HomeMy WebLinkAbout2002-09-10; City Council; Resolution 2002-2571
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RESOLUTION NO. 2002-257
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AGREEMENT. CARLSBAD, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN
WHEREAS, the City of Carlsbad requires the services of a contractor to provide office furniture
and related services, and;
WHEREAS, proper procedures have resulted in a successfully negotiated agreement from a
qualified contractor;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad. California, as
follows:
1. The agreement with V.S. Carlson Inc. dba mce Pavilion San Diego is hereby accepted.
2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute an agreement
for office furniture and related services, a copy of which is attached hereto, for and on behalf
of the City of Carlsbad for a period of three (3) years with the option for the City Manager to
extend for two (2) additional (1) year periods.
3. The Purchasing Officer is hereby authorized and directed to issue a purchase order for these
services.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10 th day of SEPTEMBER , 2002, by the following vote:
AYES: Council Members Lewis, Kulchin, Finnila, Hall
NOES: None
ABSENT Council Member Nygaard
ATTEST
"
AGREEMENT FOR OFFICE FURNISHING DESIGN SERVICES
V.S. CARLSON INC. dba OFFICE PAVILION SAN DIEGO
THIS AGREEMENT is made and entered into as of the /3 T// day of
CIL , 20 - CQ, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and V.S. CARLSON INC. dba OFFICE PAVILION SAN DIEGO, a
corporation, ("Contractor").
SW7EMB
RECITALS
A. City requires the professional services of an office furnishings design and
B. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to City and has affirmed its
sales contractor.
services and advice related to office furnishings design and sales.
expedited fashion.
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 three (3) years from the date
first above written. The City Manager may amend the Agreement to extend it for two (2)
additional one (1) year periods or parts thereof. 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.
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5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will as shown in Exhibit "A. 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".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A.
All purchases over $100,000.00 by the City of Carlsbad will require Carlsbad City
Council approval.
6. 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.
7. 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.
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8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Except as to the sole negligence or willful misconduct of Citv. Contractor will defend.
indemnify and hold City, iishficers, agents and employees, harmless from any and ai
loss, damage, claims, demands, liability, expense or cost, including attorney's fees,
which arises out of, or is in any way connected with the performance of, the Services by
Contractor or any of Contractor's employees, agents or subcontractors, notwithstanding
that City may have benefited from their services.
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 the Agreement.
IO. 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 Contractork agents, representatives, 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-:V".
10.1 Coverases and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney 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.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability.
Liability, which will be written as claims-made coverage.
10.2.3 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.
,-:10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraqe. 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.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. 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.
Ill
Ill
Ill
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12. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
PUBLIC WORKS SUPERVISOR Name Vicky Carlson
PUBLIC WORKSlFAClLlTlES Title President & Secretary
CITY OF CARLSBAD Address 6920 Carroll Road
405 OAK AVENUE San Dieoo. CA 92121
CARLSBAD CA 92008 Phone No. (858) 784 - 5200
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.
13. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Aweement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest:
14. 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
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the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
15. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
16. 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 (IO) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be fowarded 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.
17. 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.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event 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.
18. 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,
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other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award 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.
19. 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 sea., 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.
20. JURISDICTIONS 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 Countyaf 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.
21. 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 or 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.
22. 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.
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23. 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.
V.S. CARLSON INC. dba OFFICE
PAVILION SAN DIEGO
Pres-t (print namehitle) ATTEST:
Secretarv City Cle"rk (print namehitle)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
*Group B.
Secretary,
Assistant Secretary.
CFO or Assistant Treasurer
Otherwise, the corporation 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:
RONALD R. BALL, City Attorney
By: WJW -
Deputy City Attorney
8 City AIiorney Approved Version #05.22.01
0 ersonally known to me
evidence
to be the person(d whose name($ idah-
subscribed to the within instrument and
acknowledged to me that kdshehlwpexecuted
the same in -kis/her/tbeb authorized
capacity(iee), and that by kis/her/M
the entity upon behalf of which the person(4
signature(4 on the instrument the person&), or
acted, executed the instrument.
WITNESS mv hand and official seal
E? proved to me on the basis of satisfactory
OPTIONAL
Though the information below is noi required by law, it may prove valuable to perrons retying on the document and could prevent
fraudulent removal and realtachmen! of thrs form to another dmumeni,
Description of Attached Document
Title or Type of Document: h t LA &E L&h&h,'d c-
Document Date: +mL cc%, rooz Number of Pages: 20
Signer($ Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
n Individual n Corporate Officer - litle(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: I
OFFICE PAVILION
SAN DlEGO
April 4,2002
Kevin Davis
City of Carlsbad
Purchasing Department
1635 Faraday Avenue
Carlsbad, CA 92008-73 14
Dear Mr. Davis:
Per our recent conversation, I am providing you this letter as a confirmation of VS. Carlson’s sole
corporate officer status.
Vicky Carlson, currently acting as both President and Secretary of V.S. Carlson, Inc. DBA Office
Pavilion, is and has been since October of 1997, our only corporate officer. There is no
anticipation of this changing anytime in the near future.
Thank you very much for your understanding of this situation, and I look forward to our
continued business relationship long into the future.
Ron C. Busch
Vice President of Operations
6920 CorroLL Rood * San Diego. CA 92121 - 858.784.5200 - fox 858.784.5290 * www.apsd.com
EXHIBIT “A” - SCOPE OF SERVICES
ITEMS COVERED
Products covered by the agreement are those product lines referenced below and included in
Contractor’s most current price list catalogs in effect at the time the City’s purchase order is mailed or
otherwise transmitted to the Contractor. Contractor pricing is the lowest available (net to buyer) to
local agencies. If a local agency is eligible for lower pricing through a state, regional, nationwide, or
local contract, the Contractor will match the lower pricing for goods delivered under this contract.
TAXES
Taxes will be quoted by the Contractor as a separate line item, and not included in other quoted or
invoiced prices.
FREIGHT
The City will not pay freight charges on Herman Miller items. When freight charges are applicable on
items shipped from other manufacturers, the Contractor will give firm quotes to the City.
STORAGE FEE
In the event any shipment of merchandise to the City is delayed by the City for any reason, the
Contractor may place such merchandise in storage. This will be deemed to be “delivery” of such
merchandise to the City, but not “Acceptance”. The Contractor will store, at no charge, the City’s
product for two weeks beyond the date the City agreed to accept delivery. The City agrees to pay for
costs of such merchandise stored beyond this grace period. The storage charged to the City will be
the lowest cost option of the following:
1. Receive into the Contractor’s warehouse and charged $1 .OO per square foot with a minimum
$50.00 per month charge. Warehouse handling charges to incur a $35.00 per hour rate.
2. The Contractor‘s Project Manager will work with the furniture vendor to delay shipment if possible
or coordinate with the furniture vendor to store product at a cost equal or less than the
Contractor’s warehousing charges.
3. Product to be delivered to customer location and stored. Only cost incurred will be additional labor
charges.
DEFINITION OF AN “ORDER” FROM THE CITY
An “ordef is placed by the City when a City purchase order is received by the Contractor.
RETURN OF MERCHANDISE
Minimally, the Contractor will accept the return of goods, without restocking fees or other charges, if
the goods are damaged before delivery or during installation by the Contractor, defective, not as
ordered by the City, or received as a result of Contractor design specification errors. Additionally, the
Contractor, at its sole discretion, may agree to accept the return of goods under other circumstances.
CANCELLATION OF MERCHANDISE ORDER
The City acknowledges that cancellation of a merchandise order may cause Contractor to incur costs
and damages, including but not limited to processing and accounting charges, factory charges, and
personnel expenses. If the City cancels an order, the City agrees to the following:
1. The City's cancellation authorization must be in writing.
2. The City agrees to pay the Contractor all actual costs incurred by the Contractor as evidenced by
documentation produced by the Contractor and delivered to the City. This evidence shall include
a schedule of cancellation penalties from the manufacturer, if available, upon request by the City.
The Contractors cost and damages will be itemized and shown separately from manufacturer
penalties.
CHANGES TO MERCHANDISE ORDERS
The City agrees to pay all costs resulting from order changes by the City. The Contractor will
document costs and relay them to the City as described in the "Cancellation of Merchandise Order"
section. The City further agrees that the Contractor will not be responsible for any delays in shipment
delivery resulting from such changes.
MANUFACTURERS WARRANTY
The merchandise sold by the Contractor to the City will be covered by a written product warranty
furnished by the manufacturer of such merchandise. It is specifically agreed that the manufacturer's
warranty is the exclusive and only warranties supplied with the merchandise soldl purchased under
this agreement. The Contractor will assist the City in accessing manufacturer's warranties on the
merchandise the Contractor sells to the City.
CLAIMS
The City's designated representative will inspect all installed work with a representative of the
Contractor and will sign a DeliverylShipper Receipt or Punch List at the time of such inspection. Any
claims for discrepancies, damages or disputed items (in connection with such installed work) must be
noted at the time of the City's inspection, prior to the City's occupation of installed work, otherwise
the work will be deemed complete and in the full compliance with the terms, conditions, and
specifications of this Agreement. Occupation of the installed work may occur after this inspection.
Final acceptance will occur after all Punch List items have been resolved to the City's satisfaction.
PUBLIC AGENCY CLAUSE
It is intended that any other Public Agency (i.e. City, County, District, Public Authority, Public Agency,
Municipal Utility or 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.
The City of Carlsbad shall incur no financial responsibility in connection with the purchase by another
Public Agency. The Public Agency shall accept sole responsibility for placement of order and
payment to V.S. Carlson dba Office Pavilion San Diego.
PRODUCT DISCOUNTS
Prices shall be computed by applying discounts to current list prices, and are applicable to standard
products. These discounts are for product only. Products may be added to or deleted from this
agreement by amendments to the main agreement.
Section I HERMAN MILLER PRODUCTS
Product: Action Office 1 & 2 & Prospects Systems
Total Product Standard LeadlResponse
List Price Plus Discount off List
$893,000.00 & over 75.70%
Product: "A Series Files
Total Product Standard LeadIResponse
List Price Plus Discount off List
All Order Sizes 48.00%
Product: Aeron Chairs
$0-$892,999.00 71.70%
Total Product Standard Lead/Response
List Price Plus Discount off List
All Order Sizes 48.00~~
Product: Ambi Chairs
Total Product
List Price
All Order Sizes
Standard LeadlResponse
Plus Discount off List
48.00%
Product: Arrio
Total Product
List Price
All Order Sizes
Standard LeadlResponse
Plus Discount off List
65.00%
Product: Aside Chair
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 46.00%
Product: Burdick Group
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 50.00%
Product: Caper Chair
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 50.00%
Product: Chadwick Modular Seating
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 50.00%
Product: Classical Seating
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 50.00%
Product: CLT Tables
Total Product Standard LeadlResponse
List Price Plus Discount off List
Order Sizes 43.00%
Product: Eames Aluminum Group
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 50.00%
Product: Eames Shell Chair
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 50.00%
Product: Eames Tables
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 51 .OO%
Product: Eames Tandem Seating
Total Product
List Price
All Order Sizes
Product: Equa 2 Chairs
Total Product
List Price
All Order Sizes.
Product: Ergon 3 Chairs
Total Product
List Price
AI I Order Sizes
Product: Ethospace
Total Product
List Price
$893,000.00 & over
Product: G Series Files
Total Product
List Price
All Order Sizes
Product: Kiva Collection
Total Product
List Price
$0-$892,999.00
Standard LeadlResponse
Plus Discount off List
50.00%
Standard LeadlResponse
Plus Discount off List
51 .OO%
Standard LeadlResponse
Plus Discount off List
57.00%
Standard LeadlResponse
Plus Discount off List
70.00%
72.00%
Standard Lead[Response
Plus Discount off List
48.00%
Standard LeadlResponse
Plus Discount off List
All Order Sizes 43.00%
Product: Limerick Chair
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 46.00%
Product: Meridian 5000 Series Desks
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 4a.00~~
Product: Meridian Lateral Files, Pedestals, Storage Cases and Bookcases
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 55.00%
Product: Passage
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 48.00%
Product: Prospects
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 71.70%
Product: Q System
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 6a.00~~
Product: Reaction Chair
Total Product
List Price
All Order Sizes
Product: Resolve
Total Product
List Price
All Order Sizes
Standard LeadlResponse
Plus Discount off List
46.00%
Standard LeadlResponse
Plus Discount off List
50.00%
Product: SQA Action Office
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 71.70%
Product: SQA Equa 1
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 50.00%
Product: Textiles
Total Product Standard LeadlResponse
List Price Plus Discount off List
All Order Sizes 71.70%
Product: Wood Side Chairs
Total Product Standard LeadlResponse
List Price Plus Discount Off List
All Order Sizes 45.00%
Section It- ANCILLARY PRODUCT
Prices shall be computed by applying discounts to current list prices and are applicable to standard
products. These discounts are for product only. Products may be added to or deleted from this
agreement by amendments to the main agreement.
Freight, where applicable, will be quoted on a per projecVorder basis. Deeper discounts may be
negotiated for some products on large quantity orders to be discussed on a per project basis.
Product: Appenx
Total Product Standard Lead
List Price Discount off List
All Order Sizes 70.00%
Product: Arcadia
Total Product Standard Lead
List Price Discount off List
All Order Sizes 40.00%
Quick Ship
NlA
Discount off List
Quick Ship
NIA
Discount off List
Product: Bernhardt
Total Product
List Price
All Order Sizes
Product: Charlotte
Total Product
List Price
All Order Sizes
Product: Cleator
Total Product
List Price
All Order Sizes
Product: Egan
Total Product
List Price
All Order Sizes
Product: Encore
Total Product
List Price
All Order Sizes
Product: Falcon
Total Product
List Price
All Order Sizes
Product: Fixtures
Total Product
List Price
All Order Sizes
Product: Gunlocke
Total Product
List Price
All Order Sizes
Standard Lead
Discount off List
40.00%
Standard Lead
Discount off List
46.00%
Standard Lead
Discount Off List
46.00%
Standard Lead
Discount off List
40.00%
Standard Lead
Discount off List
46.00%
Standard Lead
Discount off List
46.00%
Standard Lead
Discount off List
40.00%
Standard Lead
Discount off List
40.00%
Quick Ship
Discount off List
NIA
Quick Ship
Discount off List
NIA
Quick Ship
Discount off List
46.00%
Quick Ship
Discount off List
40.00%
Quick Ship
Discount off List
NIA
Quick Ship
Discount off List
NIA
Quick Ship
Discount off List NIA
Quick Ship
Discount off List
40.00%
Product: Holga
Total Product
List Price
All Order Sizes
Product: Howe
Total Product
List Price
All Order Sizes
Product: Johnson
' Total Product
List Price
All Order Sizes
Product: Peter Pepper
Total Product
List Price
,.All Order Sizes
Product: SafeCo
Total Product
List Price
All Order Sizes
Product: Salman
Total Product
List Price
All Order Sizes
Product: Sit-on-it
Total Product
List Price
All Order Sizes
Product: Times2
Total Product
List Price
All Order Sizes
Standard Lead
Discount off List
40.00%
Standard Lead
Discount off List
46.00%
Standard Lead
Discount off List
46.00%
Standard Lead
Discount off List
35.00%
Standard Lead
Discount off List
35.00%
Standard Lead
Discount off List
40.00%
Standard Lead
Discount off List
45.00%
Standard Lead
Discount off List
35.00%
Quick Ship
Discount off List
NIA
Quick Ship
Discount off List
NIA
Quick Ship
NIA
Discount off List
Quick Ship
Discount off List
NIA
Quick Ship
NIA
Discount off List
Quick Ship
Discount off List
NIA
Quick Ship
NIA
Discount off List
Quick Ship
Discount off List
NIA
Product: Versteel
Total Product
List Price
All Order Sizes
Standard Lead
Discount off List
40.00%
Product: V-Wall
Total Product Standard Lead
List Price Discount off List
All Order Sizes 40.00%
Product: West Coast Industries
Total Product Standard Lead
List Price Discount off List
All Order Sizes 40.00%
Product: Workrite
Total Product Standard Lead
List Price Discount off List
All Order Sizes 40.00%
INSTALLATION AND DELIVERY
Standard rates:
Nonstandard rates:
Monday-Friday
Monday-Friday After 8 hours
After 12 hours
Saturday 7:OO a.m.-500 p.m.
After 8 hours
Quick Ship
NIA
Discount off List
Quick Ship
Discount off List
N/A
Quick Ship
Discount off List
NIA
Quick Ship
Discount off List
40.00%
$35.00 per man hour
$60.00 per man hour
$80.00 per man hour
$60.00 per man hour
$80.00 per man hour
Sunday or Holidays All times $80.00 per man hour
Systems and other product delivery and installation will be quoted based on the above rates.
There is a $75.00 minimum charge per delivery or installation.
Contractor reserves the right to increase labor rates after giving Customer a 30-day written notice.
These rates will not increase more than 5% annually and will not exceed $40.00 per man hour,
standard rates, over the life of the contract.
INTERIOR DESIGN SERVICES
Design services will be quoted and agreed upon up front by Customer at an hourly rate of $50.00.
The Customer will be notified in advance if additional hours over the estimated quotation are
deemed necessary. Additional hours will be authorized only after written agreement by the City.
Interior design services will be billed to the Customer monthly for the time accrued during each
month.
The following services are available through the Design Department:
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Consultation with the Customer to determine applicable requirements of the project.
Document of existing and projected requirements related to space, personnel, furniture,
equipment, operational procedures and communicational relationships.
Review and examine collected data to determine the feasibility of achieving specified
requirements.
Prepare schematic layouts based on analyzed space requirements.
Establish design concept of the project and establish types and quality of finishes, materials and
furniture.
Prepare preliminary budgets.
Prepare drawings indicating fixed location and description of interior partitions and furniture
including special design features that are incorporated into floors, walls, partitions, and ceilings.
Specify materials and finishes.
Calculate electrical requirements as it relates to panel systems.
Design custom furniture or millwork.
> Prepare drawings, schedules, specifications, and other documents required for the fabrication,
procurement, shipment, delivery, and installation of furniture, furnishings, and equipment.
> Prepare itemized cost summaries of furniture, furnishings, and equipment.
> Make visits to the job site as deemed necessary to be familiar with the progress and quality of the
work to determine if the work is proceeding in accordance with specifications.
REIMBURSABLE EXPENSES
The following expenditures incurred by the Contractor for the execution of the services for the Project
will be reimbursed to the Contractor by the Customer.
Reproductions (such as blueprinting or plotting) will be invoiced at cost plus 15%
Contractor reserves the right to increase design rates after giving Customer a 30-day written notice.
These rates will not increase more than 10% annually and will not exceed $65.00 per design hour,
standard rates, over the life of the contract.
ASSET MANAGEMENT
Contractor will maintain and asset manage on-site the Customer's product inventory at an hourly rate
of $35.00 per man hour. Contractor will provide ongoing, computerized listings and develop a
monitoring system for .all products, using Herman Miller specific nomenclature and proprietary
software.
Monthly charges for product storage are $30.00 per pallet or $90.00 per bay; a $50.00 monthly
minimum charge applies.
OTHER MISCELLANEOUS SERVICES
Other services that may be available from the Contractor will be negotiated and agreed upon at time
of need. These services include but are not limited to:
Project Management Wood TOuCh-Up
Product Cleaning Buy Back Program
Refurbishing Office Relocation
Reconfigurations