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HomeMy WebLinkAboutItem 14 - Furniture for Main Library Renovation Project14. Agreements with NewTangram, LLC dbaTangram Interiors, Goforth & Marti dba G/M Business Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and Office Furniture and Installation Services for the Main Library Renovation Project (No. 24-080A) (General Fund) (Revive Santa Ana) Department(s): Recommended Action: 1. Authorize the City Manager to execute an agreement with New Tangram, LLC dbaTangram Interiors to provide and install public -facing and office furniture at the Main Library, in an amount of $674,658 plus a 15% contingency amount of $101,198, for a total amount not to exceed $775,856, for a term expiring December 31, 2026, with provision for one, one-year renewal option (Agreement No. A-2024-XXX). 2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/M Business Interiors to provide and install public -facing furniture at the Main Library, in an amount of $307,999 plus a 15% contingency amount of $46,200, for a total not -to -exceed amount of $354,199, for a term expiring December 31, 2026, with provision for one, one-year renewal option (Agreement No. A-2024-XXX). 3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dba Yamada Enterprises to provide and install library -specific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not -to -exceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, one-year renewal option (Agreement No. A-2024-XXX). Library www.santa-ana.org/library Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Furniture for Main Library Renovation Project AGENDA TITLE Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/M Business Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and Office Furniture and Installation Services for the Main Library Renovation Project (No. 24- 080A) (General Fund) (Revive Santa Ana) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with New Tangram, LLC dba Tangram Interiors to provide and install public -facing and office furniture at the Main Library, in an amount of $674,658 plus a 15% contingency amount of $101,198, for a total amount not to exceed $775,856, for a term expiring December 31, 2026, with provision for one, one-year renewal option (Agreement No. A-2024-XXX). 2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/M Business Interiors to provide and install public -facing furniture at the Main Library, in an amount of $307,999 plus a 15% contingency amount of $46,200, for a total not -to -exceed amount of $354,199, for a term expiring December 31, 2026, with provision for one, one-year renewal option (Agreement No. A-2024- XXX). 3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dba Yamada Enterprises to provide and install library -specific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not -to -exceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, one-year renewal option (Agreement No. A-2024- XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Public library furniture and design plays a significant role in determining how the community interacts with their library and the importance they ascribe to its existence. If Furniture for Main Library Renovation Project October 1, 2024 Page 2 Santa Ana residents believe they are being offered a high -quality public space, they are much more likely to return and utilize this important community resource in a positive and constructive manner. To ensure the community's needs will be met, a request for Proposals (RFP) No. 24- 080A for library furtniture was issued on June 6, 2024 on the City's online bid management and publication system. The RFP split library public -facing furniture and office furniture across four packages to increase competition and ensure the best pricing possible for the Main Library Renovation Project. Furniture packages included public -facing furniture (i.e., TeenSpace seating, outdoor patio furniture, etc.), library - specific furniture (i.e., reader tables, circulation desk, service desk, etc.), and office furniture for staff use. A summary of vendor participation and results is as follows: • 148 Vendors notified • 4 Santa Ana vendors notified • 41 Vendors downloaded the RFP packet • 4 Proposals received • 0 Proposals received from Santa Ana vendors Proposals were solicited, opened on July 17, 2024, and evaluated. Four proposals were submitted by the RFP deadline and three were determined to be responsive to the specifications and met the City's requirements. The proposal submitted by The Office - Furniture Solutions, Inc. was deemed non -responsive as it did not include the approved specifications of the RFP. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. Staff recommends awarding agreements to the highest -ranked firms in each furniture package as follows: Package & Description Vendor Location Exhibit A - Public -Facing Furniture Goforth & Marti Irvine, CA Exhibit 1 B - Public -Facing Furniture New Tangram, LLC Newport Beach, CA Exhibit 2 C - Library -Specific Furniture J.K. Miklin, Inc. Huntington Beach, CA Exhibit 3 D - Office Furniture New Tangram, LLC Newport Beach, CA Exhibit 2 Each of the above -listed proposers demonstrated a firm understanding of the project's aesthetic and needs; provided the best, most responsive furniture selections; understood the project goals and delivery timelines contingent upon construction completion; described ample experience working with libraries; and provided the most reasonable and competitive pricing for their respective categories. Since Revive Santa Ana (American Rescue Plan Act) funds will be used for the furniture purchases, the agreements must be executed prior to the federal funding obligation deadline of December 31, 2024. However, construction completion for the Main Library Renovation Project is not anticipated until March 2026. To avoid storage fees and Furniture for Main Library Renovation Project October 1, 2024 Page 3 ensure the furniture is installed at the appropriate time, the Library will postpone submitting furniture orders until approximately September 2025. A 15% contingency per agreement will help to offset any furniture selections that may be discontinued or cost increases that may be incurred prior to the furniture officially being ordered. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available in the following accounts, and will be presented to the City Council for approval of carryforward to FY 2024-25 as part of the citywide carryforward process. Additional proposed carryovers of unspent funds to future fiscal years will be presented to the City Council for approval as needed depending on the Main Library Renovation Project construction timeline. The following table summarizes the funds budgeted for expenditure for furniture services: Fiscal Accounting Unit Fund Accounting Unit, Year - Account No. Description Account No. Amount Project No. Description Existing Budget To Carryforward To FY 24-25 18111013-66200 American ARPA LIBRARY — 2024-25 (22-1380) Rescue Plan Buildings & Building $1,351,466 Act (ARPA) Improvements Library Service 2024-25 01111017-66200 General Fund Enhancement — $252,346 (22-1380) Buildings & Building Improvements Total $1,603,812 EXHIBIT(S) 1. Agreement with New Tangram, LLC dba Tangram Interiors 2. Agreement with Goforth & Marti dba G/M Business Interiors 3. Agreement with J.K. Miklin, Inc. dba Yamada Enterprises Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nunez, City Manager CITY OF SANTA ANA AGREEMENT WITH NEW TANGRAM, LLC, DBA TANGRAM INTERIORS TO PROVIDE PUBLIC AND OFFICE FURNITURE AND INSTALLATION SERVICES FOR THE MAIN LIBRARY RENOVATION PROJECT THIS AGREEMENT is made and entered into this 1st day of October 2024 by and between New Tangram, LLC, a Michigan limited liability company dba Tangram Interiors ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RFCTTAT,C A. On June 6, 2024, the City issued Request for Proposals ("RFP") No. 24-080A, by which it sought a qualified contractor to provide library public furniture and modular officer furniture services. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-080A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services described in the Scope of Work from RFP No. 24- 080A, attached hereto as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, attached hereto as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Contractor's Fee Schedule, which is attached as Exhibit C and incorporated in full. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed Seven Hundred Seventy -Five Thousand, Eight Hundred Fifty -Six and 00/100 Dollars ($775,856). The sum is comprised of (1) the base amount of $674,658 and (2) a fifteen percent (15%) contingency in the amount of $101,198 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of Page 1 of 11 proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. C. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2026, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to one (1) one-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Page 2 of 11 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office ("ISO") Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Require policy limits can be met with primary and umbrella/excess insurance policies. (2) Automobile Liability (AL). ISO Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. (3) Workers' Compensation. As required by the State of California, with statutory limits, and employer's liability insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees (4) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Page 3 of 11 b. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: (1) Additional Insured Status. The City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and AL policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. (2) Waiver of Subrogation. Contractor shall require its insurance company(ies) to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from performed by Contractor for City. (3) Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary and any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (4) Severability. A severability of interest provision must apply for all the additional insured, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. (5) Notice of Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. (6) Certificate Holder. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Ana, Attn: (name of department staff responsible for Agreement), 20 Civic Center Plaza M-XX (responsible staffs department mail box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. C. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Page 4 of 11 d. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: (1) The retroactive date must be shown and must be before the date of the Agreement or the beginning of work. (2) Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. (3) If coverage is cancelled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. g. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, Page 5 of 11 by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of Page 6 of 11 law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Library Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: New Tangram, LLC, dba Tangram Interiors Attn: Nick Greenko, CFO 1375 Dove St., #300 Newport Beach, CA 92660 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Page 7 of 11 Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital Page 8 of 11 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. FUNDING -RELATED PROVISIONS Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Agreement. As applicable, Contractor shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf; C. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury. gov/system/files/ 13 6/SLFRF-Compliance-and-Reporting-Guidance.pdf, d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; Page 9 of 11 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit D and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page follows] Page 10 of 11 SIGNATURE PAGE FOR AGREEMENT WITH NEW TANGRAM, LLC, DBA TANGRAM INTERIORS TO PROVIDE PUBLIC AND OFFICE FURNITURE AND INSTALLATION SERVICES FOR THE MAIN LIBRARY RENOVATION PROJECT IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: andon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Brian Sternberg. Executive Director Library Services Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONTRACTOR Nick Greenko (Sep 16, 202412:02 CDT) Nick Greenko Chief Financial Officer Page 11 of 11 EXHIBIT A CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below and per Exhibit VI Furniture Specifications. 1. Contractor shall provide a dedicated local representative. 2. Contractor shall review drawing for completeness, accuracy, and proper application of product prior to installation. 3. Defective/Damaged Products/Missing Parts: Contractor shall notify City of defective /damaged / missing part products prior to delivery and place such products on re -order. Contractor shall notify City of lead time on re -ordered products. 4. Partial Shipments: Partial shipments will not be accepted by the City unless authorized by the City. 5. Manufacturer/Factory Delays: Contractor shall notify City of any manufacturer/factory delays. City reserves the right to cancel orders due to manufacturer/factory delays, if it is in the best interest of the City. The City may elect to cancel order and seek equivalent product from another course. The Contractor shall be held liable for price difference and the City may seek damages. 6. Missing Parts: At City's request, Contractor shall provide usable and good quality loaner furniture for City's use until missing parts are received and successfully installed to the satisfaction of the City. 7. Warehousing: Contractor(s) shall have the capacity to provide storage for office furniture ordered by the City when a project delay occurs. The Contractor(s) must provide warehousing at no cost to the City for a minimum of thirty (30) days. Please provide a monthly fee (to include any associated labor) for storage costs following the 30 days on Attachment J — Furniture Bid Form. 8. Any damage to City property incurred by Contractor will be repaired at the Contractor's expense and any repairs will not be accepted unless approved by City. 9. Contractor shall pre -inspect furniture for quality, damages and/or completeness or order prior to scheduling delivery. 10. Contractor is responsible for the disposal of all packaging materials from products ordered by the City off and on City site. All trash and debris must be removed and disposed each day of installation in an appropriate manner. 11. Uncrating at location of delivery will not allowed unless authorized by City. 12. Furniture shall be delivered blanket wrapped, unwrapped, assembled, set in place, wiped clean of all fingerprints and function demonstrated to City. 13. Contractor shall ensure delivery site is left in a clean and orderly manner after installation is complete. City of Santa Ana RFP 24-080A Page 19 of 42 EXHIBIT B V tang ram, nH9[ muNiY J SEAi 01 f . �......i.. �. TXE OCID EN CITY IVUHDE. 1069 O REQUEST FOR PROPOSALS NO. 24-080A CITY OF SANTA ANA Library Public Furniture and Modular Office Furniture Services POINT OF CONTACT Kimberly Barnow, Account Executive kbarnow@tangraminteriors.com 1 949.204.7231 certified WBENC Table of Contents 01 ............................ Cover Letter 02 . Proposal Forms 03 . Service Provided 04 . Agreement Statement 05 . Firm & Team Experience 06 . Proposed Work Plan 07 . Cost Proposal 08 . Design Renderings Tangram Interiors I City of Santa Ana 2 v 01 COVER LETTER Tangram Interiors I City of Santa Ana r I tangram. Maria Castro, Senior Management Analyst, City of Santa Ana — Library Services Agency 26 Civic Center Plaza Santa Ana, CA 92701 www.tangraminteriors.com On behalf of me and the Tangram and Steelcase teams, I would like to thank you for the opportunity to respond to the City of Santa Ana Library Renovation project. As your Sales Executive, I will be your primary point of contact, supported by a fantastic team of cross -functional experts. Collectively our team has over 50+ years of project and industry experience. We are committed to providing the support and service needed for a successful and rewarding facility and I have no doubt that we will succeed in providing a satisfying customer experience. There's a chance we may not be your lowest bid. Tangram's reputation in the industry, our ability to be a single resource for multiple applications, and the desire to be our client's business partner vs. a furniture dealer come with deliverables that go far beyond the price of furniture, equipment, and construction. I would like to highlight just some of the value services that differentiate Tangram from our competitors. • Value Engineering — We realize there's often a need for a value engineered approach. We would be happy to be a collaborative partner for any value engineering needs should they arise. Our vendor relationships and strong presence in the market allow us leverage as it relates to pricing, lead times, and any warranty/service issues which may arise. • Pricing — For a significant portion of the Steelcase package we were able to negotiate additional discounting above and beyond the national Sourcewell contract resulting in additional savings. • Project Team Experience — You will see your team's organizational chart in the attached submittal. Collectively we have over 50 years of experience working on education, healthcare, government, and commercial projects. • Installation Issue Managements — Punch list items are addressed in real-time throughout the installation and are communicated between the installation and operations teams. • Daily Progress Reports — You will be provided a daily progress report, including photos, describing the work completed and what you can anticipate for the following day. This will take place for the duration of the project installation and until punch list items have been resolved. Thank you very much for this opportunity and we look forward to your feedback. If you have any questions or clarification needed on our proposal, don't hesitate to reach out. Sincerely, Kimberly Barnow, Sales Executive Tangram Interiors I City of Santa Ana 4 v 02 PROPOSAL FORMS Tangram Interiors I City of Santa Ana (E) CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. New Tangram, LLC dba Tangram Interiors (562) 365-5000 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 1375 Dove St #300, Newport Beach, CA 92660 BUSINESS ADDRESS Kimberly Barnow Account Executive PRINTED NAME OF AUTHORIZED AGENT TITLE kbarnow@tangraminteriors.com SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 37-1428740 835539 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) 349195 (See Next Page) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 33 of 42 Tangram Interiors I City of Santa Ana 6 r CITY OF SANTA ANA BUSINESS TAX SECTION (N1-15) 20 CIVIC CENTER PLAZA, FIRST FLOOR, P.O. SOX 1964, SANTA ANA, CA 92702 (714) 647-5447 CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT BUSINESS TAX NUMBER 349195 TAX PERIOD: 11112024 - 12131/2024 BUSINESS NAME: NEW TAN GRAM, LLG AMOUNT PAID: $306.00 BUSINESS AO DRESS: 9200 SORENSON AVE SANTA FE SPRINGS, CAH67D DATE PAID: 12JI912023 OWNER NAME; TANGRAM FABRICATORS THIS IS NOT A PERMIT TO OPERATE AND THIS IS NOT A BILL ATTACHED BELOW IS YOUR CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT PLEASE DETACH AND POST IN A CONSPICUOUS LOCATION (SEE REVERSE SIDE OF BUSINESS LICENSE TAX RECEIPT FOR POSTING REQUIREMENTS) CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT • This business license tax account is void upon sale or Iran sfer of a business • Every business is responsible for the annual renewal of their business license lax account I is the responsibility of the appllcantAicensee to- ensure that the businesscomplieswith all applicable City codes, City zoning ordinances and all Local, State and Federal Laws. • Conlact the Business Lice:Ise Tax Ofca at (714) 647.5447 prior to any of the following changes: Name ch ange Locaticn Change Ownership or represenhAve change Business aclivily change • The business license tax receipt mus€ be displayed at the place of business. See reverse side for posting requirements. Sec. 21-1&- • No required permits waived. The business license issued pursuant to the provisions of this Chapter [Santa Ana Municipal Code (SAMC) Chapter 21] constitutes a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement, not a permit, to transact and carry on any business activity within the city. The business license tax receipt is evidence only of the fact that such tax has been paid. Neither Ene payment of the tax ror the possession of the business tax receipt authorizes, permits or allows the doing of any act which the person paying or Bolding the same would not otherwise be entitled to do; arid any permil. license, variance or other instrument of aooroval or evidence that any conditions exist as required by any other Sectior of this Code [sAMC] of by any statute or code provisions of the state must 5rst be obtained or compiled tivith before the doing of any act or thing for which €t is required. (Ord. No. NS-1922, § 1, 7-20-87) The parson. firm or corporation named below has been issued this business license lax receipt pursuant to the provisions of the City Business License Tax Code (SAMC Chapter 21). Issuance of this receipt for the business license tax paid shall have no other legal effect (SA -MC Sec. 21-18) and is not an endo.semest, nor ceAifcation of compliance with other ordinances or laws. It is the responsibility of the applicantflicensee to ensure that the business is operated in compliance with the laws, ordinances and regulations that are now or may hereafter be in force by the United States Government, State of California, and the City of Santa Ana pertaining to such business. In the event it is determined that the applicanViicensee fraudulently applied for or renewed this business license tax account, the account may be suspended or revolted. This business license tax account is nontransferable. Please note that it is your responsibility iD renew and updale this license annually. CITY OF SANTA ANA - TREASURY M-15 20 CIVIC CENTER PI4Z4-PO SOX 1964 4•_ SANTA ANA, CALI FORNIA 92702 PHONE (714) 647-5447 J _ NEW TANGRAM,LLC 9200 SORENSON AVE SANTA FIE SPRI N G S. CA 90670 Tfi15 TAX RECEIPT MUST BE DISPLAYED AT THE PLACE OF 8USINESS BUSINESS TAX NO. 149195 TAX PERIOD 111/2024-12QIV474 BUSINESS TYPE: FLOO RS, LINOLEUN CARPET UUsINESSACORESS; 9200SORENSONAVE SANTA FESPRINGS, CR BUSINESS NAME; NEW TANGRAN,LLC OVMR Rd7EP: TAHGRAM FABRICATORS EXPIRATION DATE: 12BU2024 Tangram Interiors I City of Santa Ana 7 (E) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: City of Chino Contact Individual: Ms. Griselda Lara Address: 13220 Central Avenue Chino CA 91710 Contract Amount: $1.5M ne Number: 909.334.3481 EMAIL: glara@cityofchino.org Year: February 2023 — Present and Ongoing Description of supplies, equipment, or services provided: Steelcase, ancillary and outdoor products for the WEHO Aquatic Park REFERENCE Customer Name: City of West Hollywood Contact Individual: Davie Gonzalez Address: 8300 Santa Monica Blvd. Phone Number: 323.848.6857 West Hollywood, CA 90069 EMAIL: dgonzalez@weho.org Contract Amount: $600,000 Year: 2022 Description of supplies, equipment, or services provided: Steelcase, ancillary and outdoor products for the WEHO Aquatic Park REFERENCE Customer Name: City of Whittier Address: 13230 Penn St Whittier, CA 90602 Contract Amount: $1.2M Contact Individual: Kyle Cason Phone Number: 562.567.9500 EMAIL: kcason@cityofwhittier.org Year: February 2023 — Present and Ongoing Description of supplies, equipment, or services provided: Desiqn, procure and install workstations, private offices & ancillary product if multiple departments throughout City Hall THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 34 of 42 Tangram Interiors I City of Santa Ana 8 (E) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm New Tangram, LLC dba Tangram Interiors Signed and Printed Name: �.�!!� Nick Greenko Title Chief Financial Officer Date 7/17/24 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 35 of 42 Tangram Interiors I City of Santa Ana 9 (9) CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or share, that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to Taut in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public. body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereqf shalt also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a fals certification rnay_sqbject the certifier to criminal prosecution. State of Ze.-,? s County of /� V/1P'-,' Subscribed and sworn to (or affirmed) before me on this ) V4 day of iu r1 150- 20Lq , by DeOs e ail top , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, Luz Marla Rodriguez my Commil-Ekan ExOlrts r' blic Signature Notary Public Seal Nolary ID 130887247 61312020 i' THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DD NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Cily of Sarda Ana RFP 24-MA Pa" 36 of 42 Tangram Interiors I City of Santa Ana 10 (E) CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all su�chsussuubrecipients shall certify and disclose accordingly. Signed: i Title: Chief Financial Officer Firm: New Tangram, LLC dba Tangram Interiors Date: 7/17/24 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 37 of 42 Tangram Interiors I City of Santa Ana 11 (9) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City of Santa Ana RFP 24-080A Page 38 of 42 Tangram Interiors I City of Santa Ana 12 (E) CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Title: Chief Financial Officer Firm: New Tangram, LLC dba Tangram Interiors Date: 7/17/24 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 39 of 42 Tangram Interiors I City of Santa Ana 13 (E) CITY OF SANTA ANA ATTACHMENT G SAM.GOV UEI VERIFICATION On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third -party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov, including UEI and active registration status. Proposer's UEI: SD87V9A7YPP2 SAM.gov Registration Expiration Date: 2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 40 of 42 Tangram Interiors I City of Santa Ana 14 ATTACHMENT H CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) 1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. EM MOMMIO Consultant Nick Greenko, Chief Financial Officer Name and Title of Official Authorized to Certify On Behalf of the Consultant 7/17/24 Date City of Santa Ana RFP 24-080A Page 41 of 42 Tangram Interiors I City of Santa Ana 15 ATTACHMENT H (continued) CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarment", "suspension", "disqualified," "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, disqualified, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction" unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. City of Santa Ana RFP 24-080A Page 42 of 42 Tangram Interiors I City of Santa Ana 16 v 03 SERVICES PROVIDED Tangram Interiors I City of Santa Ana 17 Agreement Statement A description of proposed services to be provided and how they meet the needs of the City as described in EXHIBIT I - Scope of Services and EXHIBIT VI - Furniture Specifications. Tangram Shall perform services as set forth by the City of Santa Ana according to Exhibit I below and comply with Exhibit VI - Furniture Specifications. EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below and per Exhibit VI Furniture Specifications. 1. Contractor shall provide a dedicated local representative. 2. Contractor shall review drawing for completeness, accuracy, and proper application of product prior to installation. 3. Defective/Damaged Products/Missing Parts: Contractor shall notify City of defective /damaged / missing part products prior to delivery and place such products on re -order. Contractor shall notify City of lead time on re -ordered products. 4. Partial Shipments: Partial shipments will not be accepted by the City unless authorized by the City. 5. Manufacturer/Factory Delays: Contractor shall notify City of any manufacturer/factory delays. City reserves the right to cancel orders due to manufacturer/factory delays, if it is in the best interest of the City. The City may elect to cancel order and seek equivalent product from another course. The Contractor shall be held liable for price difference and the City may seek damages. 6. Missing Parts: At City's request, Contractor shall provide usable and good quality loaner furniture for City's use until missing parts are received and successfully installed to the satisfaction of the City. 7. Warehousing: Contractor(s) shall have the capacity to provide storage for office furniture ordered by the City when a project delay occurs. The Contractor(s) must provide warehousing at no cost to the City for a minimum of thirty (30) days. Please provide a monthly fee (to include any associated labor) for storage costs following the 30 days on Attachment J - Furniture Bid Form. 8. Any damage to City property incurred by Contractor will be repaired at the Contractor's expense and any repairs will not be accepted unless approved by City. 9. Contractor shall pre -inspect furniture for quality, damages and/or completeness or order prior to scheduling delivery. 10. Contractor is responsible for the disposal of all packaging materials from products ordered by the City off and on City site. All trash and debris must be removed and disposed each day of installation in an appropriate manner. 11. Uncrating at location of delivery will not allowed unless authorized by City. 12. Furniture shall be delivered blanket wrapped, unwrapped, assembled, set in place, wiped clean of all fingerprints and function demonstrated to City. 13. Contractor shall ensure delivery site is left in a clean and orderly manner after installation is complete. Tangram Interiors I City of Santa Ana 18 r Tangram Services COIF ...,-.CT FURNITURE Tangram Interiors partners with 300+ furniture makers to help you create stylish and functional spaces for offices, schools, and healthcare settings. We work closely with you to match your design preferences, budget, and timeline. By collaborating with a wide range of manufacturers, we can provide high -quality furniture at competitive prices for projects of any size or complexity. AUDIO/VISUAL INTEGRATION Our Tech team knows how technology boosts communication, aids mobility, improves collaboration, and drives business success. Whether it's HD telepresence boardrooms, surround sound theaters, enterprise -wide streaming, or managing your tech and building systems, we have it all covered. CUSTOM FURNITURE Our partner, Studio Other, designs custom furniture to express your brand in beautifully crafted workplaces. We aim to make your vision a reality, redefining how you work with a unique design experience. Collaborating with creative architects, designers, and brands that embrace uniqueness, we engage clients who are hands-on, risk -takers, and seeking partners to bring their concepts to life. FURNITURE REFURBISHMENT Our experts revive old furniture by renewing different materials like wood, laminate, and metal. They're also skilled in refurbishing and reupholstering. We offer cleaning services for furniture, wall coverings, flooring, and seating to eliminate years of wear and tear and bring back the original look and feel. CONSTRUCTION TRADES Tangram Construction Trades aims to make subcontracting easier with clear communication, precise installations, and hard work. Acting as a unified subcontractor with in-house resources, we handle various tasks, ensuring a hassle -free process for clients and partners. Our commitment is to deliver every project on time and within budget. ANCILLARY SPECIALISTS Our Ancillary Specialists are a bit like furniture matchmakers. Sourcing the comfy and stylish pieces you see in office lounges, meeting rooms, and other casual areas —spaces that aren't your main work areas but still matter. We're talking lounge chairs, sofas, and trendy tables. They know a lot about furniture and use their connections to find what you need. They focus on what you want, how it looks, the cost, and when you need it. MOVE + ASSET MANAGEMENT Whether you're relocating within your facility or undergoing a large-scale move, Tangram provides expert Move Management Services. Our on -site project manager oversees the planning and execution of the entire process. With more than 210,000 square feet of company -owned warehouse space, we have complete control over all aspects ensuring a seamless experience for our clients. ARCHITECTURAL WALLS + FALKBUILT Architectural walls are flexible walls that can be easily taken apart and reused, allowing you to customize your office layout as needed. These demountable wall systems offer great versatility, enhancing the visual appeal of your space while providing benefits like a superior fit and finish and effective sound privacy. Unlike traditional stick -built construction, these systems can't be matched in terms of speed and cost-effectiveness. Tangram Interiors I City of Santa Ana 19 v AGREEMENT STATEMENT Tangram Interiors I City of Santa Ana 20 Agreement Statement Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT II - Sample Agreement and EXHIBIT 11113 Federal Contract Provisions of this RFP (if any). Tangram Agrees and has no concerns with any provisions. W Pa ..y-. MOM Tangram Interiors I City of Santa Ana 21 v 05 FIRM AND TEAM EXPERIENCE Tangram Interiors I City of Santa Ana 22 Intro to Tangram no Tangram was founded in 1963. Today, we are the NEWPORT BEACH leading interiors solutions provider in Southern 1375 Do Street, #300 California with over 400 employees across offices in Newport B CA 92660 Downtown Los Angeles, Newport Beach, Santa Fe SANTA FE SPRINGS, CA (HQ) Springs, Fresno and Bakersfield. In 2023, Tangram opened a new showroom and regional headquarters Sant Sorensen Avenue Santa Fe Springs, CA 90670 in Dallas, Texas. Sant Over the years we have nurtured a collaborative and DALLAS - FORT WORTH people -focused culture because we believe people REGIONAL HEADQUARTERS fuel innovation. That culture has led to the organic 300 South Pearl Expressway, #200 growth of five business units which complement our Dallas, TX 75201 core furniture offering: flooring, fabrication, custom furniture, move + asset management and audio- DOWNTOWN LA video design and integration. 527 West 7th Street, #1201 Los Angeles, CA 90014 Tangram is currently a flagship dealership for Steelcase, Inc. In the past four years, Tangram's annual sales volume has been top five for all North 7415 M any A Meany Avenue American Steelcase dealerships serving thousands Bake Bakersfield, CA 93308 of small, medium and large accounts. Annual Sales reached a record high $263M in 2023. FRESNO 7700 N. Palm Ave, Suite 110, 7700 N. Tangram is a proud WBENC-Certified Women's Fresno, CA 93711 Business Enterprise (WBE). PV Tangram Interiors I City of Santa Ana 23 v Project Team POINT OF CONTACT Kimberly Barnow Sales Executive kbarnow@tangraminteriors.com 949.204.7231 Michelle Gibbs Designer mgibbs@tangraminteriors.com 562.900.5319 Kellie Reed Vice President of OC Sales + Healthcare kreed@tangraminteriors.com 559.281.2699 l `L C� Traci Briggs Client Support Specialist tbriggs@tangraminteriors.com 949.955.6764 Jennifer King Steelcase, Client Business Manager jking4@steelcase.com 678.674.5363 Cassidy Briggs Project Manager cbriggs@tangraminteriors.com 949.486.510 Tangram Interiors I City of Santa Ana 24 v PROPOSED WORK PLAN Tangram Interiors I City of Santa Ana 25 Scope of Service Statement Proposal shall include a statement demonstrating the firm's understanding of the Scope of Services. Tangram Shall perform services as set forth by the City of Santa Ana according to Exhibit I below and comply with Exhibit VI — Furniture Specifications Tangram Interiors I City of Santa Ana 26 r Design & Implementation USER C%—...rORT ADJUS'i MEN i — Our most essential self-imposed requirement is to provide a creative, out -of -the box client experience as we find, profile, and select the hundreds of different products that will constitute the Furniture Package. By nature, we are not prescriptive in our approach to envisioning our clients' environments, or the products that follow. Our ideal scenario is to work shoulder -to -shoulder in formulating the solution set with the integrated team, utilizing our human and digital resources to their highest potentials. Due to our wide range of experience and knowledge as it relates to vendor and material providers, we can iterate quickly and tailor solutions to a client's budget, functionality demands, and aesthetic aspirations. EARLY INVOLVEMENT Our team operates best when we are involved upstream in the Design Development process. A furniture design package has four defining values: functionality, aesthetic, cost and desired user experience. Because we are the experts as it relates to our products, their purpose, and the wide range of solutions in the marketplace, our expertise is best leveraged early in the process, when real progress in all four defining values can be made through a communicative process. A RANGE OF COSTS, FUNCTIONS + AESTHETICS Our experience tells us that clients quickly recognize the difference between cost and value. Therefore, instead of chasing a low cost, we leverage our creative team to create and propose several options for consideration, spanning the range of cost, function, and aesthetic. Once you've focused on a narrower group of selections for each item, we then create a competitive environment between manufacturers, leveraging for their best discounted cost. _- ..HIEVING THE BEST PRICING As one of the largest provider of contract furniture dealers in Southern California, we receive the best pricing from our installation subcontractors, which is passed onto you in the form of lower install costs and/or higher degrees of service, as well as follow-up during installation. We also use our position as a Top 5 Steelcase dealer nationwide to leverage for best pricing with our top partners. This gives us the control and flexibility to tailor our costs to the budgetary demands of our clients. SCHEDULE CONTROL We seamlessly integrate our internal team into the larger project team in order to foresee changes to the schedule and plan accordingly. Should the schedule become compressed (which happens quite often) we increase manpower to accommodate the requirements of the schedule. In the event that we are being asked to work multiple shifts and incur overtime, we create the applicable cost -scenarios within 48 hours of receiving schedule notification. Cost and schedule are further managed by our infrastructure, as well as that of our partners. Steelcase's SAP -driven back -end system allows us a great deal of flexibility with regards to scheduling our direct shipments of furniture for installation. By using direct shipments, we avoid costly and time- consuming warehousing and double -handling. Tangram Interiors I City of Santa Ana 27 V Project Schedule City of Santa Ana 26 Civic Center Plaza Santa Ana, CA 92701 Preliminary Furniture Schedule ID Task Name Duration Start Finish end Half 1st Half 2nd Half 1st Half Jun Jul Au Se Oc[ Nov Dec lan Feb Mar Apr May Jun lul AugSe Oct Nov Dec lan Feb Mar 1 Furniture schedule 452 days Pre -Proposal Meeting 1 day RFP Response I day Project Award 1 day Design Meetings 270 days Final specification / layout approval 1 day Internal audit of specification 15 days Quote issued 1 day PO Received / Order Entry 1 day Order, production, & shipping 90 days Project Execution 10 days Punch and project approval complete 5 days Thu 6/20/24 Thu 6/20/24 Thu 7/11/24 Fri 8/9/24 Mon 8/12/24 Fri 8/29/25 Mon 9/1/25 Fri 9/26/25 Fri 10/17/25 Mon 10/20/25 Mon 2/23/26 Mon 3/9/26 Fri 3/13/26 Thu 6/20/24 Thu 7/11/24 Fri 8/9/24 Fri 8/22/25 Fri 8/29/25 Fri 9/19/25 Fri 9/26/25 Fri 10/17/25 Fri 2/20/26 Fri 3/6/26 Fri 3/13/26 1 Pre Proposal Meeting RFP Response Project Award -1 Design Meetings Final specification layout approval Internal audit of specification Quote issued PO Received Order Entry Order, production, & shipping Project Execution Punch and project approval complete 2 3 4 5 6 7 8 9 10 11 12 Task Inactive Task Manual Summary Rollup External Milestone Split Inactive Milestone Manual Summary r ----1 Deadline B Project: City of Santa Ana - PF 678270 Date: Thu 6/13/24 Milestone ♦ Inactive Summary I Start -only C Progress Summary Manual Task Finish -only 3 Manual Progress Project Summary I Duration -only External Tasks Tangram Interiors I City of Santa Ana 28 v 07 COST PROPOSAL Tangram Interiors I City of Santa Ana 29 Pricing Package B FURNITURE PACKAGE B (lump sum award) Bid Form -Attachment J PLAN CODE ITEM MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST B-1 Bench COALESSE TOGETHER BENCH 6 WEEKS 1 $ 3,900.00 $ 3,900.00 B-2 Bench COALESSE RIPPLE UPHOLSTERED WAVE SEAT 4 WEEKS 1 $ 2,028.00 $ 2,028.00 CL-3 Lounge Chair STEELCASE i2i LOUNGE CHAIR 6 WEEKS 4 $ 1,640.00 $ 6,560.00 CL-5 Lounge Chair BLUDOT NONESUCH 4 $ 1,064.00 $ 4,256.00 CL-6 Lounge Chair COALESSE PASSERELLE 4 WEEKS 1 $ 2,418.00 $ 2,418:00 CR-3 Reader Chair COALESSE ENEA ALTZO 943 8 WEEKS 7 $ 408.00 $ 2,856.00 CR-4 Reader Stool COALESSE ENEA ALTZO 943 STOOL 8 WEEKS 9 $ 532.00 $ 4,788.00 CR-5 Reader Chair STEELCASE SHORTCUT WOOD CHAIR 6 WEEKS 4 $ 540.00 $ 2,160.00 CR-6 Reader Chair BLUDOT PORT CHAIR 8 $ 490.00 $ 3,920.00 CR-8 Reader Stool STEELCASE FACET BARSTOOL 6 WEEKS 12 $ 444.00 $ 5,328.00 TS-1a Side Table STEELCASE CAMPFIRE PAPER TABLE 4-6 WEEKS 5 $ 681.00 $ 3,405.00 TS-1b Side Table STEELCASE CAMPFIRE PAPER TABLE 4-6 WEEKS 2 $ 971.00 $ 1,942.00 TS-3 Side Table COALESSE TREES SIDE TABLE 4-6 WEEKS 3 $ 2,540.00 $ 7,620.00 TR-1A Reader Table COALESSE POTRER0415 COLLAB STANDARD 5 WEEKS 6 $ 5,208.00 $ 31,248.00 TR-1B Reader Table COALESSE POTRER0415 COLLAB STANDING 5 WEEKS 3 $ 5,518.00 $ 16,554.00 TR-1C Reader Table COALESSE POTRER0415 COLLAB STANDARD 5 WEEKS 1 $ 5,093.00 $ 5,093.00 TR-1D Reader Table COALESSE POTRER0415 COLLAB STANDARD 5 WEEKS 4 $ 4,837.00 $ 19,348.00 TR-1E Reader Table COALESSE POTRER0415 COLLAB STANDARD 5 WEEKS 2 $ 2,718.00 $ 5,436.00 TR-1Fa Reader Table COALESSE POTRER0415 COLLAB SQUARE 5 WEEKS 4 $ 2,512.00 $ 10,048.00 TR-1Fb Reader Table COALESSE POTRER0415 COLLAB SQUARE 5 WEEKS 1 $ 3,355.00 $ 3,355.00 TR-1Fc Reader Table COALESSE POTRER0415 COLLAB SQUARE 5 WEEKS 1 $ 2,377.00 $ 2,377.00 TR-1G Reader Table COALESSE POTRER0415 COLLAB 5 WEEKS 1 $ 6,641.00 $ 6,641.00 TT-1 Technology Table COALESSE POTRER0415 COLLAB SEATED 5 WEEKS 1 $13,269.00 $ 13,269.00 TM-1A Meeting Table STEELCASE VERB FLIP -TOP 7 WEEKS 14 $ 1,262.00 $ 17,668.00 TM-113 Meeting Table STEELCASE VERB FLIP -TOP 7 WEEKS 4 $ 1,272.00 $ 5,088.00 TM-1C Meeting Table STEELCASE VERB FLIP -TOP 7 WEEKS 2 $ 1,367.00 $ 2,734.00 ST-1 Storage Credenza STEELCASE CONVENE LOCKING CABINETS 15 WEEKS 1 3 $ 2,164.00 $ 6,492.00 ST-2 Storage Credenza STEELCASE EXPONENTS CREDENZA 16 WEEKS 1 2 5,868.00 11 736.00 SUBTOTAL FURNITURE PACKAGE B (A) $ 208,268.00 FREIGHT $ 1,940.00 Design, Receive, Deliver, and Install Costs (B) $ 12,219.00 Storage Costs After 1 Month Free Storage (Monthly Fee -to include all labor associated with storage) $ 1,085.00 GRAND TOTAL FURNITURE PACKAGE B (A+B) $ 222,427.00 GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B): Two hundred twenty two thousand four hundred twenty seven dollars and zero cents. Tangram Interiors I City of Santa Ana 31 Pricing Package D OFFICE FURNITURE PACKAGE D (lump sum award) Bid Form -Attachment J PLAN CODE ITEM MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST FL-1 File Cabinet STEELCASE UNIVERSAL LATERAL 5 DRAWER 6 WEEKS 2 $ 1,285.00 2,570.00 FL-1A File Cabinet STEELCASE UNIVERSAL LATERAL 5 DRAWER 6 WEEKS 2 $ 1,271.55 $ 2,543.10 CT-1 Task Chair STEELCASE GESTURE WORK CHAIR 442 4 WEEKS 76 $ 950.74 $ 72,256.24 SS-1A Storage Shelving AURORA QUIK-LOK SHELVING 30 $ 417.96 $ 12,538.80 SS-16 Storage Shelving AURORA QUIK-LOK SHELVING 21 $ 606.56 $ 12,737.76 ST-3 Storage Cabinet AURORA QUIK-LOK SHELVING 23 $ 870.50 $ 20,021.50 ST-4 Storage Cabinet ULINE VERTICAL FILE CABINET 2-4 WEEKS 2 $ 665.00 $ 1,330.00 W-1 Workstation STEELCASE ANSWER PANEL SYSTEM 5 WEEKS 40 $ 3,953.06 $ 158,122.40 W-2 Workstation STEELCASE ANSWER PANEL SYSTEM 5 WEEKS 9 $ 3,268.00 $ 29,412.00 W-3 Workstation ISTEELCASE JANSWER PANEL SYSTEM 5 WEEKS 17 $ 1,013.47 $ 17,228.99 W-4 Workstation ISTEELCASE I MIGRATION SE Ill WEEKS 1 6 784.00 4,704.00 SUBTOTAL OFFICE FURNITURE PACKAGE D (A) $ 333,464.79 FREIGHT $ 5,546.00 Design, Receive, Deliver, and Install Costs (B) $ 56,097.00 Storage Costs After 1 Month Free Storage (Monthly Fee -to include all labor associated with storage) $ 2,820.00 GRAND TOTAL OFFICE FURNITURE PACKAGE D (A+B) $ 395,107.79 GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B): Three hundred ninety five thousand one hundred seven dollars and seventy nine cents. Tangram Interiors I City of Santa Ana 33 I tangram,. September 4, 2024 Dear Eddie Perkins, www.tangraminteriors.com At your request, I'm providing the sales tax information for Furniture Package B. Using the Santa Ana sales tax rate of 9.25%, the tax for Package B is equal to $20,575. Grand Total Furniture Package (A+B) _ $222,427 Sales Tax = $20,575 _ $243,002 Grand Total Furniture Package (A+B) + Sales Tax Written in Words: Two hundred forty-three thousand and two dollars. ou have any questions or whether additional clarifications are needed. Sales Executive DALLAS-FT WORTH LOS ANGELES NEWPORT BEACH FRESNO B A K E R S F I E L D I tangram. September 4, 2024 Dear Eddie Perkins, www.tangraminteriors.com At your request, I'm providing the sales tax information for Furniture Package D. Using the Santa Ana sales tax rate of 9.25%, the tax for Package D is equal to $36,548. Grand Total Furniture Package (A+B) _ $395,107.79 Sales Tax = $36,548 _ $431,655.79 Grand Total Furniture Package (A+B) + Sales Tax Written in Words: Three hundred thirty one thousand six hundred fifty five dollars and seventy nine cents. /ou have any questions or whether additional clarifications are needed. Sales Executive DALLAS-FT WORTH LOS ANGELES NEWPORT BEACH FRESNO B A K E R S F I E L D v DESIGN RENDERINGS Tangram Interiors I City of Santa Ana 34 W-1 Answer Panel / Universal Surface / Migration SE HAD / Universal Overhead / Universal Personal Locker / AMQ S-Series Mobile Ped / Powerstrip Intro Tangram Interiors I City of Santa Ana 35 W-2 Universal Surface / Migration SE HAD / Universal Overhead / Universal Personal Locker / AMQ S-Series Mobile Ped / Powerstrip Intro / Wall Mount Slatwall Tile Tangram Interiors I City of Santa Ana 36 W-3 (2-Pack) Universal Surface / AMQ S-Series Mobile Ped / Powerstrip Intro ft""Wo 0, r ` 40w� 1 4' 4" M u u Tangram Interiors I City of Santa Ana 37 W-3 (8-Pack) Answer Panel / Universal Surface / AMQ S-Series Mobile Ped / Powerstrip Intro f-1 I f-, �1 Tangram Interiors I City of Santa Ana 38 F tan g ram.., tang raminteriors.com 7/18/24, 10:09 AM 0 An official website of the United States government Here's how you know 91 _SAM*GOV® Home Search Data Bank Data Services Help Core Data Entity Registration Core Data Business Information Entity Types Financial Information Points of Contact Assertions Reps and Certs (FAR/DFARS) Reps and Certs (Financial Assistance) Exclusions Responsibility / Qualification N EW TAN G RAM, L LC Active Registration Unique Entity ID CAGE/NCAGE SD87V9A7YPP2 3QCK4 SAM.gov [I Requests Notifications oo Workspace Q Sign Out Entity Information Expiration Date Jan 1, 2025 https://sam.gov/entities/view/SD87V9A7YPP2/coreData?status=Active&emrKeyVaIue=1511881- 1704186888972503 1/5 7/18/24, 10:09 AM SAM.gov Physical Address Mailing Address 9200 Sorensen AVE 9200 Sorensen AVE Santa Fe Springs, California Santa Fe Springs, California 90670-2645, United States 90670-2645, United States Purpose of Registration All Awards Version Current Record BUSINESS INFORMATION Doing Business As URL NEW TANGRAM LLC www.tangraminteriors.com Registration Dates Division Name Division Number Tangram Interiors (blank) Activation Date Congressional District State/Country of Incorporation Jan 4, 2024 California 38 Michigan, United States Submission Date Jan 2, 2024 Owner CAGE Legal Business Name Immediate Owner (blank) (blank) Entity Dates Highest Level Owner (blank) (blank) Entity Start Date Nov 1, 1994 Executive Compensation Initial Registration Date Jan 28, 2004 Fiscal Year End Close Date Dec 31 Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). 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Profit Structure For Profit Organization Organization Factors Limited Liability Company FINANCIAL INFORMATION Payments Accepts Credit Card Payments Yes ACCOUNT DETAILS EFT Indicator 0000 CAGE Code 3QCK4 POINTS OF CONTACT Debt Subject To OffsetO No https://sam.gov/entities/view/SD87V9A7YPP2/coreData?status=Active&emrKeyVaIue=1511881- 1704186888972503 3/5 7/18/24, 10:09 AM SAM.gov Electronic Business Primary Point of Contact Tina Jackson Address 9200 Sorensen Avenue Santa Fe Springs, California 90670-2645 United States Alternate Point of Contact Kimberly Wiggs, Sales Director Address 9200 Sorenson AVE Tangram Interiors Santa Fe Springs, California 90670 United States Government Business Primary Point of Contact Rhonda Law, Account Manager Address 9200 Sorensen Avenue Santa Fe Springs, California 90670-2645 United States https://sam.gov/entities/view/SD87V9A7YPP2/coreData?status=Active&emrKeyVaIue=1511881- 1704186888972503 4/5 7/18/24, 10:09 AM SAM.gov Our Website About This Site Our Community Release Notes System Alerts Policies Terms of Use Privacy Policy Restricted Data Use Freedom of Information Act Accessibility Feedback Our Partners Acquisition.gov USASpending.gov G ra nts.gov More Partners Customer Service Help Check Entity Status Federal Service Desk External Resources Contact ® WARNING This is a U.S. General Services Administration Federal Government computer system that is "FOR OFFICIAL USE ONLY." 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SAM.gov An official website of the U.S. General Services Administration https://sam.gov/entities/view/SD87V9A7YPP2/coreData?status=Active&emrKeyVaIue=1511881- 1704186888972503 5/5 EXHIBIT C Pricing Package B FURNITURE PACKAGE B (lump sum award) Bid Form -Attachment J PLAN CODE ITEM MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST B-1 Bench COALESSE TOGETHER BENCH 6 WEEKS 1 $ 3,900.00 $ 3,900.00 B-2 Bench COALESSE RIPPLE UPHOLSTERED WAVE SEAT 4 WEEKS 1 $ 2,028.00 $ 2,028.00 CL-3 Lounge Chair STEELCASE i2i LOUNGE CHAIR 6 WEEKS 4 $ 1,640.00 $ 6,560.00 CL-5 Lounge Chair BLUDOT NONESUCH 4 $ 1,064.00 $ 4,256.00 CL-6 Lounge Chair COALESSE PASSERELLE 4 WEEKS 1 $ 2,418.00 $ 2,418:00 CR-3 Reader Chair COALESSE ENEA ALTZO 943 8 WEEKS 7 $ 408.00 $ 2,856.00 CR-4 Reader Stool COALESSE ENEA ALTZO 943 STOOL 8 WEEKS 9 $ 532.00 $ 4,788.00 CR-5 Reader Chair STEELCASE SHORTCUT WOOD CHAIR 6 WEEKS 4 $ 540.00 $ 2,160.00 CR-6 Reader Chair BLUDOT PORT CHAIR 8 $ 490.00 $ 3,920.00 CR-8 Reader Stool STEELCASE FACET BARSTOOL 6 WEEKS 12 $ 444.00 $ 5,328.00 TS-1a Side Table STEELCASE CAMPFIRE PAPER TABLE 4-6 WEEKS 5 $ 681.00 $ 3,405.00 TS-1b Side Table STEELCASE CAMPFIRE PAPER TABLE 4-6 WEEKS 2 $ 971.00 $ 1,942.00 TS-3 Side Table COALESSE TREES SIDE TABLE 4-6 WEEKS 3 $ 2,540.00 $ 7,620.00 TR-1A Reader Table COALESSE POTRER0415 COLLAB STANDARD 5 WEEKS 6 $ 5,208.00 $ 31,248.00 TR-1B Reader Table COALESSE POTRER0415 COLLAB STANDING 5 WEEKS 3 $ 5,518.00 $ 16,554.00 TR-1C Reader Table COALESSE POTRER0415 COLLAB STANDARD 5 WEEKS 1 $ 5,093.00 $ 5,093.00 TR-1D Reader Table COALESSE POTRER0415 COLLAB STANDARD 5 WEEKS 4 $ 4,837.00 $ 19,348.00 TR-1E Reader Table COALESSE POTRER0415 COLLAB STANDARD 5 WEEKS 2 $ 2,718.00 $ 5,436.00 TR-1Fa Reader Table COALESSE POTRER0415 COLLAB SQUARE 5 WEEKS 4 $ 2,512.00 $ 10,048.00 TR-1Fb Reader Table COALESSE POTRER0415 COLLAB SQUARE 5 WEEKS 1 $ 3,355.00 $ 3,355.00 TR-1Fc Reader Table COALESSE POTRER0415 COLLAB SQUARE 5 WEEKS 1 $ 2,377.00 $ 2,377.00 TR-1G Reader Table COALESSE POTRER0415 COLLAB 5 WEEKS 1 $ 6,641.00 $ 6,641.00 TT-1 Technology Table COALESSE POTRER0415 COLLAB SEATED 5 WEEKS 1 $13,269.00 $ 13,269.00 TM-1A Meeting Table STEELCASE VERB FLIP -TOP 7 WEEKS 14 $ 1,262.00 $ 17,668.00 TM-113 Meeting Table STEELCASE VERB FLIP -TOP 7 WEEKS 4 $ 1,272.00 $ 5,088.00 TM-1C Meeting Table STEELCASE VERB FLIP -TOP 7 WEEKS 2 $ 1,367.00 $ 2,734.00 ST-1 Storage Credenza STEELCASE CONVENE LOCKING CABINETS 15 WEEKS 1 3 $ 2,164.00 $ 6,492.00 ST-2 Storage Credenza STEELCASE EXPONENTS CREDENZA 16 WEEKS 1 2 5,868.00 11 736.00 SUBTOTAL FURNITURE PACKAGE B (A) $ 208,268.00 FREIGHT $ 1,940.00 Design, Receive, Deliver, and Install Costs (B) $ 12,219.00 Storage Costs After 1 Month Free Storage (Monthly Fee -to include all labor associated with storage) $ 1,085.00 GRAND TOTAL FURNITURE PACKAGE B (A+B) $ 222,427.00 GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B): Two hundred twenty two thousand four hundred twenty seven dollars and zero cents. Tangram Interiors I City of Santa Ana 31 Pricing Package D OFFICE FURNITURE PACKAGE D (lump sum award) Bid Form -Attachment J PLAN CODE ITEM MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST FL-1 File Cabinet STEELCASE UNIVERSAL LATERAL 5 DRAWER 6 WEEKS 2 $ 1,285.00 2,570.00 FL-1A File Cabinet STEELCASE UNIVERSAL LATERAL 5 DRAWER 6 WEEKS 2 $ 1,271.55 $ 2,543.10 CT-1 Task Chair STEELCASE GESTURE WORK CHAIR 442 4 WEEKS 76 $ 950.74 $ 72,256.24 SS-1A Storage Shelving AURORA QUIK-LOK SHELVING 30 $ 417.96 $ 12,538.80 SS-16 Storage Shelving AURORA QUIK-LOK SHELVING 21 $ 606.56 $ 12,737.76 ST-3 Storage Cabinet AURORA QUIK-LOK SHELVING 23 $ 870.50 $ 20,021.50 ST-4 Storage Cabinet ULINE VERTICAL FILE CABINET 2-4 WEEKS 2 $ 665.00 $ 1,330.00 W-1 Workstation STEELCASE ANSWER PANEL SYSTEM 5 WEEKS 40 $ 3,953.06 $ 158,122.40 W-2 Workstation STEELCASE ANSWER PANEL SYSTEM 5 WEEKS 9 $ 3,268.00 $ 29,412.00 W-3 Workstation ISTEELCASE JANSWER PANEL SYSTEM 5 WEEKS 17 $ 1,013.47 $ 17,228.99 W-4 Workstation ISTEELCASE I MIGRATION SE Ill WEEKS 1 6 784.00 4,704.00 SUBTOTAL OFFICE FURNITURE PACKAGE D (A) $ 333,464.79 FREIGHT $ 5,546.00 Design, Receive, Deliver, and Install Costs (B) $ 56,097.00 Storage Costs After 1 Month Free Storage (Monthly Fee -to include all labor associated with storage) $ 2,820.00 GRAND TOTAL OFFICE FURNITURE PACKAGE D (A+B) $ 395,107.79 GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B): Three hundred ninety five thousand one hundred seven dollars and seventy nine cents. Tangram Interiors I City of Santa Ana 33 I tangram,. September 4, 2024 Dear Eddie Perkins, www.tangraminteriors.com At your request, I'm providing the sales tax information for Furniture Package B. Using the Santa Ana sales tax rate of 9.25%, the tax for Package B is equal to $20,575. Grand Total Furniture Package (A+B) _ $222,427 Sales Tax = $20,575 _ $243,002 Grand Total Furniture Package (A+B) + Sales Tax Written in Words: Two hundred forty-three thousand and two dollars. ou have any questions or whether additional clarifications are needed. Sales Executive DALLAS-FT WORTH LOS ANGELES NEWPORT BEACH FRESNO B A K E R S F I E L D I tangram. September 4, 2024 Dear Eddie Perkins, www.tangraminteriors.com At your request, I'm providing the sales tax information for Furniture Package D. Using the Santa Ana sales tax rate of 9.25%, the tax for Package D is equal to $36,548. Grand Total Furniture Package (A+B) _ $395,107.79 Sales Tax = $36,548 _ $431,655.79 Grand Total Furniture Package (A+B) + Sales Tax Written in Words: Three hundred thirty one thousand six hundred fifty five dollars and seventy nine cents. /ou have any questions or whether additional clarifications are needed. Sales Executive DALLAS-FT WORTH LOS ANGELES NEWPORT BEACH FRESNO B A K E R S F I E L D EXHIBIT D FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Contractor shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix 11 to Part 200 (C) — Equal Employment Opportunity: If this Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Contractor agrees as follows during the performance of this Agreement: (i) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (iv) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Contractor and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction 4 contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The 3 Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Contractor must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) — Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not complywith 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, C! or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (1) — Byrd Anti -Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. Q) Appendix II to Part 200 (J) — §200.323 Procurement of Recovered Materials: (i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix 11 to Part 200 (K) — $200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Eauigment: (i) Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications 9 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 (L) — §200.322 Domestic Preferences for Procurement: (i) Contractor shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; A (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Contractor agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Contractor which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Contractor for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Government -wide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. 7 (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Contractor agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Contractor understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. the following: Congress; (ii) The list of persons and entities referenced in the paragraph above includes (1) A member of Congress or a representative of a committee of (2) An Inspector General; (3) The Government Accountability Office; n. management; enforcement agency; (4) A Treasury employee responsible for contract or grant oversight or (5) An authorized official of the Department of Justice or other law (6) A court or grand jury; or (7) A management official or other employee of Contractor, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Contractor ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq. ), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Contractor acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Contractor understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Contractor shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. Contractor understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Contractor agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. 9 (iv) Contractor acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Contractor and Contractor's successors, transferees and assignees for the period in which such assistance is provided. (v) Contractor agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Contractor and the Contractor's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) Contractor understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Contractor, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Contractor for the period during which it retains ownership or possession of the property. (vii) Contractor shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Contractor shall comply with information requests, on -site compliance reviews, and reporting requirements. (viii) Contractor shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Contractor must also inform the Department of the Treasury if Contractor has received no complaints under Title VI. (ix) Contractor must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Contractor and the administrative agency that made the finding. If the Contractor settles a case or matter alleging such discrimination, Contractor must provide documentation of the settlement. If Contractor has not been the subject of any court or administrative agency finding of discrimination, please so state. If Contractor makes sub -awards to other agencies or other entities, Contractor is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. 10 Agreement -New Tangram Interiors (Library Furniture) Final Audit Report LLC dba Tangram unsigned 2024-09-16 Created: 2024-09-16 By: Dylan Dario (ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAATn5FXXOCvlxNBEheep2whAOLwr896-va "Agreement _New Tangram LLC dba Tangram Interiors (Library Furniture) unsigned" History Document created by Dylan Dario (ddario@santa-ana.org) 2024-09-16 - 4:22:39 PM GMT Document emailed to Brian Sternberg (bsternberg@santa-ana.org) for signature 2024-09-16 - 4:23:08 PM GMT Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2024-09-16 - 4:37:26 PM GMT &0 Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date: 2024-09-16 - 4:37:34 PM GMT - Time Source: server ley Document emailed to Nick Greenko (ngreenko@tangraminteriors.com) for signature 2024-09-16 - 4:37:38 PM GMT Email viewed by Nick Greenko (ngreenko@tangraminteriors.com) 2024-09-16 - 4:55:54 PM GMT Document e-signed by Nick Greenko (ngreenko@tangraminteriors.com) Signature Date: 2024-09-16 - 5:02:20 PM GMT - Time Source: server Agreement completed. 2024-09-16 - 5:02:20 PM GMT a Adobe Acrobat Sign CITY OF SANTA ANA AGREEMENT WITH GOFORTH & MARTI DBA G/M BUSINESS INTERIORS TO PROVIDE PUBLIC AND OFFICE FURNITURE AND INSTALLATION SERVICES FOR THE MAIN LIBRARY RENOVATION PROJECT THIS AGREEMENT is made and entered into this 1 st day of October 2024 by and between Goforth & Marti, a California corporation dba G/M Business Interiors ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 6, 2024, the City issued Request for Proposals ("RFP") No. 24-080A, by which it sought a qualified contractor to provide library public furniture and modular office furniture services. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-080A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services described in the Scope of Work that was included in RFP No. 24-080A, attached hereto as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, attached hereto as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Contractor's Fee Schedule, which is attached as Exhibit C and incorporated in full. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed Three Hundred Fifty -Faux Thousand, One Hundred Ninety -Nine and 00/100 Dollars ($354,199). The sum is comprised of (1) the base amount of $307,999 and (2) a fifteen percent (15%) contingency in the amount of $46,200 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of Page 1 of 11 proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. C. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2026, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to one (1) one-year periods upon a writing executed by the City Manager and City Attorney, 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. if the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Page 2 of 11 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data'). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. a. Minimum Scope and Limit of Insurance (1.) Commercial General Liability (CGL). Insurance Services Office ("ISO") Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate, Require policy limits can be met with primary and umbrella/excess insurance policies. (2) Automobile Liability (AL). ISO Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. (3) Workers' Compensation. As required by the State of California, with statutory limits, and employer's liability insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees (4) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor, Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Page 3 of 11 b. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: (1) Additional Insured Status. The City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and AL policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. (2) Waiver of Subrogation. Contractor shall require its insurance company(ies) to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from performed by Contractor for City. (3) Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary and any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (4) Severability. A severability of interest provision must apply for all the additional insured, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. (5) Notice of Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. (6) Certificate Holder. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Ana, Attn: (name of department staff responsible for Agreement), 20 Civic Center Plaza M-XX (responsible staff's department mail box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. C. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related 'investigations, claim administration, and defense expenses within the retention. Page 4 of 11 d. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. e. Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time, f. Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: (1) The retroactive date must be shown and must be before the date of the Agreement or the beginning of work. (2) Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. (3) If coverage is cancelled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. g. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. S. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, Page 5 of 11 by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2792.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willfiil misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of Page 6 of 1 i law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Library Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Goforth & Marti, dba G/M Business Interiors Attn: Josie Wong Donley, CFO 9750 Irvine Blvd., Suite 108 Irvine, CA 92618 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Page 7 of 11 Contractor regarding the subject matter herein., and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City, 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate, b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital Page 8 of 11 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. FUNDING -RELATED PROVISIONS Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Agreement. As applicable, Contractor shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act, available at https://www.govinfo,gov/content/pkg/FR-2022-01-27/Pdf/2022-00292.pdf; C. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury.gov/system/files/I 36/SLFRF-Compliance-and-Reporting-Guidance.pdf; d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; Page 9 of 11 e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit D and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page follows] Page 10 of 11 SIGNATURE PAGE FOR AGREEMENT WITH GOFORTH & MARTI DBA G/M BUSINESS INTERIORS TO PROVIDE PUBLIC AND OFFICE FURNITURE AND INSTALLATION SERVICES FOR THE MAIN LIBRARY RENOVATION PROJECT IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney r By. `Landon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Brian Sternberg. Executive Director Library Services Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONTRACTOR Laurinda P. Easley President, CEO, & Secretary Page 11 of 11 EXHIBIT A (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below and per Exhibit VI Furniture Specifications. 1. Contractor shall provide a dedicated local representative. 2. Contractor shall review drawing for completeness, accuracy, and proper application of product prior to installation. 3. Defective/Damaged Products/Missing Parts: Contractor shall notify City of defective /damaged / missing part products prior to delivery and place such products on re -order. Contractor shall notify City of lead time on re -ordered products. 4. Partial Shipments: Partial shipments will not be accepted by the City unless authorized by the City. 5. Manufacturer/Factory Delays: Contractor shall notify City of any manufacturer/factory delays. City reserves the right to cancel orders due to manufacturer/factory delays, if it is in the best interest of the City. The City may elect to cancel order and seek equivalent product from another course. The Contractor shall be held liable for price difference and the City may seek damages. 6. Missing Parts: At City's request, Contractor shall provide usable and good quality loaner furniture for City's use until missing parts are received and successfully installed to the satisfaction of the City. 7. Warehousing: Contractor(s) shall have the capacity to provide storage for office furniture ordered by the City when a project delay occurs. The Contractor(s) must provide warehousing at no cost to the City for a minimum of thirty (30) days. Please provide a monthly fee (to include any associated labor) for storage costs following the 30 days on Attachment J — Furniture Bid Form. 8. Any damage to City property incurred by Contractor will be repaired at the Contractor's expense and any repairs will not be accepted unless approved by City. 9. Contractor shall pre -inspect furniture for quality, damages and/or completeness or order prior to scheduling delivery. 10. Contractor is responsible for the disposal of all packaging materials from products ordered by the City off and on City site. All trash and debris must be removed and disposed each day of installation in an appropriate manner. 11. Uncrating at location of delivery will not allowed unless authorized by City. 12. Furniture shall be delivered blanket wrapped, unwrapped, assembled, set in place, wiped clean of all fingerprints and function demonstrated to City. 13. Contractor shall ensure delivery site is left in a clean and orderly manner after installation is complete. City of Santa Ana RFP 24-080A Page 19 of 42 EXHIBIT B 0 i i Humin centered, future Le a' - rwa "y L r City of Santa Ana Request for Proposals No. 24-080A Library Public Furniture And Modular Office Furniture Services CONFIDENTIALITY NOTICE Nollcs to the corporation, person andfor persons regarding this document: the Information presented herein are the property of GSM Business Interiors. This document contains confidential and proprietary information that cannot be reproduced or divulged, In whole or In part, without authorization from G1M Business Interiors. By acceptance of Ihls data, the user agrees not to transmit this data or provide across to any part of it to another party. It Is understood that portions of this proposal, namely pricing documents, are public domain and may be divulged. However, intellectual property shall remain confidential. Documents considered Intellectual and confidential include but are not limited to; financial Information, client reference and contract information, client case studies and testimonials, and proprietary internal operations and training collateral. All items suhloot to this notice will be marked as confidential and proprietary. Statement of Qualifications — Table of Contents A. Cover Letter B. Services Provided C. Agreement Statement D. Firm and Team Experience E. Proposed Work Plan F. References G. Certifications a. Attachment A: Proposer's Certification and Proposal Pricing b. Attachment B: References c. Attachment C: Proposer's Statement d. Attachment D: Non-Colluslon Affidavit e. Attachment E: Non -Lobbying Certification f. Attachment F: Non-Discriminatlon Cerffiication g. Attachment G: Sam.gov UEl Verification h. Attachment »: Certifleation Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion i. Attachment L• Substitution Request Form i. Attachment J: Furniture Bid Form GIN Business Interims and Mll.,Knnll RFP ReuKnao for City ofSaMa Ana RFA No, 2"POA Cover Letter GjM 9usi-1,1- r^.-d?IIIIf.,K—ll RFV Response for City of Sang Ana RFp No. 24-0BOA July 11, 2024 0 Maria Castro, Senior Management Analyst City of Santa Ana — Library Services Agency eya L,Ul(Y �GYkpCA.G u' 26 Civic Center Plaza f Santa Ana, CA 92701 Dear Members of the City of Santa Ana Evaluation Committee, I am writing on behalf of GMBI to express our sincere interest in submitting a proposal for the library furniture project as advertised. With a proven track record of excellence in providing tailored solutions and exceptional service to numerous libraries and municipalities, we are confident that we are uniquely positioned to meet and exceed your expectations for this project. GIM is a minority and woman owned company with 242 employees. We also have no concerns and will adhere to terms and conditions set forth in the "Exhibit II" and "Exhibit III° that are included as part of this RFP. At GIM, we bring extensive experience in designing, furnishing, and enhancing library spaces across various communities. Our commitment to quality craftsmanship, innovative design, and customer satisfaction has consistently distinguished us in the industry. We understand that the City of Santa Ana's Library plays a pivotal role in the community, and we are eager to contribute to its functionality, aesthetics, and overall appeal through our comprehensive furniture solutions. Our team comprises experts in library furniture procurement and installation, ensuring that every aspect of the project is meticulously planned and executed to align with your specific needs and vision. Over the past few years, we have done over 20 County Libraries, as well as the City of Brea and City of Yorba Linda Libraries just to name a few. Furthermore, our dedication to sustainability means that our furniture solutions not only enhance the library experience but also contribute to environmental stewardship. We prioritize materials and practices that minimize our ecological footprint while maximizing durability and usability, ensuring long-term benefits for the City of Santa Ana and its residents. We believe that GIM stands out as the ideal partner for this project due to our: 1. Proven Track Record: Successfully completed projects similar in scope and scale, delivering exceptional results. 2. Commitment to Quality: Utilizing high -quality materials and craftsmanship to ensure longevity and functionality. 3. Customer -Centric Approach: Tailoring solutions to meet the unique needs and preferences of the City of Santa Ana and its library patrons. 4. Sustainability Focus: Incorporating eco-friendly practices and materials into our designs for a greener future. 5. Local Engagement: Supporting local economies and fostering community growth through our partnerships and projects, We are excited about the opportunity to collaborate with the City of Santa Ana on this important initiative. Please find enclosed our detailed proposal outlining our approach, timeline, and cost estimates. We are confident that our proposal will demonstrate our commitment to excellence and our capability to deliver a superior library furniture solution that enhances the overall library experience for your community. Thank you for considering GSM for this project. We look forward to the possibility of working together and contributing to the continued success of the City of Santa Ana's Library. Warm regards, Brian Ogden — Account Executive GIM Business Interiors 15950 Nancy fudge Drive I San ]Mega, CA 92121 1 2021 Services Provided GSM 8asmasslnl—m and MillarK-tl AFP R,5p,p— for CUV If Santa All RFp NO, 24-989A Procurement Services GSM offers a personalized inventory management and ePmcurement system) After each project, our clionts will receive a complimentary online catalog of all standard products (eProcure), Products may be re -ordered or simply utilized for budgeting purposes. This program also boasts features to enable olther GSM housed or on -site asset management electronically (eAssets). GIM Installation Team With over 140 In-house client service team members, GSM is equipped to successfully manage delivery and installation every step of the way. We ensure that all product Is delivored according to schedules and coordinated with the site manager and tradespeople. We provide supervision, equipment, and all the necessary permits to proceed quickly and safely. And we verify the product against the delivery tickol with a commitment to clean, repair, or replace damaged product. Our installation services don't just start when product is delivered. We plan the installation, prepare the site, and disassemble and remove any existing furniture. If desired. we'll move existing furniture and reinstall It in a new locatlon. Our Installers are also Hannan Miller Cortitlod--moaning they complete a series of training programs and demonstrate a thorough knowledge of installation practices. We follow prescribed procedures and adhere to plans and drawings. When the product arrives, our installers unpack, stage, and assemble it In compliance with the manufacturer's standards — and restore the area to broom clean condition. Once instal od, we check the product carefully to make sure it's level, aligned, and working properly. Then we clean and polish It as instructed by the manufacturer. Even after Installation Is complete, our service Isn't. We also train your people to use the product, fellow up to assure you're satisfied, and make any necessary changes. GIM BAn— Inlarlo nd MIJ.,0n11 RFP R-ponsa farclty or Sand Ana RFP NO. 24-000A Project Management Our project management cycle starts with providing a Project Timeline to ensure project goals are front and center, enabling us to perform milestones on time. A full-thne project manager is assigned to each project and the team toilows the internal "POP" (Project Organization Principles) program which keeps all MlcroTeam members on track throughout the project. Key milestone checkpoints are tracked In our proprietary software at each stage of the project Throughout the project your GSM Project Manager wilt complete many objectives in managing your project; double checking measurements, attending construction or project team meetings, ensuring electrical requirements are understood, scheduling all product deliveries, ensuring sufficient quantity of Installers are on duty, conducting the Punch -list walks and teaching nur entire Client's staff how to adjust their new workstations, chairs, orgonomic tools and lighting upon move -In. If project delays are uncovered, our Project Manager will work closely with manufacturers to adjust shipping dates where possible. Often times, additional costs are avoided by the close monitoring of our PM's during construction meetings and site visits. Tools & checklists utilized to ensure quality In project completion: Project Milestones Each project Is automatically outfitted with all the checklists and Information to manage, track and document all major milestones for immediate retrieval during or after project completion. Pre -Install Checklist Step by step job site readiness categories guide our team to start the project with any potential obstacles accounted for. Equipment Checklist The GIM team will always be prepared with the proper tools to complete your job smoothly and efficiently. Post Doi Ivory Checklist Our job is not complate just because the furniture is installed. This list ensures that all aspects of the project have been addressed, from user domos to completing any punch Items. Project Management Services Phase 1 Discovery During this phase we will gain a clear understanding of all project goals and all macrolmicro problems to solve. We will discuss the desired move -in date and will culEivate evidence based data that will ahow for informed decision making. Phase 4 Project Management Utilizing our Project Organization Principals (POP) methodology we can ensure your project is GjM quality. PlanGrid software is utilized in the field for access to current documents with real-time updates and seamless file synchronization, leaving out guesswork and mistakes due to ouldated paperwork. GIM BOeineas Ineriors and MillerKnol! RfP Response tar City M Santa Ana RPP NO. 24-000A Phase Z Deliverable Development A Project Timeline will be created outlining key milestones to ensure project success, Once criteria (function, performance, aesthetic, budget and value) for product selection is clearly established, options are presented. State of the art visualization aides are developed to help make educated decisions. Phase 5 Quality control & Execution Your Project Team will do a number of verifications to ensure your order is accurate and will arrive complete and on -time. Your Project Manager will become a valued part of your team and will attend all planning meetings. verify Field measurements, mark electrical locations and coordinate all jobsite activities to include a final punch walk and order completion, I Phase 3 Final Quote Package A final quote package will be provided that includes; pricing with complete bill of materials, drawings, visualization aides, and fabric and finish selections. To ensure project management efficiency and the lowest service price, your orders will be organized for optimal installation organization. r 'Bow Phase 6 Value Added Services Additional services included in our project management offering include a Move -In Kit post move -in ergonomic training, My Window custom web portal, custom online catalogs for purchasing and quality audit services during interval visits. a S OL a "at A Oka an IN IM■■ man r. .Pft ,. . Design Support Today's work environments pose various dynamic challenges that leaders are expected to address. We are committed to be a knowledgeable source, armed with the most innovative, healthy and visually interesting solutions possible. We pass this knowledge on to our clients in order to elevate your workplace with an environment that is highly functional, visually exciting and is a cutting -edge solution for your business needs. In order to deliver an environment that meets the specific needs of our clients, we have identified a pragmatic design progression, outlined below, that ensures all facets of a successful project are identified and carried out the GSM way. Discovery This phase maybe defined through consultation, in which case a WE team member, and the Account Executive will meet with the client to discuss and identify the vision, mission, goals and criteria for the project as it pertains to each department within the facility. During the discovery sessions we will identify the work styles, collaborative needs, tools associated with each role and understand the activities workers engage in throughout the day in order to move work forward. Through our understanding of the space needs, work styles, and ratio of collaborative to individual work we can develop designs for supportive work settings. The GSM Electronic Customer Questionnaire's may also be developed, administered and dispersed to different departments and their staff to amass and evaluate space requirements for workstation typical development if so desired by the client. This phase will also include site documentation: field measurement and identification of all existing conditions such as electrical outlets, light switches, thermostats, sill heights, ceiling heights etc. Design Development The information gathered during discovery will be applied to develop circulation diagrams, setting diagrams, furniture space plans color scheme concepts, and material options to be presented and reviewed by the client. Revisions to the design will be made based on client feedback until all elements are approved and designed through scale drawings, material samples, renderings, and mock-ups as required. A94 ro 101 GSM Design Approach Cont. Interior Design and Furniture Standards • i Upon completion of design development, drawings will include panel heights, widths, electrical base in -feed locations, outlets, work surfaces, components, finish locations ■^ i e ^, j j (fabrics, paints, and carpets), 3D drawings and 3D renderings from multiple views illustrating all work settings with the approved color scheme applied. An accurate Bill of t.1 j t Materials of all furnitureldesign components will be derived directly from the final .. •' i drawings and finish selections to develop cost estimates. ! f Beyond the bill of materials, product masters will be developed to illustrate the furniture standards (manufacturer, model number, fabric and finish, department, and location within the facility) for the project and will be used by all parties in conjunction with final drawings, color boards, renderings, and all required environmental compliance documentation to p ' exhibit the design intent. The documents will serve as reference for all future furniture order "add on" or reconfigures. Product Master's will be printed for client sign off. All ' project information will be provided in printed and electronic format. Reconfigures and Future Furniture Orders Auto CAD drawing files and inventory of existing furniture will be updated as each reconfigureladd on occurs. All future furniture orders will be specified according to the billy r i of materials developed in the previous phase to maintain standards for future growth and flexibility. Practices, Codes, and Methods Furniture space plans will be designed to at least meet minimum clearances, exiting requirements, occupancy loads, and seismic provisions. Drawings will be reviewed carefully by the GIM Workplace Excellence Manager and Quality Control Leader to ensure, design and specification accuracy as well as compliance with all codes and regulations that apply.w����� Agreement Statement GIM Business Mori0M and LYneriCnoll RFP Response for CiLy MS—M An, RFP No. 24-080A Agreement Statement We have no concerns and will adhere to terms and conditions set forth in the "Exhibit 11" and "Exhibit III" that are included as part of this RFP GIM D,elneselnlul—and Mille rKnoll R€P RazNnse for City ofSan [a Ana RFP NO.2e-080A Firm and Team Experience GIM 3usrness rolerors and MtllaMnoll RFP Response for clry e{ Sw. A- RFP NO. 24-0Aoa About GIM Business Interiors Creating a passionate, educated and professional office furniture dealership. With humble roots dating back to 1944. GIM Business Interiors first got its start as a small office equipment supplier in San Bernardino, CA. Arrowhead Office Equipmentwas a one -stop -shop for customers office equipment needs. Soon thereafter, the business was incorporated as Goforth & Marti Office Supply Inc, and in 1087, it was purchased by William F. Easley. In 1589, William's son, Stephen L Easley, noticed a serious need for a more passionate, educated and professional office furniture dealer in the project delivery ecosystem. He envisioned an organization that embraced design and that could better serve clients by creating excellent projects and controlling all steps of the service process with in-house professionally -trained team members. Steve joined the firm as President, and the Contract Interiors division was re- named GIM Business Interiors, a division of Goforth & Marti, also becoming a Herman Miller dealership. In 2003, GIM Business Interiors expanded and relocated its operation from San Bernardino to Riverside, opening a new 36,000 sq ft facility. Four years later, GIM opened an additional showroom in downtown San Diego and a warehouse in Sorrento Valley. This was followed by two expansions of the San Diego Showroom as well as the new 40,000 square foot Client Experience Center in Sorrento Valley. GIM and Mi J.,Kno1I RFP Response for City of San fa Ana RFP NO. 24-099A In 2018, a new memberwas welcomed to the GIM family, DIV13. a DIRTT partner. DIV13's mission to create custom prefabricated interior spaces is harmonious with GIM's mission to create exciting workspaces that promote happiness, health and higher performance. In 2020, GIM Business Interiors continues expanding throughout the Southern California market and has opened a new 44,000 sq ft location in Irvine, CA. As one of the top contract furniture dealerships in the region with locations in Riverside, San Diego and Irvine, GIM serves more than 10 Southern California Counties and countless organizations seeking a business partner that will aide them in elevating theirworkplace. SALES 4 REPAIRS All MAKES 384 D ST. Nfll faLI9PIIrY .SI./'d�.�,v01.!/ We're Here to Serve You • 80 Years in Business • Herman Miller Dealer Since 198 • Largest MillerKnoll Dealer in So • 4 Showrooms • 5 warehouses • 1 Hour Deiivery Capabilities 14 Miles from Our Irvine Locatic 0 GjM Irvine 9750 Irvine Blvd, Suite 108 Irvine. CA 92618 GIM 8.sm s I.1—rs antl M�IIBrKnnll RFP Respo mr clrynf S.n. Ana RFp ND. 24ARDA Account & Project Team r Brian Ogden Marcie Olson Erica Jaime Melanie 5mifh Accaunl Eaeeutlre Jab Ceplaln Oeslgner ',oiect Manager lVgden�gmu�nel mnlwn�gmbi,nnl ejaimeg`+ymhl nel rs rnlil�gmhl nel 19A9j i99a08H 1949}469-0991 1990j 68"ial i9A51 yi1S12B Lauri Easley Jason Stierl Shellie BDllenbach Jeff Zimmerman Owner I CEO Mprhet P—idnnl Olr. of Cllenl First Salts Op. DIr. al Oppeera9ena WereFlruae 9 leaglaybj9mb�n8t In6afl®9mbl.nN s1npIlQi9ad1�aA161 na! Ins19jlallalfsn 19g9i 85N39]5 [di6]'.!•.'E71a (9091'-15-e rA] Irimmemian®pmM.Qee {6:'963]ai Stephen L Easley Josh Norcigren Bobby Dillon Danette Ferretti PAneIpaleOC olrsrinral werePlane sous.. Erniatl Mana9nm.nl olreemf rrollme.w. eanavecsmn sea�layl mhi nal Inordprerv�gmhrnel idillon�gmbl net dr—.Qdry 19.cam (e0918teABlA 19s913192953 1619i 933.3202 (61910<JO-SA95 GIM Buulnes. InlaH—nd MirlarKnall RFP Response for city orsanta Ana RFP NO. 24-0eeA Proposed Work Plan GIM B—ness Interims and MIIIerK— i REP Response for cityof Santa Ana REP No. 24 &uA G(M understands the scope of services stated in Exhibit I 1. Contractor shall provide a dedicated local representative. 2. Contractor shall review drawing for completeness, accuracy, and proper application of product prior to installation. 3. Defective/Damaged Products/Missing Paris: Contractor shall notify City of defective /damaged / missing part products prior to delivery and place such products on re -order. Contractor shall notify City of lead time on re- ordered products. 4. Partial Shipments: Partial shipments will not be accepted by the City unless authorized by the Clty. S. Manufacturer/Factory Delays: Contractor shall notify City of any manufacturerffactory delays. City reserves the right to cancel orders due to manufacturerlfactory delays, If it is in the best interest of the City. The City may elect to cancel order and seek equivalent product from another course. The Contractor shall be held liable for price difference and the City may seek damages. 6. Missing Parts: Al City's request, Contractor shall provide usable and good quality loaner furniture for City's use until missing parts are received and successfully installed to the satisfaction of the City. 7, Warehousing: Contractors) shall have the capacity to provide storage for office furniture ordered by the City when a project delay occurs. 'The Contractor(s) must provide warehousing at no cost to the City for a minimum of thirty (30) days. Please provide a monthly fee (to include any associated labor) for storage costs following the 30 days on Attachment J — Furniture Bid Form. 8. Any damage to City property incurred by Contractor will be repaired at GIM Rushm lnWl—nd MIIIe,K.11 RFP R.*p— for City n7 S4.t. Ana RFP NO, 24-090A the Contractor's expense and any repairs will not be accepted unless approved by City. 9. Contractor shall pre-Inspectfurniture for quality, damages and/or completeness or order priorto scheduling delivery. 10. Contractor is responsible for the disposal of all packaging materials f products ordered by the City off and on City site. All trash and debris must be removed and disposed each day of installation in an approp ro m rlate manner. 11. Uncrating at location of delivery Wil not be allowed unless authorized by City. 12. Furniture shall be delivered blanket wrapped, unwrapped, assembled, set in place, wiped clean of all fingerprints and function demonstrated to City. 13. Contractor shall ensure delivery site is left in a clean and orderly manner after Installation is complete. Project Lifecycle PHASE 1 PLANNING .kw£ualawd'a »aat�w�t,: rm n uru. .4 aaT VtRxoxm*J '� (�'j FINAL QUOTE i t t t ' IV/ I PROJECT DRiVERABLFS FIELD MEASURE GlM Business Inkennra and Mip,e apll RFF Response fir CKV It sa— Ana RFF No. 24-0804 MANUFACTURING �.wtr�[�lui.'�nIF� a, H.C.• r i uCF r?:. N, I I I r�naw'c �o�wm'arn.� I PHASE 3 PROJECT MANAGEMENT a INSTALLATION PRODUCT RECEIPT o�:-w.:�r"`�'. •.aa��e can t t i 1 J t t t Y PHASE 1 ? t PURCHASING 3 PRODUCTION Rol CLIENT APPROVAL. r-r,,lrr T klANAG. FPlFN; '� xa.� F ,as `:�m:ii::ax x � •• u,,:,e.-.m�so„w ux� .rE E w WEB -BASED SERVICES ERGONOMIC TRAINING a�.s:an �wm��eoa..s..rA I }1 PHASE 4 POST INSTALLATION SERVICES C FINAL PUNCH WALK I WARRANTY PT I G!M Project Timeline GLonr Wme: Or4.r Eimyeau {Frl�.ieTl Project Nainn: In.l.g Start Data IftWUt W) Project Lrcle Stur Qara: MovNn Oab {lFtx{IwWI CrNcd O.trs Ra4dr.d fa Lnpplya�AEvnaltl.. isr o lwgv Proycl Activities+ Milestones for ect Completion 6esign Phase Protluction Phase x:aalw,r rha:e Mevean Ph.., Wwss ynreY rwa Mora w..ta 1M.sH ..e.Y1t Mx%la awt 11 we t6 Mwalb Very lr bon le wroa S. waaeh a>rtP w4aa Ia4MM sYW 4. eeryVPlannintl glYga LITR4 a.'IYjI . i PresenfOrzltslnixussianvPricug 621l11 � !I']T!4 � Prnnrt Orawings 3 %mtl Pnnnq ]RentS ii—ifan]raxmg—Lrtlr 9nTfS. mer ProNa.a Putcna.e Orm. el].41T{ rosesses Cuslomr PO an4Onins Enrerey 1L�0']4 61]4R4 ro Manerxtere Pro4nclion Tme a>a I1S >.IRI ae ltk asoW aa:� »i{I aaalTl 'a>Ie3 �isS as llgl .»nll >.>Ilzl aew,mmmklvmernalto cempmen i`,'=,;_ tlae w.la Mrn caMl .. VI Ptm " Prujecl Phas — Phue GSM Business In iiil— 2024 P.d-tlon Phase B.e -- I Move-tn Phase References GfM �,L ..m aid ogle,K—H RFP Response i , City of Sanr, Ana RFp NO. 24-OBOA CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name; City of Yorba Linda Contact Individual: Julie zeoli Address: 4852 LakeviewAve. Yorba Linda, CA 92886 Contract Amount: $607,400.08 (657) 242-4602 Phone Number: EMAIL: jzeoli@yorbalindaca.gov Year: 2020-2021 Description of supplies, equipment, or services provided: REFERENCE Customer Name: OC Community Resources Address: 601 N Ross St Santa Ana, CA 92701 Contact Individual: Sherry Toth Phone Number: (714) 504-5880 EMAIL: sherry.toth@occr.ocgov.com Contract Amount: $300,000 - $350,000 per branch Year: 2022 Description of supplies, equipment, or services provided: Oversight and project management of various Orange County Library Branches, REFERENCE Customer Name: OC Public Works Contact Individual: Matt Dehart Address: 601 N Ross St Phone Number: (714) 371-7645 Santa Ana, CA 92701 EMAIL; matthew.dehart@ocpw.ocgov.com Contract Amount: $300,000 Year: 2022 Description of supplies, equipment, or services provided: Project Management of San Juan Capistrano Library THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-OBOA Page 34 of 42 Experience Brings Success Major On -Going Contracts I Local Government County of Riverside Client Since: 1990 Sales to date: $149.388.335 ContacL Suzanna Hinckley Assistant Director (951) 955-492a shinckley@rivco.org Scope of Work: Systems furniture, freestanding desking, files, tables, seating. design. delivery & installation. City of Riverside Client Since. 1998 Sales to date. $16,251.765 Contact: Christina Guerrero Facilities (961)826-6927 cguerre ro@aversideca,gov Scope of Work: Systems furniture, freestanding desking, fifes, tables, seating, design. delivery & installation. County of San Bernardino Client Since, 1993 Sales to date: $133,764,938 Contact: Cady Leslie Interim Director oFAumhasing (909) 387-2060 Cody lesl i e@ pu r. sudw unty. g ov Scope of Work, Systems furniture, Freestanding desking, files, tables, seating, design, delivery &installation. City of San Diego Client Since: 2011 Sales to dale: $8.515.497 Contact Karen Johnson Facilities (619) 236-6191 kkfohnson@sandiego 9ov Scope of Work: Systems furniture, Freestanding desking, riles, tables, seating, design, delivery & installation. Subl-I to C-lidenUhly 14.1-- Proprietary & Confi County of Orange Client Since. 2011 Sales to dale: $45, t99,179 Contact Debra Doerr Building Manager (114)667-9693 debre doerr@ecgovacom Scope of Wnrk: Systems furniture, freestanding desking, riles, tables, seating, design, delivery & installation. Inland Regional Center Client Since: 2004 Sales to date. $3,476.485 Contact: Sandra Guzman Executive Assistant (909) 990-3416 sguzman@inendn; org Scope or Work. Systems furniture, freestanding desking, files, tables, sealing, design, deiivery & installation. Experience Brings Success Largest Single Purchase Orders Ghent Name Protect Nam. Yam, Pala— Curia, __......................__._..._......_.,.............. ,.......... I ... ,.....�.. .. .. .. InMadatl Amount NO"I MWW CenW Ban DNo Lob & Clt to Renovau— 2000 M.0010J)OD.01) Los Angele.Al, Faroe na.e New Baas Bulldln9a Famlehlrao and MOW 2005 $IB,OW,OW.W Us Navy SPAWAR(5ingre YW Renovation) '2011 $IO,ODDA00.00 0aaa1 Modlcll Cenlar San.e00 Exam Room RO MII,n P,eleot 2009 $ 16,0D0,000.00 City a a., Dlspp 'Wwc-'lma 2019 $1$DOO,VIOA0 can mago Gas&Elsohlo N,wCcrU..t 201D $12.IDW,000.00 'SPAWARS.a DIOg. - FurnI-Syelams and FMrIUre2Aena0emenl earvle..- 2D17 $. 9,500,066.60 Courtly of Orange SSA 3.nla Ana Regional Cenlor Building 20D $ O,oW,000.0o Illumrna, IV. 13-.Wmpu4Prcledl 2D17 $ 0:000,000.0a Sampm Eaergy Naw Heaaqua,te Tower, San Diego MT5 $ B'wo'Oumo US Cgraen'a rmmrgradsn aerylca Nam lrvlhg Tease B9rYlce L- tar A21 $' Z'WO,000.00 USCS US CIIimn'01mml0raron SdYrce New Dall,,T—,Campus Min i 7,910,00003 Gflmn StrtaEuroM$Wlna[top C—UuW.. SuImblack-Bldg 15 PmjelJ fmT eoenlyorU.N. -.2010' V 6,000,0OD,DO Zcvlo. Phoenkxformerly Brldgapolnl Eog DO3ldnlo,Boavtrucllon and Ranitum MIP F 6,000.669,00 L-0U da:UNvardly Medical Nuts .Naw MilAmn's Tower IpMool 2021 $ b,600,000,00' US "'I Mad... Camp Paldle[an Re➢lac.m.nl H.mM1 Prolog 2013 $ 5.600.00D,00 CallrornlaAdminl.a. D[DceofNe Catch Now Sam Bprnmdno Stal.Gourihwao Bulldrq 2014 ; S,".Qual,DO Arnawhead Ra6lonal Medal C.nler Complete Ned Campus 011 Pepper AO Bator 1090 $ 5,DOO,gm.00 Rudolph&SMIEen San Dmrmdlno.Juelfs. C.nhrf 2016 $ 4,4W.DD0,00 Tandem Olbopas Caro San Dkgo lnnova[hm canter 2D22 ; 4, 100A00,00 COy.nr RrWrdda, CITy Ha¢ Ranaynll'on Prdool 2004 ; 4,000;01W,00 Loma Linda Vuivorsdy Medical Canter Leona Linda U,dlereily AHSC IT D.pM]dg 107 2010 $ 4000000,00 Ban DIN.0M,&ElecDk 'OP I rwrmoh.Prapct 20M $ 4,000p00,00' Crlck.1 CommunM I— New San EWNDalwer Wall Bid Award 2009 $ 3,600AOW.us Skimp tloal[houm Si lnnprdrhn:Aea7er:Hsadgdarp.ra 2022 $ 3T00,000,00' Rlverelda Unlwrelly Health Syd.. MOde.I sdrge,y cener Towur Prgeol MM ; 3,65C.000on Mrael'on Federal GMdl U.l.T Naw. San Clog. ti.adqualla'a.pmlact 2010 ;'O,50q.060.00 County mfo—ge Soolel 6-1... Ageney Building 201D $ 3.600.00000 R]uorsklo Courtly Regional MOdlbal Center Co 49. N'ew'CnlnplamFnoulil. Cwuplm leco ;. S,'500;000M an [Yego Bees& Eleshls LighMray. P,.]oat 2C 12 $ 3,500,000.D0 Becton Olaklnaod{Oq BD:BIoacleil—San Meg, FFS,R 2... $ 8,500,OW:W Ban Dleg. Gae&Elealllo CP Sag prolect 201T $ 3,400,OW.00 San OleBo ila&&'FJe.l11e CPl Refrssh - - 2020 $ 0,.400,0D0.Du Grl10n&Iruclumalfiwlnerlon Consbucllcn SupmbkOk Bldg 14 Protml[a counlyof Gunge 2022 $ 3,4W,0W.9D 814a CompansslOnln.umnrs NMI Plaes IN Haadq—g.. Rem.Is PrOe.t 2022 .$ 3,4090000 Sharp Hnalthcgm Sam Dls0O SPOallum lAn—U.n Carle, 2022 $ 3,320,000.OD Oeaten DkM—n(DD7 Tempe A7; Ids. arildlnO. 202D $ 3,3DD,000:01) 8Crrppa HeaNr Sodppa ManoRal Hoapllal Ue Jolla Tower 2 Pentad 2023 $ 3.260,pC6.0p Bridsnpoint'EAacrtM Chardkr All— OIRTT'PN1eut 2010 $ 3,200,000.00 County or RiveraId. DPSS Lake Elalrom Pm].cr 2ull $ 3,3M,OUC.00 Ecu Naw Hmdquwlera Building- Bids Q. Redlands; CA 21111 $. B4OWA00.00 Sr'lpp. IM'11h 4S Ranch Renovation PMOA MIS $ 3,0D0,000.00 unmato ll Oneatcall Nov Hoadgrurkre$a% Diego. Mil $ 5,000,CCO.00 Sharp Hasilum. Copley Runlet 2018 $ 3,000,000.00 C-'.r Clallga 0I0I03Adorney 9020.. $ SIODD,000.00 Fell Bldg E DTce., R.dhPlf., CA 2020 $ 3.W%000A0 Surip"ffomih Ormansrds Cea6brl Medical Canning&Ja7eraon 2020 $ 2,000,000.00 Cauilly of San ROrnardin HISS Ban 6,uwdlndRenuho Cucnlnooga TAB 2014 $ 2,900,000 Uo Subject to CDnlldenliallly Notice - Proprietary & Confidonllal Want Name Pmlecl Name fear Purahsse C,dw _..._..._..._,...,_,.,.........................,...._..._._..._._...__........._..._._..._..... ,_..,__....... _..__. Inelalled Amovnl V,mr1 Hag Carlsbad IlQ Slag FF&E - 2024 $ 2,600,OW:00 sodppe Health Prebys Canll... —on lns4lute 2015 $ 2,750,1)00.110 W.Wd. Orlwrdil tlaallh syel.m Mmano Valley Medical 8ugery Canter 2020 '$ 2,750,00c.00 Sedan Dlodneon lBDI BD Curie MINIae Bldg 3 2023 $ 2,710,MD.00 Calmly nIIIII- lda Oounty Adnlhlelmpo.CenterRerrdaationiAnnax 2009 $ 2,suo'c 00: Madlmpent New San Oar. Asadquarp.r. 201131 $ 215uu100000 CilyolVl.fa ' NewGlvl, Carl. 2%11 $ 2,500=00 Hnle.r Parmanenle x.las, School ofdsilalh.- Paaeae.e 2020 $ 2.45DA00.00 Cour" of San eemardlp Audmar OD.Irnflor R.—Iren 2000. E 2,400,000.00 Scripps H. 10, La Joi.AMBfMOR 201a $ 24DD,DOOM Snipe. Haath Raclin Road PiniDatNorlh&South Bldg 2016 $ 2400,000.00 Bddg.polnl Ell--. Chandler All— Phaaa One Nara r0 2019 $ 2,0D,DDDAD Y0191erTNA Cnmpany - Naw Pasadena Bldg FF&n'Prbleel 2023 - $ A.9501011.00 US Federal Depnslt Mum— Cmpomtlon Naw livin0 Complex 20DD $ 2.3DD,000.01) Lee Aagelra. Ak Force 54.0 BAlding270 r271 RaSlankprofael 201E $ 2,8W,006.00 San ON. Gas &Elpclda GrOOnwal0 Fa010ry Mlb $ 2,30D,000.00 R.aMed C«pwmUon Naw Kemeny Mass campus Pr,4,,l R000 $ 2.200,000AO County er San Bernardlno Coady AdminlehaWn Crnle, RenovaDon 2010 $ 2,200,000.00 129raFrlelcn Ohl."L... Ham 2013 2;200,000AO U—Ly or RI —ids DC56 Nmv Hunter Park DulMlnge 1. 2. A 3 202D ; 2,110,000.00 C..fean Berlladin. $an BerilOolVe New Flc.81OIIooPxf.at M22 $ 2.110,D03.00 Clly of L.. To..] CIIy vl take Fowal CNIO Center 2020 $ 2,100,666.00 Counlyy.rCmnga YMe Slreal TranelpmW H-199 Pao(ecl M21 ;'2,.1001,000110 Shoupploaftam Chula Vista CVT Palanl Ram. M10 $ 2,060000W C.Ig.rda DapilaCUr]y Mty CB9 Schad of eiare0e:p,o7edE M12 1 2,000,0c0110 Pat.. New San Ankmh TK H.adgnmlars Pmloct 2D12 $ 2.000,OOD 00 Clly ofIMc, POWs 8afelyCarl FP&EP.I .2O24 $ 2,000,00D.DO city or Ea—drdo Pd1sa8 File Nmx P.1k.&Fir. Balking 2" ; 1.000,000,cc Courtly nf.Omnge SSA Moulton Parkwt,y Remedial PPject 202D $ 1.900;000A0 County Is-Ba-0,O C.MyRB—IMA3ctO. llching PfOle41 2022 $ I'M0,000.cc .US- Cilawmimmlgral[on sow*. N—Limn,..Beaoh RenovM'mn 2014 $ I'MO.OD0,66 HOlmo,gy.l son Diego Hmnh Syelnma Llghla— Contact Canlef Projacl 2018 $ I'M0,00D.UU Neudcrhtaal silences, Inc. Naw Ban Ol.go Dulknag Tl Pir$.ct 2010 $ 1,800.000-00' Sorlppe Health EncrnitaO Madk.l Omca Bullding 2021 $ 1,000,OOO.DD County or 1.1-1Smvlcps Agonoy Cypress Project 2022 $' 1:800,0W,00 COC Conothkllon 9ervkas&D—Impan"I Co or San HmnaMlno Flle CIRTT Pnofent 20M $ 1, 750.000100 Bromed Realty, L.P. 8. Win, HC Ohl. MW $ 1.M0.0 Duc Earl Redlands Bldg C Phis. l Pre.1 MI $ I'M0,003,cc Bank of."wrlon San FmnT.da DIV13 CIRTT P,oject Phase l&.2 2022 $' 1,700,00DAo M.—I LlreScianoa San Dlag, Ph 2 F02 FF&E Protect 2023 $ 1.700.Opp.00 COardy.fRiverelda DPBS NorooOPSS F—ILAA& Rotucalion ProJoot' 20M $ 1,800;ODDcc Candy as., Berland— HSS N.w Lonptlon, Lillie Maanlon TAD MM $ 1.600.DOD,CO Hid KOly D.—"00 Oface 2011 ; 1,600,00p,00' Ban W-1 Band of Mlsekn Ind,na flan Manuel VIEnga Ti 2009 $ 1,do0,33D,cc Gnarly die., Bmrmndlro Ccllbn TAD R.16.11.n Pmlapl Mf0 $ 1,000,300.00 San Dlegc Gas A Elc,nO UP 6.2 Can center 2017 $ 1,600,DD0,00 Naurocrina BlOxlencee, Inc. Jumpspaca& Jawilan Balding. Prgoq 2018 $ 1,600:DWD 00 Harper COndrucllon Campmy WAS Leanne dose P391 Mariana... !long,, 2023 $ 1,5DD,DW.00 cal. Slata.Unl-elty Comingusz Hhia. Naw LIWy 2010 $' 1,400,DU0,00 "46 E. CITY OF YORBA LINDA Y[A.a IIUA cn 1:s► \ , %\ lammmik GIM Business Interiors and Mdkri-K-11 RFp Response 1nr Cirs of 5anfa Ana NI No. 24-DROA 1 1 4 _ — Glm Business Inferiors Project Portfolio M W--7 -'�d �� `•,sue- EL TORO LIBRARY$ FI TORO. CA O±, GIM M-as Inlsfi— and MillarKnnil RFP Response for City of Santa Ana RFP NO. 74-OBOA GIM Bnainess ht n— Project Portfolio RANCHO SANTA MARGARITA LIBRARY F VICHO SANTA MARGARI [A, CA GIM Business interiors antl klk.M.oll RFP Response k , City of S—Ana RFP NO, 29-090A GIM Business Interiors Project Portfolio Certifications AIM Business Interiors and MillerKnoll RFP Response !or City of San V Ana RPP NO. 24-0HOA (9) CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certifications - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Goforth & Marti, dba: GSM Business Interiors Phone: (800) 686-65831 Fax: (951) 684-0837 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 9750 Irvine Boulevard, Suite 108, Irvine, CA 92618-1676 BUSINESS ADDRESS Josie Wonq Donley CFO/VP of Accounting PRINTED NAME OF AUTHORIZED AGENT TITLE TURE OF AUTHCYI'�`IZED AGENZ7 DATE 95-2091271 944352 FEDERAL ID NUMBER (IF APPLICABLE) 366234 Dogden@gmbi.net E-MAIL ADDRESS CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Sania Ana RFP 24-080A Page 33 of 42 [a] k WKS];&EI Lk r�V�1►I�1 ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE City orYorba Linda .Julie Zeoli Customer Name: Contact Individual: Phone Number: Address: 4852 LakeviewAve. (657) 242-4602 Yorba Linda, CA92886 EMAIL: jzeoli@yorbalindaca.gov Contract Amount: $607,400.08 Year: 2020-2021 Description of supplies, equipment, or services provided: REFERENCE Customer Name: oC Community Resources Contact Individual: Sherry Toth Address: 601 N Ross St Phone Number: (714) 504-5880 Santa Ana, CA 92701 EMAIL: sherry.toth@occr.ocgov.com Contract Amount: $300,000 - $350,000 per branch Year: 2022 Description of supplies, equipment, or services provided: Oversight and project management of various Orange County Library Branches. _7-4 -4 -4 7-4Ar.» Customer Name: oC Public works Matt oehart Contact Individual: Address: 601 N Ross St Phone Number: (714) 371-7645 Santa Ana, CA92701 EMAIL: matthew.dehart@ocpw.ocgov.com Contract Amount: $300,000 Year: 2022 Description of supplies, equipment, or services provided: Project Management of San Juan Capistrano Library, THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 34 of 42 (9) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP, Goforth & Marti, dba: G[M Business Interiors Signed and Printed Nan Title CFO/VP of Accounti Date 07/ _ 12024 Josie Wona Don THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 35 of 42 (9) CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Sign State of California , County of Riverside rscrib and sworn to (or affirmed) before me on this �a day of a 20�by s%e � proved to me on the basis of satisfactory a dent o be the person(s) appeared before CHELLY MEDINA socary public • Caltfornla Riverside County Commissian # 2487687 {� •"'�`My Comm, Expires Apr 21, 2M Notary FMPLvSignature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-OBOA Page 36 of 42 CALIFORNIA JURAT GOVERNMENT CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California _/,, County of : l 1 UC�! S� C� CHELLYMEDINA Naary Publlc - CalRiverside CauCommissian # 2s87687 40my Comm. Expires Apr 71, 2028 Place Notary Seal and/or Stomp Above Subscribed and sworn to (or affirmed) before me on this day of c. 20cxby Date th Year d6sve Ze (and (2) Nome(s) of Slgner(sj proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature` rgn Yure of Notary Public nos if-%ki A 1 Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: ` ' �7 �G�7 e i90 [mot �Ji G�aV'a Document Date: /tom? {/ Number of Pages: Signer(s) Other Than Named Above: ©2019 National Notary Association (9) CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients hall certify and disclose accordingly. Signed: Title: Josie Wong Donley, CFO/VP of Accounting Firm: Goforth & Marti, dba: GIM Business Interiors Date: 07112/2 024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 37 of 42 (9) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City of Santa Ana RFP 24-OBOA Page 38 of 42 (9) CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. }pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats, 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Josie Wong Donley, CFO/VP of Accounting Firm: Goforth & Marti, dba: GIM Business Interiors Date: 07112t2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-08UA Page 39 of 42 (9) CITY OF SANTA ANA ATTACHMENT G SAM.GOV UEi VERIFICATION On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third -party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov, including UEI and active registration status. Proposer's UEI: HCWRS39M4BL5 SAM.gov Registration Expiration Date: 11/28/2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 40 of 42 ATTACHMENT H CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) I. Pursuant to 2 CFR 180,335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. C � �"� C tant Josie Wong Donley, CFO/VP of Accounting Name and Title of Official Authorized to Certify On Behalf of the Consultant 07/ 12/2024 Date City of Santa Ana RFP 24-080A Page 41 of 42 ATTACHMENT H (cbratm edy GERfI NATION RI GARPING GEBAi Ni NT, INi LIG113ILit-Y,AN© VQLIINTAR EXCLUSION INSTRUCTION FOR CCRTIFICATI:ON 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in. this clause. is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that. the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, In addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide Immediate written notice to the person to which this proposal is submitted If at anytime the prospective recipient of Federal assistance funds learns that Its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances.. 4. The terms "covered transaction", 'debarment", "suspension", "disqualified," "Ineligible", "lower tier covered transaction", „participant"; "person", "primary covered transaction", "principal", „proposal", and "voluntarily excluded", as used 1n this cause, have the meanings set out in the Definitions and Coverage sections of rules Implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance In obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,, disqualified, declared ineligible, or voluntarily excluded from participation In this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title. "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excludedfrom the covered transaction" unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings, 8. Except for transactions authorized under paragraph 5 of these Instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who Is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. City of Santa Ana RFP 24.080A gage 42 of42 7118124, 9:31 AM SAM.gov � An oNicialvve6site orthe united States government Hei e's how you know !! _SAM.00\r o0 [I� Requests Q Notifications oo workspace Q Sign OuL Home search Data Bank Data Services Help Core Data Entity Registration Core Data Business Information Entity Types Fina ncial Information Points of Contact Assertions Reps and Certs (FAR/DFARSI Reps and Certs (Prianciat Assistance) Exclusions Responsibility / Qualification Entity Information GOFORTH & MARTI Active Registration Unique Entityl0 CAGE/NCAGE ExpirotionDate HCWRS39M4BL5 OV2K2 Nov 28, 2024 https:llsam.govlentitieslviewlHC W RS39M4BLblcorepata?status=Active&emrKeyValue=1064810-1701276490063217 116 7118124, 931 AM Physical Address 110 W A ST STE 140 San Diego, California 92101-3702, United States Purpose of Registration All Awards Version Current Record BUSINESS INFORMATION Doing Business As URL G/M DUSINESS INTERIORS https://www.gmbi.net Division Name Division Number (blank) (blank) Congressional District State/Country of incorporation taliforoia 50 California, United States Owner CAGE Legal Business Name � Immediate Owner (blank) _.._._._-{blank}------_. _._.__.. i Highest Level Owner (blank) (blank) Executive Compensation SAM,gov Malling Address 1099 West La Cadena Drive Riverside, California 92501-1413, United states Registration Dates I Activation Date Initial Registration Date 0ec1,2023 Apr22,2002 j Submission Date Nov 29, 2023 j Entity Dates I I Entity Start Date Fiscal Year End Close Date Jan 1, 19" Dec 31 Registrants in the System forAward Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L.110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspend€ng.gov for display In association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. SAM SEARCH AUTHORIZATION I authorize my entity's non -sensitive information to be displayed In SAM public search results: hitps:flsam.govlentitleslviewlHCWR539M48L51coreDala?status=Active&emrKeyValuo==1064810-1701276490063217 210 7118124, 9:31 AM Eyes ENTITY TYPES Business Types Entity Structure Entity Type Profit Structure E Orgarization Factors Corporate Entity (Not Tax Exempt) Business ororganization For Profit Organization (blank) FINANCIAL INFORMATION Payments Accepts Credit Card Payments Yes ACCOUNT DETAILS EFTindicator 0000 CAGECode OV2K2 SAM.gov Socio-Economic Types Minority -Owned Business, Women -Owned Small Business, Women -Owned Business, Aslan-Pacific American Owned Check the registrant's Reps & Carts, if present, under FAR S2.212-3 or FAR 52.219-1 to determine If the entity Is an SBA-certlfied H U BZone sm all bus! ness concern. Additions I sm all business Information may be found In the SBA's Dynamic Small Business Search If the entity completed the SBA supplemental pages during registration. Debt Subject To Offset0 No POINTS OF CONTACT https:llsam.govtentitieslviewlH CW R639M48L51eoroDeta7status=Active&emrKeyValue=106481fl-1701276490063217 316 7118124, 9.31 AM Electronic Business Primary Point of Contact Diana K Nickell, Contract Administrator Add ress 1099 West La Cadena Drive Riverside, California 92501-1413 United States Alternate Point of Contact Diana K Nickell, Contract Manager Address 1099 West La Cadena Drive Riverside, California 92501 United States Government Business Primary Point of Contact Stephen L Easley, President Address 1099 West La Cadena Drive Riverside, California 92501-1413 United States Alternate Point of Contact Diana Nickell, Contract Manager Address SAM.gov httpsllsam,govlentitieslviawlHCWRS39M46LWcoreData?status=ActiveBemrKeyValue=1064810-1701276490063217 416 7/18124. 9:31 AM SAM.gov 1099 West La Cadena Drive Riverside, California 92501-1413 United States Past Performance Primary Point of Contact Diana K Nickell, Contract Manager Address 1099 West La Cadena Drive Riverside, California 92501 United States Alternate Point of Contact Diana K Nickell, Contract Manager Address 1099 West La Cadena Drive Riverside, California 92501 United States Feedback Our Webslte Our Partners About This site Acquisirion.gov Our Community USASpending.gov Release Notes Grants.gov System Alerts More Partners hitps-gsam.govlentitieslviewlHC WRS30M4BL51mreData7status=Active&emrKey Value=1064810—t 701276490063217 5/6 7118124, 9:31 AM SAM.gov Policies Customer Service Terms of Use Help Privacy Policy Check Entity Status Restricted Data Use Federal Service Desk Freedom of Information Act External Resources Accessibility Contact 0 WARNING ffl, This Is a U.S. General Services Administration Federal Government computer system that is "FOR OFFICIAL USE ONLY." This system Ts subject to monitoring. Individuals Found performing unauthorized activities are subject to discipiinary action including criminal prosecution. This system contains Controlled Unclassified information (CUE). All individuals viewing, reproducing ordisposing of this information are required to protect it in accordance with 32 CFR Part 2002 and GSA Order CID 2103.2 CUI Policy. SAM.gov An official weusite of the U.S. General Services Administration hUps:Nsam.govlenbtieslviewlHC W R S39M4BL51COreData?status=Active&emrKeyValue=l D64810-1701276490063217 616 EXHIBIT C FURNITURE PACKAGE A (I1mP sum award) Bid Form-Allechmsnl J PLAN CODE ITEM MANUF6CTURRR MOnP1_ I. FSn TINS 431 (IN-..- Olbman NORVAMIV L GF2ASSYOTT 641 WEEKS 6 1360.87 4 1211.02 B-4 OILI PALMIFRI BLOOM "WEEKS 2 MOM 1 2601.22 130.1 Oiltdew B..h LOU DESIGN 0-10 WEEKS 4 05.07 § 231fA§ CL•1 Lounge Ch6lr BERNHARDT DESIGN HAVEL 6,7 WEEKS 3 2086.72 $ 6260.18 GI Loge Chalr Lounge BERNHARDT DESIGN CHMA 6.7 WEEKS 1,17420B 13,041.44 GI Lounge Chalr BERNHARDT DESIGN AUTOMATIC 6.7 WEEKS 3 15fl4.87 $ 4,71 1 CLS-1A M.&., Lounga B6.Bng (POVrer) BIT ON IT II 6,6 WEEKS 1 7440.4 T,649.60 C1.9-115 MOdlllar Lounga Sea3ng SITONIT PMEA &BWFEKS 2 1i596,73 $ 11A77.46 CLS-1C Modular Launge E..Ung SIT ON IT PASEA &o WEEKS 1 01 $ 6321.81 CR-1 Reader ChMr AOATI ETTA 12.10 WEEKS 02 722.10 $ 68493.92 CR-2 Reader Stool AGATI ETTA 12.18 WEEKS 20 970.87 $ 16 L447.0 C10-1 Outdoor Lounge Chao LOLL DESIGN Brio WEEKS 2 606.87 $ 1,191 CLO-2 Outdoor Lounga Chelr LOLL DESIGN 0.10 WEEKS 4 520.20 6 2,117.14 CM-1 MBBIIAg Chalr SANDLER ARYN 8.10 WEEKS 46 024.f7 S 28,860.1fi CM 1A M..ling C Ir Daily SANDLER ARM 0.10 WFEKS 2 610.31 S 1080.12 CM-2 Meeling Choir OFS FLEKKY 6.3WEEKS 2q 100.60 0 1143TA4 CM-S Me.ting Chglf OFS GENUS 69 WEEKS 6 108.38 S 1,30T.04 CP7 01 Chalf TALL DESIGN 8.10 WEEKS B 402.72 S 2,776.12 CO-2 Outdoor Chalr LOLL DESIGN 3.10 WEEKS 4 362.02 S 1,631.28 TO-1 outdoor Tahle LOLL MIEN 3�10WEEK9 1 695.07 $ ISSAT TO-2 Outdoor Tadle LOLLOESION 6.10WEEKS 2 706.0i $ 1691,22 TO-3Ouldeo7 T.M. LOULDESIGN I 0.10WEEKS 2 lima $ 2,26TAe t TBO.1 {1uWoor SldO Tanta LOLL OE81GN 8.10 WEFKB 3 1084 S 618,20 TR2A Raadar Tadle OFS KINTRA &IOWEEKS 4 3339.90 6 ID-369-94 TR2B Rn3d. Tehle OF8 KINTRA 6-IOWEEKG 10 4036.04 $ 4p,390.$0 TGI C.M T.M. OFS NINETEEN20 68 WEEKS a 137.62 $ 2,213.40 TIM Metier T.hla PALMIERI LAVORG 0-IOWEEKO 1162565 $ 0.602.60 TL-I LI INATIow UNIVERSAL 10I WEEKS 1 3132.65 $ 3,1SL06 M-1 Crook JAMERIGAIN TIME WTFI 4-B WEEKS 10 228.67 $ 3.577.92 SUBTOTAL FURNITURE PACKAGEA(A) ¢ 273,601.01 D06fga, R-w-,Dellrer, and hlsr 7.11.(B) $ 34,325.66 6Ye/ege G.O. Afaw 1 MonM Bee Sbrage (Am6fhly Faedo grdude aN 1o0eY a46oefefed wf7h ata'.g.) 1 447 MONTH PER 286 CU FT GRAND TOTALFURNITURE PACKAGE A(A06) ¢ 307,988,47 GRAND TOTAL AMOUNT WMTT15N IN WORDS (A+B). Threehundred sown lhoasand Won hoI Plno"lghtdollors and forty-seven eonis EXHIBIT D FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Contractor shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NONFEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A): Appendix It to Part 200 (B): Remedies for Breach: Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 C -- Equal Employment Opportunity:, If this Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Contractor agrees as follows during the performance of this Agreement: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (iv) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The City further ag rees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Contractor and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction 2 contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Park 11, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix 11 to Part 200 D — Davis -Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D)— Copeland "Antti-Kickback" Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix 11 to Part 200 (E) — Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The 3 Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix 11 to Part 200 (F) - Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Contractor must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.. (g) Appendix 11 to Part 200 G — Clean Air Act and Federal Water Pollution Control Act: (I) Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (1i) Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate !environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000, (h) Appendix II to Part 200 (H) -- Debarment and Suspension: 0) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (H) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. 1f it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work underthis Agreement are not debarred, disqualified, 4 or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Agreement. (1) AAppendix.I I to Part 200 (1) — Byrd Anti -Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certifications) to the awarding agency. (j) Appendix II to Part 200 U - §200.323 Procurement of Recovered Materials: (i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (ill) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — &200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (11) See Public Law 115-232, section 889 for additional information. (1) Appendix I I to Part 200 (L) §200.322 Domestic Preferences for Procurement: (i) Contractor shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete, glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; 9 (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Contractor agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Contractor which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Contractor for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Government -wide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. 7 (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Contractor agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Contractor understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. the following: Congress; The list of persons and entities referenced in the paragraph above includes (1) A member of Congress or a representative of a committee of (2) An Inspector General; (3) The Government Accountability Office; management; enforcement agency; (4) A Treasury employee responsible for contract or grant oversight or (5) An authorized official of the Department of Justice or other law (6) A court or grand jury; or (7) A management official or other employee of Contractor, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurancesof Compliance with Civil Rights Reguirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Contractor ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d of seq.), as implemented by the Department of the Treasury Title Vl regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Contractor acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Contractor understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Contractor shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. Contractor understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (Ili) Contractor agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FIR 6067. For more information on LEP, please visit http://www.lep.gov. 9 (iv) Contractor acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Contractor and Contractor's successors, transferees and assignees for the period in which such assistance is provided. (v) Contractor agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Contractor and the Contractor's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) Contractor understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Contractor, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Contractor for the period during which it retains ownership or possession of the property. (vii) Contractor shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Contractor shall comply with information requests, on -site compliance reviews, and reporting requirements. (viii) Contractor shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Contractor must also inform the Department of the Treasury if Contractor has received no complaints under Title VI. (ix) Contractor must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Contractor and the administrative agency that made the finding. If the Contractor settles a case or matter alleging such discrimination, Contractor must provide documentation of the settlement. If Contractor has not been the subject of any court or administrative agency finding of discrimination, please so state. If Contractor makes sub -awards to other agencies or other entities, Contractor is responsible for assuring that sub -recipients also comply with Title Vl and all of the applicable authorities covered in this assurance. 10 Agreement_ Goforth Marti dba GM Business Interiors (Library Furniture) —unsigned Final Audit Report 2024-08-30 Created: 2024-08-29 By: Dylan Dario (ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAIA-sgz7szKEUmcJgQSXO2PGQU3M7gQcq "Agreement_ Goforth Marti dba GM Business Interiors (Library F urniture)_unsigned" History `j Document created by Dylan Dario (ddario@santa-ana.org) 2024-08-29 - 10:58:02 PM GMT �► Document emailed to Brian Sternberg (bsternberg@santa-ana.org) for signature 2024-08-29 - 10:59:09 PM GMT Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2024-08-29 - 11:07:51 PM GMT 6© Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date: 2024-08-29 - 11:07:59 PM GMT - Time Source: server C�. Document emailed to Lauri Easley (leasley@gmbi.net) for signature 2024-08-29 - 11:08:04 PM GMT Email viewed by Lauri Easley (leasley@gmbi.net) 2024-08-29 - 1 1:09:49 PM GMT dp Document e-signed by Lauri Easley (leasley@gmbi.net) Signature Date: 2024-08-30 - 5:05:28 PM GMT - Time Source: server 4 Agreement completed. 2024-08-30 - 5:05:28 PM GMT Adobe Acrobat Sign CITY OF SANTA ANA AGREEMENT WITH J.K. MIKLIN, INC., DBA YAMADA ENTERPRISES TO PROVIDE PUBLIC AND OFFICE FURNITURE AND INSTALLATION SERVICES FOR THE MAIN LIBRARY RENOVATION PROJECT THIS AGREEMENT is made and entered into this 1st day of October 2024 by and between J.K. Miklin, Inc., a California corporation dba Yamada Enterprises ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 6, 2024, the City issued Request for Proposals ("RFP") No. 24-080A, by which it sought a qualified contractor to provide library public furniture and modular officer furniture services. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-080A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services described in the Scope of Work from RFP No. 24- 080A attached hereto as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, attached hereto as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Contractor's Fee Schedule, which is attached as Exhibit C and incorporated in full. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed Four Hundred Seventy -Three Thousand, Seven Hundred Fifty -Nine and 00/ 100 Dollars ($473,759). The sum is comprised of (1) the base amount of $411,964 and (2) a fifteen percent (15%) contingency in the amount of $61,795 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of Page 1 of 11 proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. C. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2026, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to one (1) one-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Page 2 of 11 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office ("ISO") Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Require policy limits can be met with primary and umbrella/excess insurance policies. (2) Automobile Liability (AL). ISO Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. (3) Workers' Compensation. As required by the State of California, with statutory limits, and employer's liability insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees (4) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Page 3 of 11 In C. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: (1) Additional Insured Status. The City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and AL policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. (2) Waiver of Subrogation. Contractor shall require its insurance company(ies) to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from performed by Contractor for City. (3) Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary and any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (4) Severability. A severability of interest provision must apply for all the additional insured, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. (5) Notice of Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. (6) Certificate Holder. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Ana, Attn: (name of department staff responsible for Agreement), 20 Civic Center Plaza M-XX (responsible staffs department mail box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Page 4 of 11 d. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. f. Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: (1) The retroactive date must be shown and must be before the date of the Agreement or the beginning of work. (2) Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. (3) If coverage is cancelled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. g. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, Page 5 of 11 by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of Page 6 of 11 law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Library Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: J.K. Miklin, Inc., dba Yamada Enterprises Attn: Jr. Arroyo, Representative 16552 Burke Lane Huntington Beach, CA 92647 A party may change its address by giving notice in writing to the other parry. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Page 7 of 11 Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital Page 8 of 11 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. FUNDING -RELATED PROVISIONS Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Agreement. As applicable, Contractor shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf; C. Treasury Compliance and Reporting Guidance for the Act, available at http s : //home.treasury. gov/system/files/ 13 6/SLFRF-Compliance-and-Reporting-Guidance.pdf, d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; Page 9 of 11 e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit D and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page follows/ Page 10 of 11 SIGNATURE PAGE FOR AGREEMENT WITH J.K. MIKLIN, INC., DBA YAMADA ENTERPRISES TO PROVIDE PUBLIC AND OFFICE FURNITURE AND INSTALLATION SERVICES FOR THE MAIN LIBRARY RENOVATION PROJECT IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: andon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Brian Sternberg. Executive Director Library Services Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONTRACTOR Parker Braverman President Page 11 of 11 EXHIBIT A CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below and per Exhibit VI Furniture Specifications. 1. Contractor shall provide a dedicated local representative. 2. Contractor shall review drawing for completeness, accuracy, and proper application of product prior to installation. 3. Defective/Damaged Products/Missing Parts: Contractor shall notify City of defective /damaged / missing part products prior to delivery and place such products on re -order. Contractor shall notify City of lead time on re -ordered products. 4. Partial Shipments: Partial shipments will not be accepted by the City unless authorized by the City. 5. Manufacturer/Factory Delays: Contractor shall notify City of any manufacturer/factory delays. City reserves the right to cancel orders due to manufacturer/factory delays, if it is in the best interest of the City. The City may elect to cancel order and seek equivalent product from another course. The Contractor shall be held liable for price difference and the City may seek damages. 6. Missing Parts: At City's request, Contractor shall provide usable and good quality loaner furniture for City's use until missing parts are received and successfully installed to the satisfaction of the City. 7. Warehousing: Contractor(s) shall have the capacity to provide storage for office furniture ordered by the City when a project delay occurs. The Contractor(s) must provide warehousing at no cost to the City for a minimum of thirty (30) days. Please provide a monthly fee (to include any associated labor) for storage costs following the 30 days on Attachment J — Furniture Bid Form. 8. Any damage to City property incurred by Contractor will be repaired at the Contractor's expense and any repairs will not be accepted unless approved by City. 9. Contractor shall pre -inspect furniture for quality, damages and/or completeness or order prior to scheduling delivery. 10. Contractor is responsible for the disposal of all packaging materials from products ordered by the City off and on City site. All trash and debris must be removed and disposed each day of installation in an appropriate manner. 11. Uncrating at location of delivery will not allowed unless authorized by City. 12. Furniture shall be delivered blanket wrapped, unwrapped, assembled, set in place, wiped clean of all fingerprints and function demonstrated to City. 13. Contractor shall ensure delivery site is left in a clean and orderly manner after installation is complete. City of Santa Ana RFP 24-080A Page 19 of 42 10:4lei rIll r IUD iiLimm ,YAMADA 11111100111 ENTERPRISES RESPONSE FOR PROPOSAL NO. 24-080A FOR CITY OF SANTA ANA LIBRARY PUBLIC FURNITURE AND MODULAR OFFICE FURNITURE SERVICES PREPARED BY: NOAH READ noah@yamadaenterprises.com Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 YAMADA iIIWIL E N T E R P R I S E S CITY OF SANTA ANA LIBRARY PUBLIC FURNITURE AND MODULAR OFFICE FURNITURE SERVICES RFP NO. 24-080A TABLE OF CONTENTS COVER PAGE STATEMENT OF QUALIFICATIONS: Pages Cover Letter Letter...................................................................................................1 Services Provided Description.........................................................................................2-3 Agreement Statement Statement.............................................................................................4 Firm and Team Experience Employee Roles, Descriptions and Contact Information...............................5-7 Proposal Work Plan Statement.........................................................................................8-10 References AttachmentB.......................................................................................11 BACK COVER PAGE +brary Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 A,,, YAMADA 111110JlW ENTERPRISES July 15, 2024 Maria Castro, Senior Management Analyst, City of Santa Ana — Library Service Agency 26 Civic Center Plaza Santa Ana, CA 92701 RE: RFP #24-080A -- Library Public Furniture & Modular Office Furniture Services Dear Ms. Castro, Yamada Enterprises respectfully submit our RFP for the above referenced project. Yamada Enterprises is located at 16552 Burke Lane, Huntington Beach, CA 92647. Yamada Enterprises acknowledges that this offer is binding and shall remain open for 180 days from the due date of this RFQ. We also acknowledge that our proposal cannot be withdrawn within that time without the written consent of the City. Yamada Enterprises was founded in 1975, purchased by John Scheffler in 1984 and operated as a family business with his son, Michael Scheffler and daughter, Linda Braverman. Upon John's and Michael's retirement, Linda Braverman became the owner in 2013. Linda's son, Parker Braverman, became the Owner/President in 2024. Parker Braverman is primary contact regarding corporate information and decisions. Noah Read is the primary contact for initial quote inquiries or any other general inquiries regarding this RFP. Yamada Enterprises' focus has been on providing exceptional customer service, quality products, detailed project management and closely monitored installation of products. We give every project the personal attention it deserves, no matter how large or small. While Yamada Enterprises originally started out as a library interiors firm, we have grown to accommodate our customers in both public and private sectors and their ever -evolving needs. Projects we have successfully completed for our clienteles include public libraries, corporate offices, colleges, hospitality, healthcare, religious, the military, federal buildings and museums. Yamada Enterprises currently holds similar contracts defined in the RFP and will provide services defined in a timely and effective manner. Many of our current contracts are piggybackable and can extend to entities other than the originating organization. Our current contracts include TIPS, LACCD, County of San Bernardino, County of Orange, and City of Glendale. We are also the preferred/exclusive dealer for manufacturers that hold an F.C.C.C. contract for our territory. Thank you again for the opportunity to provide pricing for this RFP. We look forward to working with you in the future. Should you have any questions, please feel free to contact me. Sincerely, Parker Braverman President Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 - (800) 444-4594 • FAX (714) 843-9202 �; YAMADA J11.■1.ENTERPRISES Services Provided Yamada Enterprises has been dedicated to furnishing complete library interiors for more than 40 years. As a distributor for various manufacturers, we offer a selection of quality products that include bookstacks, mobile compact shelving systems, library furniture, seating, and miscellaneous accessories. The broad scope of our work enables our clients to enjoy a turnkey furniture and equipment installation from a single source supplier. Yamada Enterprises (Yamada) shall perform services as set forth below and per Exhibit VI Furniture Specifications. 1. Yamada dedicated local representative is Noah Read. 2. Yamada shall review drawing for completeness, accuracy, and proper application of product prior to installation. 3. Defective/Damaged Products/Missing Parts: Yamada shall notify City of defective /damaged / missing part products prior to delivery and place such products on re -order. Yamada shall notify City of lead time on re -ordered products. 4. Partial Shipments: Partial shipments will not be accepted by the City unless authorized by the City. 5. Manufacturer/Factory Delays: Yamada shall notify City of any manufacturer/factory delays. The City reserves the right to cancel orders due to manufacturer/factory delays, if it is in the best interest of the City. The City may elect to cancel the orders prior to material going into production and seek equivalent product from another course. Yamada shall be held liable for the price difference and the City may seek damages. Custom made orders are non -returnable and non-refundable. 6. Missing Parts: At the City's request, Yamada shall provide usable and good quality loaner furniture for the City's use until missing parts are received and successfully installed to the satisfaction of the City. 7. Warehousing: Yamada(s) shall have the capacity to provide storage for office furniture ordered by the City when a project delay occurs. The Yamada(s) will provide warehousing at no cost to the City for a minimum of thirty (30) days. Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 FA 8. Any damage to City property incurred by Yamada will be repaired at the Yamada's expense and any repairs will not be accepted unless approved by City. 9. Yamada shall pre -inspect furniture for quality, damages and/or completeness or order prior to scheduling delivery. 10. Yamada is responsible for the disposal of all packaging materials from products ordered by the City off and on City site. All trash and debris must be removed and disposed each day of installation in an appropriate manner. 11. Uncrating at location of delivery will not be allowed unless authorized by City. 12. Furniture shall be delivered blanket wrapped, unwrapped, assembled, set in place, wiped clean of all fingerprints and function demonstrated to City. 13. Yamada shall ensure the delivery site is left in a clean and orderly manner after installation is complete. Library Interior 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 3 YAMADA 1111161111 ENTERPRISES AGREEMENT STATEMENT We have read and reviewed the documents stated below in this agreement. Yamada Enterprises hereby acknowledges and concurs with all provisions as contained in Exhibit 11 — Sample Agreement and Exhibit 111 — B Federal Contract Provisions of this RFP. Sincerely, J r Arroyo Representative Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 - (800) 444-4594 - FAX (714) 843-9202 E! A 11 1 YAMADA 1IIi0IL ENTERP RISES CITY OF SANTA ANA LIBRARY PUBLIC FURNITURE AND MODULAR OFFICE FURNITURE SERVICES RFP NO. 24-080A Firm and Team Experience: Yamada Enterprises is located at: 16552 Burke Lane, Huntington Beach, CA 92647 Phone: 800-444-4594, Fax: 714-843-9202 Website: www.)iamadaenterprises.com Yamada Enterprises was incorporated in the State of California as a C-Corporation on 12/15/97 as J.K. Miklin, Inc. dba Yamada Enterprises. Yamada Enterprises is currently an S-Corporation in the State of California (as of 01/01/14). Prior to 1997 Yamada Enterprises was a sole proprietor owned company. Yamada Enterprises is bonded and insured and is in compliance with all applicable registration and licenses to do business in the State of California under Contractors State License Board License #582156, expiration 03/31/26, Class C61/D24/D34 and is currently registered with the DIR under #1000001651, expiration 06/30/25. Yamada Enterprises has a core group of sales representative and support staff that have over 100 years of combined experience in the library and public furniture industry. Parker Braverman, Linda Braverman, Noah Read, Jr Arroyo and Ferrari Chamlern handle inside and outside sales as well as estimating, customer service, sales support, and project management. Caesar Lara and Octavio Trejo handle CAD drawings, estimating and project management. Tracey Nguyen handles administrative duties, accounting, insurance, labor compliance and contracts. Yamada will dedicate all eight employees to work directly with the City of Santa Ana on this agreement. Employees are all cross trained in numerous areas to be able to respond to customer requests in a timely manner. QUALIFICATIONS: Primary points of contact will be Parker Braverman for items requiring corporate decisions. Noah Read will be the primary point of contact for initial quote inquiries, project management and any other general inquiries regarding the RFP and can be reached at noah yamadaenterprises.com or 714 587-1567. :hrnr%# Infnrinr 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 5 Parker Braverman (President / Sales), ext. 13 - Parker yamad aenterproses, com Parker has 14 years of experience with Yamada Enterprises in sales, customer service, estimating, and space planning. Recently Parker acquired the role of President of Yamada Enterprises. Some of Parker's projects are the Agnews K-12 School, Banning Library, El Centro Library, Pacific Highlands Ranch Library, West Covina Library and Glendale Library. Linda Braverman (VP / Sales), ext. 12 - Linda@yamadaenterprises.com Linda has 36 years of experience with Yamada Enterprises in sales, estimating, project management, customer service, site visits and field dimensioning, space planning. Linda was previously the Owner/President and is now the Vice President of Yamada Enterprises. Some of Linda's past projects include the new Central San Diego Public Library, West Hollywood Branch Library, University of California, San Diego, Providence High School, San Bernardino County Law Library, Chapman University and Southwestern College. Noah Read (Sales / PM), ext. 13 - Noah Vyamad aenterproses, com Noah has 13 years of experience with Yamada Enterprises in sales, estimating, project management, customer service, site visits and field dimensioning and assistant to Linda Braverman. Prior to working for Yamada Enterprises, Noah had 7 years of experience in customer service, order tracking, fulfillment, management, and IT. Some of Noah's most recent projects are Whittier Library, Lakeside Library, Placentia Library, Newhope Library, and Glendora Library. Caesar Lara (CAD / Engineering / PM), ext. 17 — Caesar(Zr yamadaenterprises.com Caesar has 24 years of experience with Yamada Enterprises in CAD, estimating, sales, site visits and field dimensioning. Prior to working for Yamada Enterprises, Caesar had 15 years' experience in the CAD, architectural/design/engineering industry and worked for another library interiors firm performing similar duties. Some of Caesar's past projects include the Corona Public Library, The Getty Center, Stanford University, Riverside Main Library, and numerous modernizations for County of Orange to include the Brea Library, Cypress Library, El Toro Library, and Westminster Library. Octavio Trejo (CAD / PM), ext. 22 - Octavio V,vamadaenterprises.com Octavio has 17 years of experience with Yamada Enterprises in CAD, estimating, sales, project management and customer service. Prior to working for Yamada Enterprises, Octavio had 7 years' experience in the CAD, customer service and order fulfillment industries. Some of Octavio's current projects Orange County Sanitation District Headquarter, Florence Library, Pasadena Rose Palace, and San Diego State University — Love Library. :hrnr,&i Infnrinr 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 6 Jr Arroyo (Estimating / Sales / Support), ext. 11 - JrCZVamadaenterprises.com Jr has 3 years of experience with Yamada Enterprises in estimating, sales, project management, customer service and space planning. Prior to working for Yamada Enterprises, Jr had 17 years of experience in estimating, customer service, general office management, order fulfillment and project tracking. Some of Jr's recent projects include the Huntington Beach Central Library, Inyo County Library, Madera Community Academy Village and Newport Beach Library. Tracey Nguyen (Admin./Labor Compliance), ext. 18-Tracey4yamadaenter' ises.com Tracey has 4 years of experience with Yamada Enterprises in office management, contract administration, public works labor compliance to include prevailing wage, PLA, PSA, Skilled and Trained Workforce, certified payroll, insurance requirements, accounts payable and receivable. Prior to working for Yamada Enterprises, Tracey had 8 years of experience in similar office environments performing similar tasks in the sheet metal industry. There have been no contracts terminated, nor has Yamada Enterprises been held in default or failed to complete work in the history of the company. There have been no recent legal proceedings and/or arbitration against Yamada Enterprises currently or within the last three years. If Yamada Enterprises enters any contractual obligations where notification of changes in key personnel is required, those projects and/or contracts are noted by our administrator on a master list. Should a change in key personnel be made on any of those projects, the appropriate contacts issuing those contracts will be notified via email with read receipt requested. :hrnr'&i Infnrinr 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 YAMADA 111iaW ENTERPRISES Proposed Work Plan Yamada Enterprises regularly works as part of a project team on many of our projects. We work closely with end users, purchasing departments, contractors, electricians, architects, designers, project managers, City inspectors, structural engineers, and construction managers. We understand the careful coordination involved between all parties and believe that constant, open communication is imperative to a project's success. While some of Yamada Enterprises employees specialize in certain types of furniture or equipment, all employees have been cross trained in several product fields. This ensures that at any given time, there will be someone available to address your needs and concerns and get back to you with the appropriate information in a reasonable time frame. When a request for quote/RFP comes in, it is distributed to the sales representative best suited to handle that particular request at that time. This can be based on a number of factors including, but not limited to, what product is being requested, familiarity with the particular product or manufacturer and sales personnel availability. The general quote / order / delivery / installation process is as follows: 1. Quote/RFP inquiries can be emailed to Noah Read, where they will be distributed to Sales/Sales Support Staff or handled directly by Noah. a. Customer will be notified as to who will be handling their quote request and be provided with their contact information (phone and email). b. Quote/RFP inquires can also be made by phone with a subsequent follow up email request. 2. Sales/Sales Support Staff will communicate directly with City personnel making the inquiry to make sure complete scope of work is understood. a. Sales will begin working on quote/RFP for materials as well as obtaining project specific freight and installation costs. b. The CAD/Engineering department will be included in the process if floor plans, space planning and/or other design related elements are required for project. c. If a meeting or site visit is requested or necessary, it will be scheduled at this time. 3. Sales will email completed quote/RFP to City personnel making the inquiry. a. Sales will follow up with City personnel in an appropriate amount of time to confirm receipt of quote/RFP, make sure information provided is sufficient and fulfills City personnel's request. Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 4. City to email purchase order/contract to the specific Sales Staff member that provided the quote/RFP. a. Purchase order/contract can also be emailed to Noah Read, referencing the Yamada Enterprises quote number/RFP (upper right-hand corner of quote) or by attaching a copy of the Yamada quote/RFP with the purchase order/contract. b. A project file will be started and if there are no questions, Sales will place order with manufacturers. Any questions will be addressed prior to placing orders with manufacturers. c. City personnel will be notified that order has been placed. Manufacturing lead times for this specific project range from 2-18 weeks. Orders will be released into manufacturing based on the approved furniture delivery date provided by the City to ensure on -time delivery. d. If any approvals are required by City personnel (i.e. shop drawings, color or finish samples, etc.) the dedicated Yamada Sales Staff member for the project will forward items for approval via email or mail depending on items to be approved. City personnel to return all approvals to our Sales Staff with signatures/initials and dates indicating acceptance. Approvals will immediately be returned to manufacturers so production can commence. Meetings with City personnel to review plans, colors/finishes and samples can also be scheduled at this time. During this process, suggestions, and/or special concerns such as value engineering opportunities and ADA compliance will be brought to the City's attention for consideration. e. When Yamada Enterprises receives an acknowledgment from the manufacturer indicating an estimated ship date, Sales Staff member will convey this information to City personnel. f. Yamada Enterprises Sales Staff will follow up with manufacturers on a regular basis and provide updates to City personnel. City personnel will immediately be notified of any scheduling changes by Sales Staff. 5. Once material is ready to ship, Sales Staff will coordinate with City personnel regarding scheduling and coordination. a. Yamada Enterprises Sales Staff will coordinate with City personnel, manufacturer, freight company and our installation crew to assure that installers meet the truck to unload material and begin installation or offload material into storage as designated by City personnel. b. After material ships, Yamada Enterprises Sales Staff will notify City personnel of estimated delivery date and time. Our Sales Staff will continue to monitor the shipment to assure delivery is made in a timely manner. Our installation crew will be updated daily on the shipment progress. Sales Staff will contact City personnel 24 hours prior to delivery confirm and finalize delivery instructions. c. Yamada Enterprises installation crew will meet the delivery truck, offload, and begin installation. Once installation is complete, our installation crew will notify City personnel that project is complete. The delivery and installation timeframe for this specific project will range from 4-6 weeks depending on the awarded scope. Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 d. Yamada Enterprises Sales Staff will follow up with City personnel to confirm installation was completed to their satisfaction. 6. Depending on individual project requirements, Yamada Enterprises Sales Staff and/or Installation Crew member will attend any construction or coordination meetings necessary to make sure project runs smoothly, on schedule and without incident. a. Punch -list meetings, if required will also be attended by a Yamada Enterprises Sales Staff and/or Installation Crew member if required and as needed. 7. Yamada Enterprises will invoice City per instructions listed on City provided purchase order and within this RFP. a. If project is to be done in phases, or if material is to be stored for an extended period of time, Yamada Enterprises Sales Staff will discuss partial invoicing for materials that have been installed, procured and stored, storage fees and any additional handling fees that may be required due to jobsite delays, all in accordance with terms within this RFP. Balance of project will be invoiced upon completion. Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 10 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: LA County Library Contact Individual: Ken Kurose Address: 7400 imperial Hwy D owney, CA 90242 Contract Amount: $810,0 00.00 Phone Number: EMAIL: (562) 940-6979 KKurose(a lib rary_la county .qov Year: 2024 Description of supplies, equipment, or services provided: West Covina Library: Turnkey design, procurement, and installations servcies for library shelving and furniture. San Diego County Library Amber Torres Customer Name: Contact Individual: Address: 5560 O verl and Ave. Phone Number 858 495-5036 San Diego, CA 92123 EMAIL: A mber.T orre ss sdcounty .ca. g ov Contract Amount: $858,000.0 0 Year: 2023 Description of supplies, equipment, or services provided: Lakeside Library: Turnkey design, procurement, and installation services for library shelving and furniture. REFERENCE Customer Name:W hitt ie r P ublic_Lib rary Contact Individual: Paym aneh M aghso udi Address: 7344 W ashin gton A ve. Phone Number- (562) 567-9920 W hittie r, CA 90602 EMAIL: -pm aghsoudi@_cit_yofw hitt ie r.o rq Contract Amount: $1 6 00,000.0 0 Year: 2022 Description of supplies, equipment, or services provided: Turnkey design, procurement, and installation services for library shelving, furniture, and custom millwork. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 34 of 42 11 YAMADA 11IiW.I ENTERPRISES Office: (714) 843-9882 Web: www.vamadaenterprises.com Email: noah@yamadaenterprises.com Address: 16552 Burke Lane, Huntington Beach, CA 92647 (9) CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. J.K. Miklin, Inc. dba: Yamada Enterprises (714) 843-9882 (714) 843-9202 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 16552 Burke Lane, Huntington Beach, CA 92647 BUSINESS ADDRESS Jr Arroyo Representative PRINTED NAME OF AUTHORIZED AGENT TITLE July 15, 2024 jr@yamadaenterprises.com SIGffATURE OF gTHORIZED AGENT DATE E-MAIL ADDRESS 33-0783690 FEDERAL ID NUMBER (IF APPLICABLE) 582159 CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 33 of 42 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: LA County Library Contact Individual: Ken Kurose Address: 7400 imperial Hwy D owney, CA 90242 Contract Amount: $810,0 00.00 Phone Number: EMAIL: (562) 940-6979 KKurose(a lib rary_la county .qov Year: 2024 Description of supplies, equipment, or services provided: West Covina Library: Turnkey design, procurement, and installations servcies for library shelving and furniture. San Diego County Library Amber Torres Customer Name: Contact Individual: Address: 5560 O verl and Ave. Phone Number 858 495-5036 San Diego, CA 92123 EMAIL: A mber.T orre ss sdcounty .ca. g ov Contract Amount: $858,000.0 0 Year: 2023 Description of supplies, equipment, or services provided: Lakeside Library: Turnkey design, procurement, and installation services for library shelving and furniture. REFERENCE Customer Name:W hitt ie r P ublic_Lib rary Contact Individual: Paym aneh M aghso udi Address: 7344 W ashin gton A ve. Phone Number- (562) 567-9920 W hittie r, CA 90602 EMAIL: -pm aghsoudi@_cit_yofw hitt ie r.o rq Contract Amount: $1 6 00,000.0 0 Year: 2022 Description of supplies, equipment, or services provided: Turnkey design, procurement, and installation services for library shelving, furniture, and custom millwork. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 34 of 42 (9) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm J.K. Miklin, Inc. dba: Yamada Enterprises Signed and Printed Name: Title Representative " Date July 15, 2024 Jr Arroyo THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 35 of 42 (9) CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Sign State of , County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. —jep— ^r yr��` w Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 36 of 42 UE111 Caiifomia Jurat Certificate A notary public or other of6oercompleting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ss. County of Orange � 1-h Subscribed and sworn to (or affirmed) before me on this . day of 20 24 , by _� i f l �.tC CO� �� and r proved to me on the basis of ,'., P�Y.As�/''. satisfactory evidence to be the person("ho appeared before me. `, �23�RY�p0,'p ��► Y U K v 1. t: l>• a � y ._ �� a a u u u rlr .<!'ri OPTIONAL INFORMATION 7 7? rv� - �i rr V.lyR Ih4 ll ith'7:r_ii±: L'1 j., .4 . _ L-[i! 7 !!�1-, �!L �4� ff, ,�71 ;iflieV�t��.'rLf'fl r�r,`L'Ullif°!if ri�`le'j TfF�}' �.7ifli•i: i ... ° ('� , ','; ;;rl�� i �; i lf,� aCTr't?41 �CiGlai?CRI Description of Attached Document The certificate is attached to a document Gtledtfor the purpose of Method of Affiant Identiiicatlon Proved to me on the basis of satisfactory 0 form(s) of Identifrratlon 0 cred0e Notarial event is detailed ih Page # Notary contact: containing —I— _ pages, and dated other J Affeant{a} n pescribe: (9) CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: (� �-d Title: 4loresentative Date: July 15, 2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 37 of 42 (9) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City of Santa Ana RFP 24-080A Page 38 of 42 (9) CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed:'t/�-8 Title: Represen ative Firm: J.K. Miklin, Inc. dba: Yamada Enterprises Date: July 15, 2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 39 of 42 (9) CITY OF SANTA ANA ATTACHMENT G SAM.GOV UEI VERIFICATION On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third -party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov, including UEI and active registration status. KBXNMKSZ8EL1 Proposer's UEI: November 13, 2024 SAM.gov Registration Expiration Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 40 of 42 ATTACHMENT H CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) 1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Yamada Enterprises Consultant Parker Braverman - President Name and Title of Official Authorized to Certify On Behalf of the Consultant July 15, 2024 Date City of Santa Ana RFP 24-080A Page 41 of 42 ATTACHMENT H (continued) CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarment", "suspension", "disqualified," "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, disqualified, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction" unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. City of Santa Ana RFP 24-080A Page 42 of 42 7/18/24, 10:00 AM SAM.gov IN An official website of the United States government Here's how you know �! S A M * OOv® [I Requests Notifications oo Workspace 0 Sign Out Home Search Data Bank Data Services Help Core Data Entity Registration Core Data Business Information Entity Types Financial Information Points of Contact Assertions Reps and Certs (FAR/DFARS) Reps and Certs (Financial Assistance) Exclusions Responsibility / Qualification Entity Information J. K. M I K L I N, INC. Active Registration Unique Entity ID CAGE/NCAGE Expiration Date KBXN M KSZ8EL1 4DXG4 Nov 13,2024 https://sam.gov/entities/view/KBXNMKSZ8ELl /coreData?status=Active&emrKeyVaIue=1433560-1699987412525987 1 /6 7/18/24, 10:00 AM SAM.gov Physical Address Mailing Address 16552 Burke LN 16552 Burke Lane Huntington Beach, California Huntington Beach, California 92647-4538, United States 92647-4538, United States Purpose of Registration All Awards Version Current Record BUSINESS INFORMATION Doing Business As URL Yamada Enterprises www.yamadaenterprises.com Registration Dates Division Name Division Number (blank) (blank) Activation Date Congressional District State/Country of Incorporation Nov 16, 2023 California 47 California, United States Submission Date Nov 14, 2023 Owner CAGE Legal Business Name Immediate Owner (blank) (blank) Entity Dates Highest Level Owner (blank) (blank) Entity Start Date Jan 1, 1975 Executive Compensation Initial Registration Date May 2, 2006 Fiscal Year End Close Date Dec 31 Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L.110-252, amending the Federal Funding Accountability and Transparency Act (P.L.109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. SAM SEARCH AUTHORIZATION I authorize my entity's non -sensitive information to be displayed in SAM public search results: https://sam.gov/entities/view/KBXN M KSZ8EL 1 /coreData?status=Active&emrKeyVaIue=1433560-1699987412525987 2/6 7/18/24, 10:00 AM Yes SAM.gov ENTITY TYPES Business Types Socio-Economic Types Entity Structure Corporate Entity (Not Tax Exempt) Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA -certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity Entity Type Business or Organization completed the SBA supplemental pages during registration. Profit Structure For Profit Organization Organization Factors Su bcha pter S Corporation FINANCIAL INFORMATION Payments Accepts Credit Card Payments No ACCOUNT DETAILS EFT Indicator 0000 CAGECode 4DXG4 POINTS OF CONTACT Debt Subject To Offset 0 No https://sam.gov/entities/view/KBXN M KSZ8EL 1 /coreData?status=Active&emrKeyVaIue=1433560-1699987412525987 3/6 7/18/24, 10:00 AM SAM.gov Electronic Business Primary Point of Contact Tracey Nguyen Address 16552 Burke Lane Huntington Beach, California 92647-4538 United States Government Business Primary Point of Contact J r Arroyo Address 16552 Burke Lane Huntington Beach, California 92647-4538 United States Alternate Point of Contact LINDA BRAVERMAN Address 16552 Burke Lane Huntington Beach, California 92647-4538 United States Past Performance https://sam.gov/entities/view/KBXN M KSZ8EL 1 /coreData?status=Active&emrKeyVaI ue=1433560-1699987412525987 4/6 7/18/24, 10:00 AM SAM.gov Primary Point of Contact LINDA BRAVERMAN Address 16552 Burke Lane Huntington Beach, California 92647-4538 United States Feedback Our Website Our Partners About This Site Acquisition.gov Our Community USASpending.gov Release Notes Grants.gov System Alerts More Partners Policies Customer Service Terms of Use Help Privacy Policy Check Entity Status Restricted Data Use Federal Service Desk Freedom of Information Act External Resources Accessibility Contact ® I WARNING This is a U.S. General Services Administration Federal Government computer system that is "FOR OFFICIAL USE ONLY." This system is subject to monitoring. Individuals found performing unauthorized activities are subject to disciplinary action including criminal prosecution. This system contains Controlled Unclassified Information (CUI). All individuals viewing, reproducing or disposing of this information are required to protect it in accordance with 32 CFR Part 2002 and GSA Order CIO 2103.2 CUI Policy. SAM.gov https://sam.gov/entities/view/KBXN M KSZ8EL 1 /coreData?status=Active&emrKeyVaIue=1433560-1699987412525987 5/6 7/18/24, 10:00 AM SAM.gov An official website of the U.S. General Services Administration https://sam.gov/entities/view/KBXNMKSZ8ELl /coreData?status=Active&emrKeyVaIue=1433560-1699987412525987 6/6 Alm A., YAMADA MhW ENTERPRISES Date: September 09, 2024 City of Santa Ana Finance & Management Services Agency Attn: Mr. Edward Perkins I Buyer 20 Civic Center Plaza Santa Ana, CA 92701 Dear Mr. Perkins, The Agreement between the City of Santa and J.K. Miklin, Inc. d/b/a Yamada Enterprises issued for RFP No. 24-080A does not include sales tax. We respectfully request sales tax to be added to the Library Furniture Package C. The new agreement sum including sales tax under this RFP amount is Four Hundred Eleven Thousand Nine Hundred Sixty -Three and 91/100 Dollars ($411,963.91). This sum is comprised of the (1) base amount of $377,083.67 and (2) sales tax amount of $34,880.24, as described in our Bid Form — Attachment J and furniture specifications attached. Please let me know if you have any questions at (714) 843 — 9882 x 16. Sincerely, Parker Braverman President Parkerna YamadaenterUrises.com Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 LIBRARY FURNITURE PACKAGE C (lump sum award) Bid Form -Attachment J PLAN CODE ITEM MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST CR-7 Reader Chair TMC Per Spec 16 weeks 8 643 $ 5,144.00 DS-1A Service Desk Worden Per Spec 16 weeks 2 78506 $ 157,012.00 DS-1 B Service Desk Worden Per Spec 16 weeks 1 52475 $ 52,475.00 DS-1 C Service Desk Worden Per Spec 16 weeks 4 25481 $ 101,924.00 DSH-1 Display Shelving OPTO Per Spec 2 weeks 5 3646.61 $ 18,233.05 M-2 Map Cabinet Alpine Per Spec 2 weeks 1 4375 $ 4,375.00 M-3 Card Catalogue Alpine Per Spec 2 weeks 3 3441.66 $ 10,324.98 TR-3 Reader Table TMC Per Spec 116 weeks 2 11240 $ 2,480.00 SUBTOTAL LIBRARY FURNITURE PACKAGE C (A) $ 351,968.03 Design, Receive, Deliver, and Install Costs (B) $ 25,115.64 Storage Costs After 1 Month Free Storage (Monthly Fee -to include all labor associated with storage) No Charge TOTAL LIBRARY FURNITURE PACKAGE C (A+B) $ 377,083.67 SALES TAX: (A+B) x 9.25% $ 34,880.24 GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B) x Sales Tax: Four Hundred Eleven Thousand Nine Hundred Sixty -Three and 91/100 Dollars. $ 411,963.91 SANTA ANA LIBRARY FURNITURE SPECIFICATIONS CR-7 Manufacturer: Model Name: Item: Location: Qty: Specification: Size: Type: Upholstery: Base/Frame Finish : Glides: Options: Power: TMC Vireo Chair Reader Chair 117 Youth Stacks 8 Width Depth Height Seat Height 18" 20.5" 31.75" 18" Adult height, armless chair n/a Arm Height n/a Solid maple wood. Stain to be selected from manufacture's range of stain colors. n/a No cutout n/a 2024-05-16 Images are for reference only 20 SANTA ANA LIBRARY FURNITURE SPECIFICATIONS DS-1A Manufacturer: Model Name and Number: Item: Location: Qty: Specification: Size: Worden Service Desk Service Desk 101 Great Reading Room 2 Width Depth Height Seat Arm Height Height n/a n/a See See See drawing drawing drawing Finish : Wood slat and wood veneer: To match architect's sample Solid surface top: Corian, Grade 4 4" base: Laminate to match architect's sample Glides: Options: Power: Provide shop drawings for approval. As appropriate for floor finish Hight adjustable table leg set; Electric; Mockett TLEL3 or Sim. Cabinet: BBF, locking, casters, laminate finish. • Provide horizontal and vertical wire management from underside of table to floor box. • Provide power at worksurface. Power to be plugged into floor box (not hard wired). Mocket: Power bar, grommet mounted, 2 power/2 dual USB or Sim. • (3) Grommets in worksurface, Mockett: BRV1 or sim., Architect to provide locations on shop drawings 2024-05-16 Images are for reference only 76 SANTA ANA LIBRARY FURNITURE SPECIFICATIONS DS-1A 3 FU01 FIRST FLOOR SERVICE DESK PLAN OVERALL u H h SERVICE DESK - STAFF WEST ELEVATION 4 1 = I, . SOLID SURFACE, NON-ADJUSTABLE WOOD VFNEER I UNDER DESK Y =p tY p O � m m pN pH 6 G x s 2'-10' CABINET CABINET SERVICE DESK - STAFF NORTH ELEVATION 12'=ro' WOOD SLATS SOLID SURFACE, HIGHT ADJUSTABLE SOLID SURFACE, NON-ADJUSTABLE CUAM AUM au APKM VU*ER 3MACEFORYOW[NG0.AVID M+ w E ISEE NGI1-7,3rG12-7I FMiNAOE b p N �wRxo� C5 SERVICE DESK - PATRON NORTH ELEVATION f 2-i•o _- _ �5ERVICE DE5K - PATRON WEST ELEVATION CABINET 2024-05-16 Images are for reference only 77 SANTA ANA LIBRARY FURNITURE SPECIFICATIONS DS-1 B Manufacturer: Model Name and Number: Item: Location: Qty: Specification: Size: Worden Service Desk Service Desk 117 Youth Stacks 1 Width Depth Height Seat Arm Height Height n/a n/a See See See drawing drawing drawing Finish : Wood slat and wood veneer: To match architect's sample Solid surface top: Corian, Grade 4 4" base: Laminate to match architect's sample Glides: Options: Power: Provide shop drawings for approval. As appropriate for floor finish Hight adjustable table leg set; Electric; Mockett TLEL3 or Sim. Cabinet: BBF, locking, casters, laminate finish. • Provide horizontal and vertical wire management from underside of table to floor box. • Provide power at worksurface. Power to be plugged into floor box (not hard wired). Mocket: Power bar, grommet mounted, 2 power/2 dual USB or Sim. • (3) Grommets in worksurface, Mockett: BRV1 or sim., Architect to provide locations on shop drawings 2024-05-16 Images are for reference only 78 SANTA ANA LIBRARY FURNITURE SPECIFICATIONS DS-1 B h^� E�5 b ,�� ay� 9� 14 YOUTH SERVICE DESK PLAN OVERALL 114" = 9'-0" NFORMATION TOP Y O O O 4 ❑ ' N s CA& NETS + A, �l YOUTH SERVICE DESK- STAFF NORTH ELEVATION 3rr-ru� WOOD SLATS INFORMATION 1i3TOP WOOD VENEER SOLID SURFACE, NOW ADJUSTABLE SOLID SURFACE, HIGHT ADJUSTABLE DESK 1� LiF. N CABINET 2'-F YOUTH SERVICE DESK- STAFF WEST ELEVATION CURVED N CUBRVED j YOUTH SERVICE DESK- PATRON NORTH ELEVATION Y OUJT CURVED g N� CURVED ! f�l YOUTH SERVICE DESK - PATRON WEST ELEVATION � err=ram 2024-05-16 UNDER DESK CABINET Images are for reference only 79 SANTA ANA LIBRARY FURNITURE SPECIFICATIONS Manufacturer: Model Name and Number: Item: Location: Qty: Specification: Size: Finish: Glides: Options: Power: Provide shop drawings for approval. DS-1 C Worden Service Desk Service Desk 222 History. 200 Adult Stacks, 212 Maker Space, 211 Young Adult N Width Depth Height Seat Arm Height Height See See See n/a n/a drawing drawing drawing Wood slat and wood veneer: To match architect's sample Solid surface top: Corian, Grade 4 4" base: Laminate to match architect's sample As appropriate for floor finish Hight adjustable table leg set; Electric; Mockett TLEL3 or Sim. Cabinet: BBF, locking, casters, laminate finish. • Provide horizontal and vertical wire management from underside of table to floor box. • Provide power at worksurface. Power to be plugged into floor box (not hard wired). Mocket: Power bar, grommet mounted, 2 power/2 dual USB or Sim. • (1) Grommet in worksurface, Mockett: BRV1 or sim., Architect to provide locations on shop drawings 2024-05-16 Images are for reference only 80 SANTA ANA LIBRARY FURNITURE SPECIFICATIONS DS-1 C 3' — 811 00 CV 2" -?1 FU02,-SERVICE POINT OVERALL 114 -1-0, 2• X w W 0 w M f] Q H C4 � H r� SERVICE POINT - STAFF NORTH ELEVTAION U 1!2" =1'-0" VYOOU SLAIS SERVICE POINT - PATRON NORTH ELEVATION 112' =1'-0• SOLID SURFACE, NON-ADJUSTABLE WOOD SLATS i co (SERVICE POINT - PATRON WEST ELEVATION J 1 r2• = r-0° n SERVICE POINT -PATRON EAST ELEVATION u2• = y SOLID SURFACE, HIGHTADJUSTABLE DESK WOOD VENEER 2024-05-16 Images are for reference only 81 SANTA ANA LIBRARY FURNITURE SPECIFICATIONS DSH-1 Manufacturer: Opto Model Name and Number: Edge Collection Tall Mobile Showcase Locking Storage Cabinet Item: Display Shelving Location: 101 Great Reading Room, 109 Book Store Qty: 5 Specification: Width Depth Height Seat Arm Height Height Size: 24" 25" 76" n/a n/a Type: Display Case Base/Frame Finish : Finishes to be selected from manufacture's full range of available colors and finishes Glides: Locking casters Options: Adjustable glass shelves, locking storage cabinet Power: n/a 2024-05-16 Images are for reference only 54 SANTA ANA LIBRARY FURNITURE SPECIFICATIONS M-2 Manufacturer: Model Name and Number: Item Location: Qty: Specification: Size Type: Base/Frame Finish Glides: Options: n/a n/a Map Cabinet 222 History 1 Width Depth Heig existing existing exist) ht Seat Height Arm Height ng n/a n/a Refinish and restore existing wood Repair base and/or glides as requh Repair and/or replace hardware as Ir 2024-05-16 Images are for reference only 49 SANTA ANA LIBRARY FURNITURE SPECIFICATIONS M-3 Manufacturer: Model Name and Number: Item: Location: Qty: Specification: Size: I Type: Base/Frame Finish I Glides: vRl1UnS: 1 K n/a n/a Card Catalogue 222 History 3 Width Depth Height varies varies +varies Refinish and restore existing wood Repair base and/or glides as requit Repair and/or replace hardware as Seat Height Arm Height n/a n/a 2 2024-05-16 Images are for reference only 50 SANTA ANA LIBRARY FURNITURE SPECIFICATIONS TR-3 Manufacturer: Model Name: Item Location: Qty: Specification: Size: TMC Plover Table Reader Table 117 Youth Stacks 2 Width Depth Height Seat Height Arm Height 36" 36" 29" n/a n/a Type: 36" round tabletop Upholstery: n/a Base/Frame Finish : Wood laminate to be selected with manufacturers full range of finishes Glides: Options: Power: 2024-05-16 Images are for reference only 40 EXHIBIT C LIBRARY FURNITURE PACKAGE C (lump sum award) Bid Form -Attachment J PLAN CODE ITEM MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST CR-7 Reader Chair TMC Per Spec 16 weeks 8 643 $ 5,144.00 DS-1A Service Desk Worden Per Spec 16 weeks 2 78506 $ 157,012.00 DS-1 B Service Desk Worden Per Spec 16 weeks 1 52475 $ 52,475.00 DS-1 C Service Desk Worden Per Spec 16 weeks 4 25481 $ 101,924.00 DSH-1 Display Shelving OPTO Per Spec 2 weeks 5 3646.61 $ 18,233.05 M-2 Map Cabinet Alpine Per Spec 2 weeks 1 4375 $ 4,375.00 M-3 Card Catalogue Alpine Per Spec 2 weeks 3 3441.66 $ 10,324.98 TR-3 Reader Table TMC Per Spec 116 weeks 2 11240 $ 2,480.00 SUBTOTAL LIBRARY FURNITURE PACKAGE C (A) $ 351,968.03 Design, Receive, Deliver, and Install Costs (B) $ 25,115.64 Storage Costs After 1 Month Free Storage (Monthly Fee -to include all labor associated with storage) No Charge TOTAL LIBRARY FURNITURE PACKAGE C (A+B) $ 377,083.67 SALES TAX: (A+B) x 9.25% $ 34,880.24 GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B) x Sales Tax: Four Hundred Eleven Thousand Nine Hundred Sixty -Three and 91/100 Dollars. $ 411,963.91 EXHIBIT D FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Contractor shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) — Equal Employment Opportunity: If this Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Contractor agrees as follows during the performance of this Agreement: (i) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (iv) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Contractor and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction 2 contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The 3 Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Contractor must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) — Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, 4 or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (1) — Byrd Anti -Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. Q) Appendix II to Part 200 W — $200.323 Procurement of Recovered Materials: (i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Eauioment: (i) Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications 5 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 (L) — �200.322 Domestic Preferences for Procurement: (i) Contractor shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; . (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Contractor agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Contractor which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Contractor for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XI to Part 200 is hereby incorporated by reference. (v) Government -wide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. rl (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Contractor agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Contractor understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. the following: Congress; (ii) The list of persons and entities referenced in the paragraph above includes (1) A member of Congress or a representative of a committee of (2) An Inspector General; (3) The Government Accountability Office; management; enforcement agency; (4) A Treasury employee responsible for contract or grant oversight or (5) An authorized official of the Department of Justice or other law (6) A court or grand jury; or (7) A management official or other employee of Contractor, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FIR 51225 (Oct. 6, 2009), Contractor should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Contractor ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Contractor acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Contractor understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Contractor shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. Contractor understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Contractor agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FIR 6067. For more information on LEP, please visit http://www.lep.gov. 9 (iv) Contractor acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Contractor and Contractor's successors, transferees and assignees for the period in which such assistance is provided. (v) Contractor agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Contractor and the Contractor's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) Contractor understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Contractor, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Contractor for the period during which it retains ownership or possession of the property. (vii) Contractor shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Contractor shall comply with information requests, on -site compliance reviews, and reporting requirements. (viii) Contractor shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Contractor must also inform the Department of the Treasury if Contractor has received no complaints under Title VI. (ix) Contractor must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Contractor and the administrative agency that made the finding. If the Contractor settles a case or matter alleging such discrimination, Contractor must provide documentation of the settlement. If Contractor has not been the subject of any court or administrative agency finding of discrimination, please so state. If Contractor makes sub -awards to other agencies or other entities, Contractor is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. 10 Agreement-J.K. Miklin Inc. dba Yamada Enterprises (Library Furniture)_FI NAL_9.12.24_ updated Final Audit Report 2024-09-16 Created: 2024-09-16 By: Dylan Dario (ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAPOMyOrpQMbHezmCPye8HfElu21 BlkzoT "Agreement_ J.K. Miklin Inc. dba Yamada Enterprises (Library Fu rn itu re)_F I NAL_9.12.24_u pdated" History Document created by Dylan Dario (ddario@santa-ana.org) 2024-09-16 - 4:08:38 PM GMT Document emailed to Brian Sternberg (bsternberg@santa-ana.org) for signature 2024-09-16 - 4:09:08 PM GMT Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2024-09-16 - 4:21:07 PM GMT -, Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date: 2024-09-16 - 4:21:20 PM GMT - Time Source: server Document emailed to Parker Braverman (parker@yamadaenterprises.com) for signature 2024-09-16 - 4:21:26 PM GMT Email viewed by Parker Braverman (parker@yamadaenterprises.com) 2024-09-16 - 4:37:49 PM GMT Document e-signed by Parker Braverman (parker@yamadaenterprises.com) Signature Date: 2024-09-16 - 4:40:14 PM GMT - Time Source: server Agreement completed. 2024-09-16 - 4:40:14 PM GMT a Adobe Acrobat Sign