uth 40 0 Ea s t Sal t Lo k e Ci t y , UT 84 l l l (8 0 1 ) 36 3 - 5 8 8 2 ma i n (801 ) 35 9 - 4 3 2 6 fa x ww w . S p ace s a v e r lM. c o m o« - o Pr o j e c t # : 12 4 4 1 9 Dr a w n b y : A. M o r e n o Da t e P r i n t e d : 01 / 2 4 / 2 0 2 4 Sc a l e 3/ 8 " = 1 ' Re v l e v e l : op t 6 Pr o j e c t N a m e : Ca r l s b a d P o l i c e D e p t . AP P R O V A L Th i s d r a w i n g A p p r o v e d B y : Da t e d Co p y r i g h t © 2 0 2 4 S p a c e s a v e r C o r p o r a t i o n . T h i s m a t e r i a l i s p r o p r i e t a r y a n d c o n f i d e n t i a l , a n d t h e d i s c l o s u r e r e p r o d u c t i o n b y p h o t o g r a p h y , f i l m , b l u e p r i n t o r o t h e r w i s e o r i n c o r p o r a t i o n i n t o a n y i n f o r m a t i o n r e t r i e v a l s y s t e m w i t h o u t f i r s t r e c e i v i n g w r i t t e n a p p r o v a l f r o m Sp a c e s a v e r I n t e r m o u n t a i n L L C i s e x p r e s s l y p r o h i b i t e d b y l a w . COPYRIGHT © 2024 SPACESAVER CORPORATION. ALL RIGHTS RESERVED F 4 F 5 F 3 H9 2 " 84 " x 2 4 " d 2 4 " H9 2 " 84 " x 2 4 " d 2 4 " H9 2 " 84 " x 1 8 " d 2 4 " Du p l e x O u t l e t w/ 2 R e c e p t a c l e s x8 9 3 P h a s e E l e c t r i c a l 72 " P o w e r F e e d L e n g t h 26 4 W a t t s p e r D u p l e x 2 D u p l e x e s p e r L o c k e r 6 C i r c u i t s p e r F e e d 3 L o c k e r s p e r C i r c u i t 20 " Op t i o n 6 E l e v a t i o n s Dr a w e r ( L o c k i n g ) x5 0 x5 Ad j . H a n g e r S h e l f 84 " 15 " 49 " PS A 2 4 - 2 3 7 9 F A C Ex h i b i t "A " (C o n t . ) Do c u S i g n E n v e l o p e I D : E 5 A F 9 E B 9 - 8 F E E - 4 C E E - 9 3 F C - D 9 9 E 4 5 A 5 F E C 4 March 12, 2024 Item #6 Page 20 of 34 ._ . § § § g ~ ~ 11 1 1 SP A C E S A V E R IN T E R M O U N T A I N LL C 24 9 So uth 40 0 Ea s t (8 0 1 ) 36 3 - 5 8 8 2 ma i n Sal t Lo k e Ci t y , UT 84 l l l (801 ) 35 9 - 4 3 2 6 fa x ww w . S p a c e s a v e r lM. c o m ~· ~( j ~~ 00 ._ . ~ ~< v < : ) ~0 < v 0 C; ; , ~ Proposal Spacesaver Intermountain, LLC 8969 Kenamar Drive Suite 101 San Diego, CA 92121 Quote/Order No 124419 Date 02/12/2024 Customer PO No Customer Account CARLSBAD POLICE DEPARTMENT Sales Associate CASEY COLE Project Number Page 1 of 4 T O CARLSBAD POLICE DEPARTMENT 2560 ORION WAY CARLSBAD, CA 92010 ATTN: ACCOUNTS PAYABLE S H I P T O CARLSBAD POLICE DEPARTMENT 2560 ORION WAY CARLSBAD, CA 92010 ATTN: STEVEN STEWART Phone: 760-317-3508 Prepared for : CASEY COLE Group Quantity Description Unit Price Extended Amount 3. Men's Locker Rm 1.0 Installation and Reconfiguration. Installation to be performed using prevailing wages and assumes standard install hours of M-F 7am - 5pm. Does not include electrical connections which will need to be made by a licensed electrician. 22,343.75 22,343.75 Bank Details: Wells Fargo Bank 420 Montgomery St. San Franscisco CA 94104 Bank Account:……..5762873718 Routing Number….124002971 SWIFT Code…………WFBIUS6S Please send remittance statement to: AR@HBWorkplaces.com SUB TOTAL:$22,343.75 SALES TAX:1,731.64 GRAND TOTAL:24,075.39 Exhibit 2 March 12, 2024 Item #6 Page 21 of 34 1111 SPACESAVER INTERMDUNTAIN LLC                                               ! "    "   #  $        %  &                  ! ' (  ) *+  ,        -   # #   "    .                                                                                                                                                                                                                                        ! !     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Sa l t Lo k e Ci t y , UT 84 1 1 1 (8 0 1 ) 36 3 - 5 8 8 2 ma in (8 0 1 ) 35 9 - 4 3 2 6 fa x ww w . S p a c e s a v e r l M . c o m t 0~ 0 Il !I l il l ~                                          / 2     ! "    "   #  $        %  &                  ! ' (  ) *+  ,        -   # #   "    .                                                                                                                                                                                                                                        ! !     "                       #$%& '(  $)*)+*& #&$#&) #, )!! & '( &**&+*-        !  " 2  =     !  " 2  =     !  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S p a c e s a v e r l M . c o m K'. <f : ' 0 ~~ 0 0 ._ . ~ ~ $ x ) ~ ~ ~< v Q - y 0 . ~ ~ ~ 0 0 Proposal Spacesaver Intermountain, LLC 8969 Kenamar Drive Suite 101 San Diego, CA 92121 Quote/Order No 124419 Date 02/12/2024 Customer PO No Customer Account CARLSBAD POLICE DEPARTMEN Sales Associate CASEY COLE Project Number Page 1 of 3 T O CARLSBAD POLICE DEPARTMENT 2560 ORION WAY CARLSBAD, CA 92010 ATTN: ACCOUNTS PAYABLE S H I P T O CARLSBAD POLICE DEPARTMENT 2560 ORION WAY CARLSBAD, CA 92010 ATTN: STEVEN STEWART Phone: 760-317-3508 Prepared for : CASEY COLE Group Quantity Description Unit Price Extended Amount 1. Men's Locker Rm 1.0 Revise men's locker room to accommodate (144) lockers per drawings 124419, dated 01/18/24. Revised layout is composed of existing and new lockers per the following: (88)New 18"W x24"Dx84"H single-tier lockers with locking drawer. (50)Existing 24"Wx 37"Dx84"H single-tier locker with bench drawer.(01) Existing 18"Wx24"Dx84"H with locking drawer. (05)Convert existing 24"Wx37"Dx84"H bench drawer lockers to 24"Wx24"Dx84"H locking drawer. Pricing per Sourcewell Contract No. 010920 SPC. Each locker will have sloped tops, hanger shelf, and electrical duplex. 110,347.73 110,347.73 2. Men's Locker Rm 1.0 Freight and Delivery 14,184.43 14,184.43 Bank Details: Wells Fargo Bank 420 Montgomery St. San Franscisco CA 94104 Bank Account:……..5762873718 Routing Number….124002971 SWIFT Code…………WFBIUS6S Please send remittance statement to: AR@HBWorkplaces.com SUB TOTAL:$124,532.16 SALES TAX:8,551.95 GRAND TOTAL:133,084.11 Buyer agrees to purchase the goods and services described on this and all preceding pages, in accordance with the TERMS AND CONDITIONS on the following page, including but not limited to the “Payment” and “Default, Interest and Fees” provisions. This proposal is only an offer to purchase and is not binding upon the SELLER until accepted by the SELLER in writing. This proposal is valid for 30 days unless noted otherwise. SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES. SIGNATURE:____________________________________________ PRINT NAME:___________________________________________ DATE:_____________________________ TITLE:_____________________________ March 12, 2024 Item #6 Page 25 of 34 1111 SPACESAVER INTERMDUNTAIN LLC Proposal Spacesaver Intermountain, LLC 8969 Kenamar Drive Suite 101 San Diego, CA 92121 Quote/Order No 124419 Date 02/12/2024 Customer PO No Customer Account CARLSBAD POLICE DEPARTMEN Sales Associate CASEY COLE Project Number Page 2 of 3 SPACESAVER INTERMOUNTAIN, LLC TERMS AND CONDITIONS PAYMENT Merchandise will be invoiced upon delivery. If there is to be more than one delivery of merchandise, an invoice will be issued upon the first delivery. Buyer agrees to pay each invoice within ten days of the invoice date. No payment shall be withheld on any invoice because partial delivery of the entire order. In the event of a project delay, merchandise will be invoiced upon delivery of product into storage. Any security deposit is non-refundable. If payments are in default, Spacesaver Intermountain, LLC (SI) shall have the option of declaring the remaining unpaid purchase price due and payable and may elect to recover merchandise and take judgment for deficiency after public or private sale including interest, collection costs and attorney fees. SECURITY INTEREST Buyer hereby grants Spacesaver Intermountain, LLC a security interest in all merchandise sold under this order to secure full payment of the purchase price and all other obligations of Buyer under this agreement. A copy of this agreement may be filed as a financing statement. Buyer’s signature hereon authorizes SI to execute such financing statements on Buyer’s behalf as may be required by the State. INSTALLATION DATE (a) The installation date is agreed upon for the purpose of specifying delivery dates of merchandise ordered from manufacturers. Although SI will use its best efforts to expedite timely delivery, it cannot guarantee that merchandise will arrive from manufacturers as specified, and SI shall not be liable for ordered merchandise not arriving timely. (b) Buyer shall provide or pay for all storage of ordered merchandise necessary after the Installation Date, and for all costs of moving such merchandise to and from storage after the Installation Date. INSTALLATION TERMS Delivery and Installation shall be made by SI personnel, or its subcontractor, during normal working hours or at other hours by special arrangement. Buyer shall pay additional labor costs resulting from off-hour or overtime work performed at Buyer’s request or from required use of labor other than SI personnel or its authorized subcontractor. Buyer shall provide, at Buyer’s cost, electricity, heat, hoisting and elevator service and adequate facilities for off-loading, staging, moving and handling of merchandise. The job site shall be clean and free of obstruction for installation. Finished floor coverings (ie. carpet, tile, etc.) must be removed and subfloor clear and free for grouted mobile rail installation. Buyer shall pay any special packaging or handling costs not contained in the specifications. INSURANCE AND RISK OF LOSS All risk of loss shall pass from SI to Buyer upon delivery of merchandise to Buyer or upon delivery of merchandise into storage for the account of Buyer after the installation date, whichever comes first. For the purposes of this paragraph five only, the term “merchandise” shall include any property owned by or under control of SI delivered to or for the benefit of Buyer, whether purchased by Buyer or delivered to Buyer on approval. Buyer shall carry fire and casualty insurance in an amount sufficient to insure the value of the merchandise at the delivery site or at the storage site. TAXES AND FREIGHT Prices do not include any applicable sales, use, excise, or other taxes which, if applicable, Buyer shall pay and which shall be added to the sales price at time of invoicing. Buyers exempt from taxes shall furnish certificates of exemption upon execution of this agreement. Freight charges are F.O.B. job site unless otherwise indicated. CANCELLATION AND CHANGES This agreement, once executed by SI and Buyer, cannot be cancelled or modified except by a writing signed by both parties. Changes made in the agreement which result in increased charges shall be for the account of the Buyer. Specialty storage products are built to order and in many cases are either non-cancellable or require significant cancellation charges after an order is placed. The minimum cancellation fee will be equal to 30% of product cost plus any additional costs associated with each manufacturer. No storage products or other specially ordered items can be cancelled or returned after the manufacturer begins production. Prices and quantities of storage products and other items measured from blueprints or otherwise estimated are subject to change upon field measurement at the expense of the Buyer. FLOORS BUYER is responsible for the load bearing capacity of the floor upon which the proposed installation shall be constructed. Finished floor coverings are not included unless otherwise noted. SURVEYS, PERMITS, AND REGULATIONS BUYER shall procure and pay for all permits, inspections, and/or structural calculations required by any governmental authority for any part of the work performed by Spacesaver intermountain, LLC, except if stated otherwise. WARRANTIES AND CLAIMS (a) SI warrants for a period of one year from delivery that the manufacturer is free from defects in workmanship and materials, and that it will repair or replace defective merchandise, at its cost, within a reasonable time, subject to availability of replacement merchandise. No other warranties, expressed or implied, are granted hereunder. No warranty in addition to the foregoing expressed warranties, whether expressed or implied, made by any employee or agent of SI shall be valid unless reduced to writing and signed by an officer of SI. TO THE EXTENT ALLOWED BY LAW, ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, IS LIMITED TO THE PERIOD OF ONE YEAR FROM THE DATE OF DELIVERY. (b) Buyer shall inspect the merchandise upon delivery. Acceptance of delivery constitutes acceptance of the merchandise as delivered. Any warranty claims for latent defects not discoverable upon reasonable inspection must be made in writing within the warranty period. DEFAULT, INTEREST AND FEES Buyer shall pay interest at the rate of 18% per annum on all payments in default, and shall pay all reasonable costs, expenses and attorneys’ fees incurred by SI in enforcing the terms of this agreement. ENTIRE AGREEMENT; CONTROLLING LAW This agreement constitutes the entire agreement between the parties. Buyer is relying solely upon the terms of this agreement, and not upon any oral or written statements, whether of SI, its officers, employees or agents, of any manufacturer, or any other person whatsoever on entering into this agreement. This agreement shall be interpreted and enforced under the laws of the State of Utah. March 12, 2024 Item #6 Page 26 of 34 1111 SPACESAVER INTERMDUNTAIN LLC Proposal Spacesaver Intermountain, LLC 8969 Kenamar Drive Suite 101 San Diego, CA 92121 Quote/Order No 124419 Date 02/12/2024 Customer PO No Customer Account CARLSBAD POLICE DEPARTMEN Sales Associate CASEY COLE Project Number Page 3 of 3 I have read and understand these terms and conditions:_______________________________________________ March 12, 2024 Item #6 Page 27 of 34 1111 SPACESAVER INTERMDUNTAIN LLC Pr o j e c t # : 12 4 4 1 9 Dr a w n b y : A. M o r e n o Da t e P r i n t e d : 01 / 2 4 / 2 0 2 4 Sc a l e 1/ 2 " = 1 ' Re v l e v e l : op t 6 Pr o j e c t N a m e : Ca r l s b a d P o l i c e D e p t . AP P R O V A L Th i s d r a w i n g A p p r o v e d B y : Da t e d Co p y r i g h t © 2 0 2 4 S p a c e s a v e r C o r p o r a t i o n . T h i s m a t e r i a l i s p r o p r i e t a r y a n d c o n f i d e n t i a l , a n d t h e d i s c l o s u r e r e p r o d u c t i o n b y p h o t o g r a p h y , f i l m , b l u e p r i n t o r o t h e r w i s e o r i n c o r p o r a t i o n i n t o a n y i n f o r m a t i o n r e t r i e v a l s y s t e m w i t h o u t f i r s t r e c e i v i n g w r i t t e n a p p r o v a l f r o m Sp a c e s a v e r I n t e r m o u n t a i n L L C i s e x p r e s s l y p r o h i b i t e d b y l a w . COPYRIGHT © 2024 SPACESAVER CORPORATION. ALL RIGHTS RESERVED Op t i o n 6 R e n d e r i n g s March 12, 2024 Item #6 Page 28 of 3411 1 1 SP A C E S A V E R IN T E R M O U N T A I N LL C 24 9 So u t h 40 0 Ea s t (8 0 1 ) 36 3 - 5 8 8 2 ma i n Sa l t Lo k e Ci t y , UT 84 l l l (8 0 1 ) 35 9 - 4 3 2 6 fa x ww w . S p a c e s a v e r l M . c o m ~ ~I ri ( ) . , , , . (< ; . . , I. øs NI " ' ' c- ~ ob - . . - ;s 0 " ~ ~~ 0- ~( j - -- _\ _ " y' v ~- @~ ~ ~( j ~~ 00 Pr o j e c t # : 12 4 4 1 9 Dr a w n b y : A. M o r e n o Da t e P r i n t e d : 01 / 2 4 / 2 0 2 4 Sc a l e 1: 7 6 Re v l e v e l : op t 6 Pr o j e c t N a m e : Ca r l s b a d P o l i c e D e p t . AP P R O V A L Th i s d r a w i n g A p p r o v e d B y : Da t e d Co p y r i g h t © 2 0 2 4 S p a c e s a v e r C o r p o r a t i o n . T h i s m a t e r i a l i s p r o p r i e t a r y a n d c o n f i d e n t i a l , a n d t h e d i s c l o s u r e r e p r o d u c t i o n b y p h o t o g r a p h y , f i l m , b l u e p r i n t o r o t h e r w i s e o r i n c o r p o r a t i o n i n t o a n y i n f o r m a t i o n r e t r i e v a l s y s t e m w i t h o u t f i r s t r e c e i v i n g w r i t t e n a p p r o v a l f r o m Sp a c e s a v e r I n t e r m o u n t a i n L L C i s e x p r e s s l y p r o h i b i t e d b y l a w . COPYRIGHT © 2024 SPACESAVER CORPORATION. ALL RIGHTS RESERVED F 4 ST F 5-E ST F 4 INT F 4 ST EL F 5-E STEL F 5-E ST F 5-E STEL F 4 STST F 5-E STEL F 3-E INT F 5-E ST F 5-E STELINTSTEL F 4 STERSTER F 5-E ST F 4 ST F 5-E INT F 4 STST F 4 ST F 4 INT F 4 ST F 4 ST ELSTEL F 4 STST E F 4 STEL F 4 INT F 5-E ST ER F 4 INT F 4 ST F 4 INT E F 4 STEL F 4 INT F 5-E ST F 5-E ST ER F 4 ST F 4 ST F 4 INT F 4 INT F 4 INT CFL CFR F 5-E STERSTERSTER F 4 INT F 4 ST E F 4 STER F 4 ST E F 4 STER F 5-E ST ELSTEL E F 4 STER F 5-E STEL F 4 ST F 5-E ST ELINTSTEL F 4 ST F 5-E STERSTER F 5-E ST ELSTEL F 4 STER F 4 ST E F 4 STER F 4 INT F 3 ST EL F 4 ST F 4 ST F 5-E ST F 4 STERSTER F 4 INT F 4 INT F 5-E ST F 4 ST F 4 INT F 4 ST EL F 4 STST F 5-E ST ERSTERSTER F 4 ST ER F 4 ST E F 4 ST EL F 4 INT F 4 STER F 5-E ST F 5-E INT F 5-E ST F 4 INT F 5-E STEL F 4 STST E F 4 STEL F 5-E ST F 5-E ST F 4 ST F 3 - E INT F 4 INT F 4 INT F 4 ST F 5-E ST F 5-E ST ELSTEL F 5-E ST EL F 5-E ST F 5-E INT F 5-E STERSTER F 4 ST F 5-E ST F 4 ST F 5-E ST ER F 5-E ST F 4 ST F 4 ST ELSTEL F 4 INT F 4 ST F 4 ST F 4 INT F 5-E ST ER F 4 ST F 4 INT F 5-E INT F 4 ST ELSTEL F 3 - E ST EL F 5-E STEL F 4 INT F 5-E INT F 5-E INT F 5-E ST ER F 4 ST ER F 4 ST ER F 4 STERSTER F 5-E INT F 4 INT F 4 ST F 4 INT F 4 INT F 5-E INT F 4-E STER ELSTEREL F 4 STST F 4 INT F 4 ST F 4 ST ER F 4 ST F 4 INT F 5-E STEL F 5-E ST F 5-E INT F 4 ST F 4 ST EL F 3 ST F 4 INT F 5-E ST ER F 4 ST EL F 4 INT F 5-E STERSTER F 5-E INT F 4 ST EDS EDS EDS EDS EDS EDS EDS EDS EDS SH O W E R # 3 15 3 12 4 SH O W E R # 1 15 0 2 S F ME N LO C K E R S 14 7 S F Tag S e q u e n c e I n s t r u c t i o n s 00 1 - 1 4 4 12 5 SUPERV I S O R 42 S F VE S T 29 4 S F 10 8 ME N ' S Ex i s t i n g L o c k e r s w / N e w I n t e r n a l D r a w e r s 3'7 5 / 8 " 24 " 24 " 5'0 " 24 " OP T I O N 6 (0 5 ) 2 4 " x 2 4 " E x i s t i n g L o c k e r s w / N e w D r a w e r , F 3 (5 0 ) 2 4 " x 3 7 " E x i s t i n g B e n c h L o c k e r s , F 5 (8 8 ) 2 4 " x 1 8 " N e w L o c k e r s w / D r a w e r , F 4 (0 1 ) 2 4 " x 1 8 " E x i s t i n g L o c k e r s w / D r a w e r , F 4 (1 4 4 ) T O T A L L O C K E R S 24 " 48 " 41 " 3'9 7 / 8 " 10 ' 0 " 48 " 24 " 24 " 24 " 5'0 " 5'0 " P 37 1 / 8 " 3'1 1 1 / 4 " 37 1 / 8 " 60 3 / 8 " 37 1 / 8 " 37 1 / 8 " 40 " 61 1 / 8 " 24 " 30 " 12 ' 0 " 4'0 " 48 " 24 " 45 " 61 1 / 8 " 37 1 / 8 " 37 1 / 8 " 35 ' 7 1 / 8 " 3 P h a s e E l e c t r i c a l 72 " P o w e r F e e d L e n g t h 26 4 W a t t s p e r D u p l e x 2 D u p l e x e s p e r L o c k e r 6 C i r c u i t s p e r F e e d 3 L o c k e r s p e r C i r c u i t 24 " 3'9 " 37 1 / 8 " 24 " 4'0 " ES D = P o w e r L o c a t i o n = P o w e r L o c a t i o n 37 1 / 8 " 30 " 24 " 24 " 55 ' 8 1 / 8 " March 12, 2024 Item #6 Page 29 of 34m !~ I I I I I ~ ~ t ~ 7 ·1 • 1 li - r " 1~ . , , ~ , :i ~, ~ - iF: d M ? 1 li - r 1 1 li - r Il I m I r- ·1 r - li 'i il l 1 ~ I □ 11 1 1 SP A C E S A V E R IN T E R M O U N T A I N LL C 24 9 So uth 40 0 Ea s t Sal t Lo k e Ci t y , UT 84 l l l (8 0 1 ) 36 3 - 5 8 8 2 ma i n (801 ) 35 9 - 4 3 2 6 fa x ww w . S p ace s a v e r lM. c o m o« - o Pr o j e c t # : 12 4 4 1 9 Dr a w n b y : A. M o r e n o Da t e P r i n t e d : 01 / 2 4 / 2 0 2 4 Sc a l e 3/ 8 " = 1 ' Re v l e v e l : op t 6 Pr o j e c t N a m e : Ca r l s b a d P o l i c e D e p t . AP P R O V A L Th i s d r a w i n g A p p r o v e d B y : Da t e d Co p y r i g h t © 2 0 2 4 S p a c e s a v e r C o r p o r a t i o n . T h i s m a t e r i a l i s p r o p r i e t a r y a n d c o n f i d e n t i a l , a n d t h e d i s c l o s u r e r e p r o d u c t i o n b y p h o t o g r a p h y , f i l m , b l u e p r i n t o r o t h e r w i s e o r i n c o r p o r a t i o n i n t o a n y i n f o r m a t i o n r e t r i e v a l s y s t e m w i t h o u t f i r s t r e c e i v i n g w r i t t e n a p p r o v a l f r o m Sp a c e s a v e r I n t e r m o u n t a i n L L C i s e x p r e s s l y p r o h i b i t e d b y l a w . COPYRIGHT © 2024 SPACESAVER CORPORATION. ALL RIGHTS RESERVED F 4 F 5 F 3 H9 2 " 84 " x 2 4 " d 2 4 " H9 2 " 84 " x 2 4 " d 2 4 " H9 2 " 84 " x 1 8 " d 2 4 " Du p l e x O u t l e t w/ 2 R e c e p t a c l e s x8 9 3 P h a s e E l e c t r i c a l 72 " P o w e r F e e d L e n g t h 26 4 W a t t s p e r D u p l e x 2 D u p l e x e s p e r L o c k e r 6 C i r c u i t s p e r F e e d 3 L o c k e r s p e r C i r c u i t 20 " Op t i o n 6 E l e v a t i o n s Dr a w e r ( L o c k i n g ) x5 0 x5 Ad j . H a n g e r S h e l f 84 " 15 " 49 " March 12, 2024 Item #6 Page 30 of 34 ._ . § § § g ~ ~ 11 1 1 SP A C E S A V E R IN T E R M O U N T A I N LL C 24 9 So uth 40 0 Ea s t (8 0 1 ) 36 3 - 5 8 8 2 ma i n Sal t Lo k e Ci t y , UT 84 l l l (801 ) 35 9 - 4 3 2 6 fa x ww w . S p a c e s a v e r lM. c o m ~· ~( j ~~ 00 ._ . ~ ~< v < : ) ~0 < v 0 C; ; , ~ Public Works Branch Fleet & Facilities Department 1635 Faraday Avenue Carlsbad, CA 92008 442-339-2730 t Memorandum February 12, 2024 To:Roxanne Muhlmeister, Assistant Finance Director/Purchasing Officer From:Steven Stewart, Municipal Projects Manager, Public Works Re:Request to Participate in Cooperative Purchasing Agreements with Spacesaver Intermountain, Inc. The purpose of this memorandum is to request approval from the Finance Department to participate in Cooperative Purchasing Agreements for the procurement and installation of additional lockers for the Police and Fire Headquarters Renovation, Capital Improvement Program Project No. 4715 (Project). Rationale: Carlsbad Municipal Code Section 3.28.100 allows for the city’s purchasing officer to join with other public or quasi-public agencies in cooperative purchasing plans or programs for the purchase of goods and/or services by contract, arrangement or agreement as allowed by law and as determined by the purchasing officer to be in the city’s best interest. The additional building furnishings selected for the Project are available for purchase through Cooperative Purchase Agreements that were competitively sourced through the service cooperative known as Sourcewell under Contract 010920 SPC. Spacesaverisanauthorized vendor in San Diego Countyfor the lockersselected andhas provided other lockers for this project also, so the procurement of additional products through them will benefit product warranties and is therefore in the best interest of the city. Staff recently completed a thorough fee negotiation with Spacesaver for the additional lockers and now seek approval from the Finance Department to proceed with this procurement. Next Steps: With Finance Department approval, staff will seek City Council authorization on March 12, 2024 to purchase additional lockers from Spacesaver for the Project. The value of the purchase order for the lockers will be $133,084.11. The labor portion of the work will be done under a separate Minor Public Works Contract for $24,075.39. Exhibit 3 March 12, 2024 Item #6 Page 31 of 34 {'cityof Carlsbad Roxanne Muhlmeister February 12, 2024 Page 2 Approval to Participate in Cooperative Purchasing Agreement ________________________________________ ________________ Roxanne Muhlmeister, Date Assistant Finance Director/Purchasing Officer CC: Shea Sainz, Senior Contract Administrator Eleida Felix Yackel, Senior Contract Administrator 2/28/2024 March 12, 2024 Item #6 Page 32 of 34 Spacesaver Corporation proudly partners with Sourcewell, a government agency serving the United States and Canada, to offer Sourcewell members a competitively bid contract. Sourcewell is a “cooperative contract” for state and local agencies, K-12, universities and colleges, non-profits, and tribal government to purchase from awarded vendors. As a cooperative contract Sourcewell is working for both buyers (members) and vendors. Spacesaver is the innovator in storage solutions from high-density mobile, to secure storage for government and public safety, to new ideas that can streamline library and museum operations to campus solutions. Join Sourcewell at no cost and access Spacesaver’s competitively-priced storage solutions to start saving time, money, and resources today. To learn more about Spacesaver or to find a local authorized dealer, visit www.spacesaver.com. To learn more about Sourcewell or to become a member, visit www.sourcewell-mn.gov. INFO SHEET SPACESAVER’S SOURCEWELL CONTRACT INFORMATION CONTRACT NUMBER: 010920-SPC EFFECTIVE DATE: 03/25/2020 - 03/25/2024 PRODUCTS: All Spacesaver Manufactured Products; excluding ActivRAC® Stainless Steel SOURCEWELL MEMBERSHIP OPEN TO: • State & Local Government Entities • All Education: Private & Public •Non Profits (Tax Exempt Organization) • Tribal Government • Canadian Provinces • Canadian Healthcare Entities Storage Solved® VALUE OF BEING A SOURCEWELL MEMBER •The formal contracting process is satisfied on your behalf–proven process eliminates low bid, low quality results. •No cost, obligation, or liability to be a member •A legal and easier purchasing process–ensuring best use of time and money. •Contracts are requested, awarded, and regulated by a municipal agency and governed by a publicly elected board of directors •Sourcewell maintains all procurement documentation for you, a complete procurement file is posted on the website. •Sourcewell is a government entity committed to helping their members succeed in fulfilling their own public service missions. •The opportunity to purchase the very best products, equipment, and services through nationally solicited contacts. SOURCEWELL ContractsExhibit 4 March 12, 2024 Item #6 Page 33 of 34 Sourcewell ~ j · Spacesaver· I Awarded Contract Contract # 010920-SPC fl INFO SHEET SOURCEWELL CONTRACT Spacesaver has storage solutions for U.S. and Canadian Sourcewell members in a variety of markets from high-density mobile storage, to secure storage for military applications, government and public-sector safety, to new ideas that can streamline education, libraries, museums, and non-profit organization operations. Spacesaver Corporation 1450 Janesville Avenue Fort Atkinson, WI 53538-2798 800.492.3434 www.spacesaver.com © 2020 KI and Spacesaver Corporation. All Rights Reserved. Litho in USA. SSC/DEL Sourcewell-SPC_0620_InfoMarch 12, 2024 Item #6 Page 34 of 34 I _,.. Spacesaver ®