HomeMy WebLinkAbout1990-09-18; City Council; Resolution 90-344.
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RESOLUTION NO. 90-344
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN
AGREEMENT FOR OFFICE FURNITURE SYSTEMS
INC. DBA OFFICE PAVILION
BETWEEN THE CITY OF CARLSBAD AND B-K COX,
WHEREAS, the City Manager recommends, and the City Council concurs,
appropriate for the City to select a single office furniture systems manufacturer; a
WHEREAS, City staff has solicited proposals from six qualified office 1
systems manufacturers in accordance with Section 3.28.140 of the Carlsbad Municip
and
WHEREAS, six proposals were received and judged against the proposal et
criteria; and
WHEREAS, a satisfactory agreement to provide office furniture systems 1
negotiated with B-K Cox, Inc. dba Office Pavilion.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the agreement for Office Furniture Systems, as shown in Ex€
attached hereto and made a part hereof, is approved, and the 1
authorized to sign on behalf of the City.
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W - PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsl
2 /I Council held on the 18th day of September , 1990 by the following vote, I
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AYES: Council Members Lgwis, Kulchin, Larson, Mamaux q
NOES: None
Pettine
ABSENT: None
ATTEST:
@TFA L.h@J!JTEl&RANZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
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I
w w EXHIBIT "(
PURCHASING AGREEMENT
PREPARED FOR
CITY OF CARLSBAD
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego, California
92126
619 566- 1834
BY: Steve Hennes
OFFICE PAVILION
August 9, 1990
W -
OFFICE PAVILION
PURCHASING AGREEMENT
August 9, 19!
The following is offered as a purchasing agreement between the Office Pavilion and Ci
of Carlsbad, herein referred to as "City" or "Customer." The intent of this agreement
to provide the products and services of the Office Pavilion to City of Carlsbad scheduled rates and terms and with the highest quality and level of service. No amou
or particular volume of purchase is implied or required by this agreement.
The Office Pavilion and City of Carlsbad agree to the following product and servir
pricing terms:
1. PRODUCTS
Office Pavilion shall provide the city with two (2) complete sets of manufacturers' mcl
recent price list and current product brochures. As new items become available in tF
designated product lines, they will become a part of the contract and will be subject 1
the same discount offered in this agreement.
1. To provide Herman Miller Action Office Encore and Action Office products
the following percentage discounts from the current list prices at the time I
order placement.
ORDER TOTAL LEAD TIME
LIST PRICE PROGRAM
DISCOUNT OFF
OF LIST PRICE
$0.00 - $100,000.00 Rapid
$0.00 - $50,000.00 Standard
$50,001 .OO - 1,000,000.00 Standard
$1,000~001 .oo + Standard
56.5%
69%
69%
Negotiable
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego, California
92126
619566.1834
w - Office Pavilion
Purchasing Agreement
August 9, 1990
Page 3
2. To provide Herman Miller Equa and Eames Seating and Table products at th
following percentage discounts off of current list prices at the time of ordc
placement.
ORDER TOTAL LEAD TIME
LIST PRICE PROGRAM
DISCOUNT OFF
OF LIST PRICE
$0.00 - $500,000.00 Rapid
$0.00 - $500,000.00 Standard
47%
51%
3. To provide Herman Miller Ergon and Eames Stacking Seating products at th
following percentage discounts off of current list prices at the time of orde
placement.
ORDER TOTAL LEAD TIME
LIST PRICE PROGRAM
DISCOUNT OFF
OF LIST PRICE
$0.00 - $500,000.00 Rapid
$0.00 - $500,000.00 Standard
53%
57%
4. To provide Herman Miller V-Wall and Classic Piece products at the followin
percentage discounts off of current list prices at the time of order placement.
ORDER TOTAL LEAD TIME
LIST PRICE PROGRAM
DISCOUNT OFF OF LIST PRICE
$0.00 - $50,000.00 Standard
$50,001 .OO - $200,000.00 Standard
$200,001 .oo + Standard
44%
47%
Negotiable
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego, California
92126
619 566- 1834
W w
Office Pavilion
Purchasing Agreement
August 9, 1990
Page 4
*5. To provide Eck Adams and Loewenstein Seating products at the followin
percentage discounts off of current list prices at the time of order placement.
ORDER TOTAL LEAD TIME
LIST PRICE PROGRAM
DISCOUNT OFF
OF LIST PRICE
$0.00 - $50,000.00 Standard
$50,001 .OO - $200,000.00 Standard
$200,001 .oo + Standard
48%
50%
Negotiable
*6. To provide Howe Tables products at the following percentage discounts off I
current list prices at the time of order placement.
ORDER TOTAL LEAD TIME
LIST PRICE PROGRAM
DISCOUNT OFF
OF LIST PRICE
$0.00 - $50,000.00 Standard
$50,001 .OO - $200,000.00 Standard
$200,001 .oo + Standard
46%
48%
Negotiable
*7. To provide Holga Files products at the following percentage discounts off
current list prices at the time of order placement.
ORDER TOTAL LEAD TIME
LIST PRICE PROGRAM
DISCOUNT OFF
OF LIST PRICE
$0.00 - $50,000.00
$50,001 -00 - $200,000.00
$200,001 .oo +
Standard
Standard
Standard
46%
48%
Negotiable
* Freight charges to be added
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego, California
92126
619 566 - 1834
W W
Office -Pavilion
Purchasing Agreemenl
August 9, 1990
Page 5
8. To provide Meridian Files products at the following percentage discounts I
of current list prices at the time of order placement.
ORDER TOTAL LEAD TIME
LIST PRICE PROGRAM
DISCOUNT OFF
OF LIST PRICE
$0.00 - $50,000.00 Standard
$50,001 .OO - $200,000.00 Standard
$200,001 -00 + Standard
47%
49%
Negotiable
**9. To provide Phoenix Casegoods and Seating products at the followin
percentage discounts off of current list prices at the time of order placement.
ORDER TOTAL LEAD TIME
LIST PRICE PROGRAM
DISCOUNT OFF
OF LIST PRICE
$0.00 - $50,000.00 Standard
$50,001 .OO - $200,000.00 Standard
$200,001 .oo + Standard
46%
48%
Negotiable
10. To provide K & K Casegoods and Seating products at the following percentag
discounts off of current list prices at the time of order placement.
ORDER TOTAL LEAD TIME
LIST PRICE PROGRAM
DISCOUNT OFF
OF LIST PRICE
$0.00 - $50,000.00 Standard
$50,001 .OO - $200,000.00 Standard
$200,001 .oo + Standard
46%
48%
Negotiable
* Freight charges to be added
** Freight charges to be added if shipment does not exceed 500 pounds
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego. California
92126
619 566- 1834
w - Office Pavilion
Purchasing Agreement
August 9, 1990
Page 6
11. To provide Heiikon Casegoods and Seating products at the followir
percentage discounts off of current list prices at the time of order placement.
ORDER TOTAL LEAD TIME
LIST PRICE PROGRAM
DISCOUNT OFF
OF LIST PRICE
$0.00 - $150,000.00 Standard 45%
*12. To provide Spacemaster Lighting products at the following percentag
discounts off of current list prices at the time of order placement.
ORDER TOTAL LEAD TIME
LIST PRICE PROGRAM
All Orders Standard
DISCOUNT OFF
OF LIST PRICE
40%
* Freight charges to be added.
B-K Cox, Inc.
A Herman Milier Dealer
9220 Trade Place
San Diego, California
92126
619 566 - 1834
w - Office Pavilion
Purchasing Agreement
August 9, 1990
Page 7
11. INSTALLATION AND DELIVERY:
1. New Product:
Systems furniture (new products) excluding V-Wall (includes casegoods ar
seating when 80% systems)
$0.00 - $100,000.00
$1 00,001 .oo - $200,000.00
$200,001 .OO - $1,500,000.00
Percentaae of List Price
5%
4.5%
4%
Minimum installation/delivery charge $50.00. V-Wall installation 1
be quoted on a project by project basis. All rates are based o
standard time (Monday - Friday, 7:OO am - 4:OO pm).
2. Reconfiauration. New and Old Product:
In all cases the charge is $35.00 per man hour. This includes, but is nc
limited to teardown, intra and inter-facility transportation, and rebuilding t
product. All rates are based on standard time (Monday - Friday, 7:OO an
4:OO pm). Minimum charge $50.00.
3. DelivendSet-ur, of Filina and Seatinq (when not part of a systems furnitul
project)
1 - 50 pieces $14.00 per piece
51 + pieces $13.00 per piece
Minimum deliver charge $50.00. All rates are based on standard tim
(Monday - Friday, 7:OO am - 4:OO pm).
4. Delivendset-up of Caseaoods (when not part of a systems furniture project)
1 - 50 pieces $20.00 per piece
51 + pieces $18.00 per piece
Minimum deliver charge $50.00. All rates are based on standard tim
(Monday - Friday, 7:OO am - 4:OO pm).
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego, California
92126
619 566 - 1834
w w
Office Pavilion
Purchasing Agreement
August 9, 1990
Page 8
5. Overtime rates for Installation of systems
Monday - Friday 4:OO pm - 12:OO am $52.50 per man hour
SaturdayISunday 7:OO am - 4:OO pm $70.00 per man hour
SaturdayISunday 4:OO pm - 12:OO am $80.00 per man hour
or Holidays
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego, California
92126
619 566 * 1834
0 e
Office Pavilion
Purchasing Agreement
August 9, 1990
Page 9
Ill. FACILITY MANAGEMENT
At its option, the city may elect to use the following Facility Management Agreement i
contained in this Purchasing Agreement, as forth on page 9:
A. The SERVICES we will provide:
a. We will transfer complete unused inventory, (one time only) of Herma
Miller product currently stored at the City of Carlsbad facilities to Offic
Pavilion warehouse facilities.
b. We will store unused inventory of Herman Miller product that the City I
Carlsbad currently owns. as well as product the City of Carlsbad reques
to be added to the inventory in the future.
c. We will keep a running inventory of all City of Carlsbad's Herman Milk
product stored at Office Pavilion facilities and issue an inventory list i
City of Carlsbad on a monthly basis.
d. This agreement does not include interior design, space planning servicc
or installation services.
e. This agreement may be expanded to include other office furniture th
the City of Carlsbad wishes to include.
B. The FEES for the above services:
For storage up to 2,000 cubic feet, Office Pavilion .will be compensated $650.0'0 pe
month for the services outlined above. Storage in excess of 2,000 cubic feet wi
be billed at a rate of $.30 per cubic foot per month. Cubic footage for billin
purposes will be determined by the cubic footage of each product as specified b
Herman Miller, not by the actual cubic footage used to store the product. Offic
Pavilion will bill the City of Carlsbad monthly for cubic footage in use at the en
of each month.
C. The TERMS and CONDITIONS of FACILITY MANAGEMENT AGREEMENT:
This facility management agreement will be in effect from the time any Herma
Miller product is stored- at Office Pavilion facilities. This agreement may b.
terminated by either party with a written 30 day notice.
Payment terms shall be net 30 days from date of invoice.
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego, California
92126
619 566- 1834
0 e
Office -Pavilion
Purchasing Agreement
August 9, 1990
Page 10
IV. DESIGN AND SPECIFICATION:
FEE SCHEDULES
LEVEL I: SPECIFICATION
A. Office Pavilion will prepare product specifications and installation drawings o
all plans provided by the City of Carlsbad. Plans provided by the City c
Carlsbad must be to scale and have all Herman Miller symbols an'
nomenclature as used by Office Pavilion to perform specification of product!
Office Pavilion will not be responsible for field verification of dimensions t
determine products will properly fit into plan area or determinelverifi
building code compliance.
B. Fee for Level I - no charge
LEVEL II: GENERAL DESIGN AND SPEClFICATlON
The following services shall be provided'by the Office Pavilion for Level II design.
A. PROGRAMMING PHASE
1. Consultation with the Customer to determine applicable requirements c
the Project and review the understanding of such requirements with th
Customer.
2. Documentation of existing and projected requirements related to spact
personnel, furniture, equipment, operational procedures and comrnunicationa
relationships
3. Review and examination of collected data to determine the feasibility o
achieving the Customer's requirements within the limitations of the buildin'
or buildings that the Project is located.
B. PRELIMINARY DESIGN PHASE
1. Based on approved programming phase, schematic layouts shall be prepares
showing departmental relationships, space allocation, personnel, ant
operational diagrams, furniture and equipment layouts for Customer approval.
2. Establish design concept of the project and establishing types and qualiiq
of finishes, materials, and furniture.
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego. California
92126
619 566 - 1834
0 0
Office Pavilion
Purchasing Agreemeni
August 9, 1990
Page 11
3. Prepare preliminary budgets for Customer approval.
C. DESIGN DEVELOPMENT PHASE
1. Preparation of drawings indicating fixed location and description
interior partitions and furniture including special design features that a
incorporated into floors, walls, partitions, and ceilings.
2. Preparation of color scheme including materials and finishes for tl
Project.
3. Presentation of custom designed furniture or millwork for final approval.
D. CONSTRUCTION DOCUMENT PHASE
1. Based on approved Design Development Submissions, Office Pavilion sh;
prepare for final approval of the Customer: Drawings, schedule
specifications, and other documents required for the fabrication, procuremer
shipment, delivery, and installation of furniture, furnishings, and equipme!
necessary for the Project.
2. itemized cost summaries of furniture, furnishings, and equipment shall t:
prepared for final approval of the Customer.
E. CONTRACT ADMINISTRATION
1. The Contract Administration phase shall commence with the award of on
or more contracts or the issuance of a purchase order and will terminal
upon final project acceptance.
2. Administration and coordination of schedules for procurement delivery an
installation of interior work only to the extent provided in the contract.
3. Office Pavilion shall make visits to the job site as deemed necessary t
be familiar with the progress and quality of the work to determine if th
work is proceeding in accordance with the Contract Documents.
4. Additional Services can be listed on basic services on a per Project basis.
F. Fee for Level II - 2% of current list price
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego. California
92126
619 566.1834
0 0
Office Pavilion
Purchasing Agreement
August 9, 1990
Page 12
LEVEL 111: RECONFIGURATION
Level 111 design will include all aspects of Level II design services, but will include th
following:
A. Inventory of existing product
B. Inventory reconciliation of existing product with parts necessary fc
completion of project
C. Fee for Level Ill - $40.00 per hour, billed monthly
LEVEL IV: SPACE PLANNING
A. Level IV design shall consist of general layout of space as defined by sectio
A of Level II services. This service will include space planning of hard wa,
partitions, demountable partitions and other partitions (not including systen
furniture) necessary to divide space.
9. Fees for Level IV - 60e per square foot, billed monthly
LEVEL V INTERIOR DESIGN AND SPECIFICATION:
A. Level V design services shall include all services performed for Level
through Level IV as pertaining to both systems furniture and interior builc
outs.
B. Fees for Level V - $1.30 per square foot, billed monthly
LEVEL VI: TENANT IMPROVEMENT
A. Level VI design services shall include Level V design in addition to al
construction documents and permitting required for the buildout of new 01
existing space.
6. Fees for Level VI - $2.30 per square foot, billed monthly
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Dkgo, California
92126
619 566 * 1834
0 0
Office Pavilion
Purchasing Agreement
August 9, 1990
Page 14
REIMBURSABLE EXPENSES
The following expenditures incurred by Office Pavilion for the execution of the servicc
for the Project shall be reimbursed to Office Pavilion by the Customer.
1. All costs incurred by Office Pavilion staff or it’s designated agents i
securing building permits.
2. Reproductions (such as blueprinting)
FEES
INTERIOR DESIGN SERVICES shall be based upon the following rates:
.-
Level I Included in purchase price of product
Level I1 2% of list
Level 111 $40.00 per hour
Level iV 606 per square foot
Level V $1.30 per square foot
Level VI $2.30 per square foot
Minimum design charge is $80.00.
The Customer shall be notified if additional hours over the estimated time are deeme
necessary due to the expanded or change in the scope of services not before requestec
by the Customer.
INTERIOR DESIGN SERVICES shall be billed to the Customer monthly for the timl
accrued during each month for Level Ill through Level VI. All others design level
shall be billed at the completion of the design phase of the project.
REIMBURSABLE EXPENSES shall be billed to the Customer monthly for the duration o
the Project, where applicable, at a rate equal to actual costs incurred.
Payments to Office Pavilion are due net 30 days from the receipt of invoice.
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego. California
92126
619 566 * 1834
a 0
Office Pavilion
Purchasing Agreement
August 9, 1990
Page 13
DESIGN AND SPECIFICATION TERMS AND CONDITIONS
CUSTOMER RESPONSIBILITIES
A. The Customer agrees to provide complete information regarding th
requirements for the Project, inclusive of Drawings, Specifications, Services
information surveys pertaining to the Project and Office Pavilion shall be entitle!
to rely on the accuracy and completeness thereof.
B. The Customer shall examine documents prepared by Office Pavilion in an time1
manner as to avoid unreasonable delay in the progress of the services to bl
provided by Office Pavilion.
REVISIONS
Revisions and changes in drawings, specifications, schedules or other documents tha
have been consistent with written approval and instruction previously given from tht
Customer shall be charged to the Customer at a rate of $40.00 per hour. Offics
Pavilion shall notify the City prior to start of any revisions and shall estimate the tota
cost of revisions.
The Customer shall be notified immediately by Office Pavilion when revision tims
occurs. Revisions will be provided or commenced only if authorized by the Customer ir
writing and be paid for as specified under the terms of payment as provided in thi:
agreement.
OWNERSHIP OF DOCUMENTS
All documents, plans, specifications, drawings, reports and studies are property of the
City, whether the work for which they are made is to be executed or not. In the event
this agreement is terminated, all documents, plans, specifications, drawings, reports, and
studies, shall be delivered forthwith to the City. Office Pavilion shall have the right to
make and retain reproducible copies of all documents, plans, specifications, drawings,
reports and studies.
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego, California
92126
619 566 * 1834
m 0
Office -Pavilion
Purchasing Agreemeni
August 9, 1990
Page 15
GENERAL TERMS & CONDITIONS:
PRICE:
All product prices include freight except the (*) items (Howe, Holga, Loewenstein an
Phoenix) where actual freight costs to be billed.
Price does not include any applicable taxes.
F.O.B. POINT:
Destination (For orders installed and delivered by the Office Pavilion.)
Factory (For orders shipped at the City's request directly to it from manufacturer.)
PAYMENT:
Terms of payment are to be based upon the following schedule:
1. 0 percent of product amount upon order placement.
2. 100 percent of product amount net 30 days upon arrival and acceptance of eac
3. Installation contract amount net 30 days upon completion of project.
4. Design/Specification services will be invoiced at the end of each month, net 3
individual product.
days from date of invoice.
ASSIGNMENT OR DELEGATION:
Neither party shall assign any portion of the agreement nor delegate any of its dutie:
hereunder without written consent of the other party.
REPROCESSING FEE:
In the event Customer (with the prior approval of the Office Pavilion) elects to finance
the purchase of merchandise through a third party, Customer agrees to reimburse Office
Pavilion for all costs and expenses incurred by Office Pavilion for processing such
financing order, including, without limitation, a minimum "reprocessing fee" of $200.00.
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego, California
92126
619 566 * 1834
0 0
Office Pavilion
Purchasing Agreemeni
August 9, 1990
Page 16
SHIPMENT:
METHOD:
Unless complete instructions are stipulated as to method of shipment, the manufacturc
will select, in its opinion, the best method of shipment. Customer shall be sole
responsible for payment of any added costs incurred by Office Pavilion as a result of
special shipping request of Customer. Such additional costs shall be billed to Customs
by Office Pavilion and shall be due and payable 30 days after Customer's receipt I
such billing. Customer shall be solely responsible for inspecting and signing for a
direct shipments to Customer and for filing any freight damage or shortage claims.
STORAGE FEE:
In the event any shipment of merchandise to Customer is delayed by Customer, Offici
Pavilion may place such merchandise in storage. Placement of any merchandise i
storage shall be deemed to be "delivery" of such merchandise to Customer for a;
purposes (including invoicing and payment) under this Agreement and any other contrac
between Office Pavilion and Customer relating to. such merchandise. Office Paviliol
agrees to provide proof of vendor payment to customer as a condition of payment fo,
items in storage, however, the merchandise invoice date will be based on the datc
product arrived at storage facility. Storage will be performed for the City of Carlsbac
at no charge for a maximum of 30 days. Any storage requirements beyond 30 days wil
be billed to the City. The billable amount will be actual storage and handling costs
invoiced with an itemized schedule of expenses.
ORDERS:
All orders must be received via purchase order to avoid error and/or duplication
Customer's signature on purchase order shall constitute acceptance of this Agreemeni
and shall serve as written authorization for Office Pavilion to proceed with thc
processing of Customer's order.
B-K Cox, inc.
A Herman Miller Dealer
9220 Trade Place
San Diego. California
92126
619 566.1834
a 0
Office Pavilion
Purchasing Agreement
August 9, 1990
Page 17 '
RETURNS. CANCELLATIONS, AND CHANGES:
RETURN OF MERCHANDISE:
Customer acknowledges and agrees that Office Pavilion has no obligation a
responsibility whatsoever to accept return of any previously accepted merchandise fror
Customer. Office Pavilion may, in its sole discretion, agree to accept return of certai
specified merchandise from Customer, and Customer agrees that any such agreed returl
of merchandise shall be subject to. costs incurred by Office Pavilion in arranging fo
and accomodating the return. Office Pavilion agrees to provide proof of such costs tc
the city prior to reimbursement.
CANCELLATION OF MERCHANDISE ORDER:
Office Pavilion agrees that merchandise orders may be cancelled with writter
authorization from Customer. Upon cancellation, Customer agrees to pay to OfficE
Pavilion all actual costs incurred by Office Pavilion as a result of such cancellation,
which "costs" are agreed to be the actual expenses incurred by Office Pavilion.
CHANGES TO MERCHANDISE ORDERS:
City retains the right to change merchandise orders but agrees to pay all costs resulting
from order changes requested by Customer. These "costs" are agreed to be the actual
expenses incurred by Office Pavilion. Customer further agrees that Office Pavilion shall
not be responsible for any delays in shipment or delivery resulting from such changes.
INSTALLATION:
The installation price quoted includes the unloading and "staging" of all furniture to be
installed and, after the- installation is completed, the removal of all cartons and packing
materials and the cleaning and preparation of each workstation for immediate occupancy.
The installation price quoted is based on .the workstation configurations referenced in
the Agreement. Any alternations in these configurations may affect the price of
installation and must be approved by Office Pavilion.
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego, California
92126
619 566 - 1834
m e
Office Pavilion
Purchasing Agreemeni
August 9, 1990
Page 18
Installation price and the time required to complete the installation are contingent upc
the accessibility and cleanliness of the job-site. Office Pavilion personnel must I
provided unimpeded access to the project site at all times. In addition, warehouse ar
staging areas must be available and approved by Office Pavilion. Any and all cos
incurred by Office Pavilion as a result of Customer's failure to furnish Office Pavilic
personnel with a clean and accessible job-site shall be the sole financial responsibili
of Customer, which "costs" are agreed to be the actual expenses incurred by Offil
Pavilion plus 15% for Office Pavilion overhead. The sequence of installation is to
decided by Office Pavilion unless Customer provides an acceptable installation schedl
to Office Pavilion.
Installation personnel must be issued necessary clearance for access to the job-site.
Electrical power and lighting are to be provided by Customer during installation.
Installation personnel must be given adequate time to test the system's electric
circuitry with the system's power source "on" prior to Customer's move in ar
connection of equipment to the system's electrical circuitry. Office Pavilion shall n
be responsible for any damage caused to equipment if the test has not been completed.
Office Pavilion personnel shall not be responsible for maintaining security at the jol
site during unloading, storage, staging, and installation of the system.
Office Pavilion defines lhormal system adjustments" as ordinary maintenance an
adjustment due to product failure or repair. Any reconfiguration of system produ
would incur additional installation charges.
INSTALLATION TRAINING WORKSHOP:
Office Pavilion will provide an on-site workshop for Customer's maintenance staff. Tb
workshop is to be conducted by Office Pavilion personnel. The purpose of the worksho
will be to allow Customer's personnel the opportunity to work with the products, i
become familiar with the parts and components, and to review the "staging" process s
that future reconfiguration can be handled by Customer's personnel without outsid
assistance. There will be no charge for providing this workshop provided the worksho
is conducted at the time of the installation when installers from Office Pavilion ar
present at the job-site.
B-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego. California
92126
619 566 * 1834
0
Office Pavilion
Purchasing Agreement
August 9, 1990
Page 19
MANUFACTURER’S WARRANTY:
The merchandise sold by Office Pavilion to Customer shall be covered by a writte
product warranty furnished by the manufacturer of such merchandise; and it
specifically agreed that the manufacturer’s warranty is the exclusive and only warrant
supplied with the merchandise sold/purchased under this Agreement. Office Pavilio
does not make any express warranty concerning merchandise sold under this Agreemer
and DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNES
WITH RESPECT TO THE SUBJECT MERCHANDISE.
LIABILITY/INSURANCE:
Office Pavilion shall maintain insurance adequate to protect it from claims unde
workers compensation acts and from claims for damages for personal injury, includin!
death, and damage to property which may arise from operations under this agreement
In addition, Office Pavilion agrees to be responsible for any damage caused to citJ
property or to the work of other contractors or vendors and to repair such damage a:
Office Pavilion’s own cost. The policy limits for workman compensation ar6
$2,000,000.00, and the policy limits for general liability are $1,000,000.00.
CLAIMS:
Customer or Customer’s designated representative shall inspect all completed work with
a representative of Office Pavilion and shall sign a Certificate of Completion at ths
time of such inspection. Except for latent defects, any claims ior discrepancies,
damages or disputed items (in connection with such completed work) must be noted at
the time of Customer’s inspection, otherwise the work shall be deemed complete and in
full compliance with the terms, conditions, and specifications of this Agreement.
MISCELLANEOUS PROVISIONS:
PUBLIC AGENCY CLAUSE:
It is intended that any other Public Agency (i.e. City, County, District, Public Authority,
Public Agency, Municipal Utility, and other Political sub-division or Public Corporation
of California) located in San Diego County shall have the option to participate in the
purchase of the specified products and services at the same discounts and established
rates as contained in this agreement with the City of Carlsbad.
B-K Cox, inc.
A Herman Miller Dealer
9220 Trade Place
San Diego, California
92126
619 566- 1834
* m e
,
Office. Pavilion
Purchasing Agreemen,
August 9, 1990
Page 20
The City of Carlsbad shall incur no financial responsibility in connection with tl
purchase by another Public Agency. The Public Agency shall accept sole responsibili
for placement of order and payment to Office Pavilion.
SIGNATURE AUTHORITY:
Each individual signing this Agreement on behalf of Customer warrants that he or she
duly authorized to bind Customer to this Agreement in accordance with its terms.
GOVERNING LAW AND VENUE:
This Agreement shall be governed by the laws of the State of California and all claim
disputes and controversies arising out of, or relating to, this Agreement shall I:
submitted, through litigation, to the Municipal or Superior Court of San Diego Count
North County Branch, for determination under California law.
MODIFICATIONS:
This agreement may be modified upon written consent of both parties. All rates an
fees determined on an hourly or per square foot basis (not including percentages of li!
schedules) are subject to review and renegotiation on each anniversary date of th
agreement.
SUSPENSION OR TERMINATION:
This agreement may be terminated with just cause by either party upon tendering thirt
(30) days written notice to the other party.
6-K Cox, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego. California
92126
619 566.1834
4 m e
J
Office Pavilion
Purchasing Agreemeni
August 9, 1990
Page 21
FINAL AGREEMENT
UPON ACCEPTANCE BY CUSTOMER, THIS AGREEMENT SHALL BECOME A BlNDlN
CONTRACT AND ALL PURCHASES/SALES BETWEEN OFFICE PAVILION Ah
CUSTOMER UNDER THIS AGREEMENT SHALL BE GOVERNED BY THE TERMS Ah
PROVISIONS OF THIS CONTRACT UNLESS OTHERWISE AGREED TO IN WRITING E,
AN AUTHORIZED REPRESENTATIVE OF OFFiCE PAVILION. THIS AGREEMENT WI1
COMMENCE UPON THE DATE OF THE FINAL SIGNATURE AND WILL REMAIN VAL1
FOR A PERIOD OF 60 MONTHS FROM THIS DATE.
c-" /i/ m &&Jd
Vincent E. Mudd, Vice President
Office Pavilion
Office Pavilion of Sales & Marketing
DA~
Office Pavy
Mayor
q/ai 190
DATE
City Attorney
B-K COX, Inc.
A Herman Miller Dealer
9220 Trade Place
San Diego. California
92126
619 566.1834