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CC 2014-10-14_08.k. Award Bid Furniture Fixtures Equip for Police Facility RemodelMEMORANDUM TO: CITY COUNCIL FROM: STEVEN N. ANNIBALI, CHIEF OF POLICE SUBJECT: CONSIDERATION TO AUTHORIZE AN AWARD OF BID FOR PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT FOR THE REMODELED POLICE FACILITY DATE: OCTOBER 14, 2014 RECOMMENDATION: It is recommended that the City Council: 1) award a bid for the purchase of furniture, fixtures and equipment from McMurray-Stern of Santa Fe Springs, CAin the amount of $194,527.66; and 2) award a bid for the purchase of office chairs and file cabinets from California Prison Industry Authority of Folsom, CA in the amount of $18,588.00. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The Police Station Remodel Project estimated $100,000 for furniture, fixtures and equipment (FFE) based on preliminary cost estimates. Following design and final identification of FFE, it is now anticipated to cost $213,115.66. Staff has identified several potential funding strategies to cover a portion of the additional cost, including savings in the Police Department operating budget from the animal services contract and possible use of COPS funds for eligible expenses. It his hoped the remainder can be paid from the project contingency At this time however, given the status of the construction phase of the project and identified cost-savings measures, staff recommends funding the additional ·FFE costs from the project budget. Should an additional appropriation be required, staff will return to Council to recommend implementation of the identified funding strategies. BACKGROUND: The decision was made during the bidding of the Police Station Remodel Project to remove certain items from the bid documents to be purchased separately by the City. These included all lockers for both locker rooms and evidence processing, storage cabinets, countertop/work areas, tables and cubicle work stations. Additionally, the need to replace existing chairs that are damaged or worn, along with file cabinets to fit the new floor plan was identified. Item 8.k. - Page 1 CITY COUNCIL CONSIDERATION TO AUTHORIZE AN AWARD OF BID FOR PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT FOR THE REMODELED POLICE FACILITY OCTOBER 14, 2014 PAGE 2 ANALYSIS OF ISSUES: The current lockers, cabinets and workstations were removed during demolition of the building due to their poor condition or inadequate function. Also, in order to reduce the cost of construction, office spaces in the remodeled facility were altered to an open room concept that now requires the purchase of cubicle style work stations. This recommended action is limited in scope to FFE necessary to meet operational/functional needs only -not redecorating. Staff reduced the original scope significantly and also introduced the use of furniture produced by the California Prison Industry Authority wherever feasible to reduce costs. This recommendation is to authorize the award of two bids. The first to McMurray Stern of Santa Fe Springs, CAper the State of California CMAS contract holder #4- 14-71-0021 F. The second bid is to California Prison Industry Authority of Folsom, CA. per Penal Code Section 2807; CDCR Procurement Handbook and CA State Administrative Manual Section 3505. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Recommended Alternative: 1) award of bid for the purchase of furniture, fixtures and equipment for the Police Station Remodel Project to McMurray Stern of Santa Fe Springs, CA. in the amount of $194,527.66; 2) award of bid for the purchase of furniture, fixtures and equipment for the Police Station Remodel Project to California Prison Industry Authority of Folsum, CAin the amount of $18,588.00 Do not approve staff's recommendation. Provide direction to staff. ADVANTAGES: The advantage of approving the recommended action is that it will continue to advance the progress of the Police Station Remodel Project and provide for necessary furniture, fixtures and equipment as identified in the needs assessment. Item 8.k. - Page 2 CITY COUNCIL CONSIDERATION TO AUTHORIZE AN AWARD OF BID FOR PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT FOR THE REMODELED POLICE FACILITY OCTOBER 14, 2014 PAGE 3 DISADVANTAGES: The disadvantage of approving the recommended action is that Police Station Remodel Project contingency funds are being identified for use, which may be needed prior to the completion of the project. However, sufficient additional revenue has been identified for use on the project if the need arises. ENVIRONMENTAL REVIEW: This project is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3). PUBLIC NOTIFICATION AND COMMENTS: The public impacted by the proposal is the Arroyo Grande Police Department's service population. The public has been made aware of the proposal before Council by a posting of the Agenda in the front of City Hall on Thursday, October 9, 2014 and public notice posted on the City's website on Friday, October 10, 2014. No public input has been received to date. Attachments: 1. Proposal from McMurray Stern Inc. 2. Proposal from California Prison Industry Authority Item 8.k. - Page 3 ~~~McM S ~~ urray"' tern ~~~ Design SU!d • S1010ge SoMions • Records Monogemen1 October 2, 2014 Chief Steven Annibali Arroyo Grande Police Department 200 N. Halcyon Road Arroyo Grande, California 93420 Reference: Proposal# 23187 Dear Chief Annibali: ATIACHMENT 1 On behalf of McMurray Stern, we would like to thank you for allowing us to present this proposal. The proposed solutions have been specifically selected and tailored to meet your unique needs. With our proposal, we are committing all our resources and experiences gained over the past 34 years. We value the opportunity to present our capabilities, and we look forward to becoming a sustaining resource for Arroyo Grande Police Department. If you have any questions regarding this proposal or our ability to serve you, please call. Again, thank you for your consideration. Sincerely yours, Randy Hacker Senior Design Consultant Item 8.k. - Page 4 WHY MCMURRAY STERN? The McMurray Stern team is comprised of 50 professiona ls that serve you at each step of the process - design , estimating , order entry , logistics planning , installation , training and service. Each team is responsible for making sure your experience with McMurray Stem is a pos itive one. Our mission statement is clear -to serve YOU our customer with the best of our abilities and enable our team to exceed your project's requirements and timeline . McMurray Stern has been serv ing southern California since 1980 in the development, implementation and service of Spacesaver filing and storage systems . We are the largest full-service filing and storage systems company in California . Our 18 full-time , factory- trained Spacesaver installation and service professionals have an average of 10 years ' experience with our company. Our team has o completed over 10 ,000 installations of Spacesaver mobile shelving """""'"""""--=---"~ systems and have thousands of satisfied customers who also employ us to consult for records management solutions barcode tracking systems , on-demand labeling systems , filing system design and fil ing system supplies . 0 McMurray Stern is a certified woman-owned business and a licensed contractor. California contractor's license# 469217 . WHY SPACESAVER? Spacesaver Corporation has over 100 ,000 installed systems -more than all of their competitors comb ined . With over 30 years of manufacturing experience , 28 patents for product engineering and safety systems as well as 350 ded icated professionals , their team has "set the bar of excellence" in the mobile shelving industry . Your system will have structural components that will give you decades of performance as well as the most state-of-the-art electronics , programmability and integrated safety systems available . Spacesaver Corporation is proud to have reached the leve l of IS0-9001 certification . This ensures that your equipment meets the highest quality standards and guarantees the longevity of you r investment. McMurray Stern has thousands of Spacesaver filing and storage installations locally that will verify the completeness , professionalism , and product quality of our systems . Your Des ign Consultant can arrange a tour of a local installation, so you can see how we have helped companies similar to yours solve their storage dilemmas. Item 8.k. - Page 5 CLIENT NEEDS AND SOLUTIONS ANALYSIS In November 2013, Randy Hacker of McMurray Stern visited the offices of Arroyo Grande Police Department. To determine the in-depth needs of Arroyo Grande Police Department, a series of interviews were held to ascertain the goals , objectives , opportunities and challenges facing the company. Meetings were conducted with : Chief Annibali Having ascerta ined the needs from Arroyo Grande Police Department's point of view, a hands- on physical survey and analysis was conducted of the Police Department Storage Areas . Based on the data gathered , it has been determined that the needs of Arroyo Grande Police Department are as follows: • Various storage needs • A solution that maximizes space • Increase storage capacity • A solution that can be relocated in the future • A solution that meets Fire codes, building codes, and ADA Law • A solution that is safe and easy to operate The identified needs were presented to the McMurray Stern design team for input in determining the best solutions for Arroyo Grande Police Department. In anticipation of a contract with Arroyo Grande Police Department, these solutions have also been presented to the McMurray Stern Project Management Team in order to ensure that the implementation of the solutions can be accomplished with minimal disruption to your daily operations in the established time frame. Based on these reviews , McMurray Stern is pleased to offer the following solutions for your immediate consideration and approval. Workroom 104: }l> (2) Modular millwork station (Elevation H & Q) }l> The station will be 47-1/4" (H) and 59-1/8 (Q) wide x 24"/18 " deep x 76 "/90" high }l> The base cab inet will include (2) sliding doors }l> Wall hung cabinets with hinged doors are included with Elevation Q }l> The sorter unit (H) will have the capac ity for (48) sorter open ings at 3-1/4 ". Additional openings can be added with more trays . }l> Each tray will include an index label and holder. }l> Limited lifetime warranty Item 8.k. - Page 6 Patrol Commander 114: ~ (1) Modular millwork wardrobe cabinets (Elevation J) ~ The cabinet will be 36" wide x 24" deep x 72" high ~ The wardrobe cabinet will include (1) hanger rod , (3) drawers with hinged doors ~ Limited lifetime warranty Support Commander 116: ~ (2) Modular millwork storage/wardrobe cabinets (Elevation J) ~ The cabinet will be 36" wide x 24" deep x 72" high ~ The wardrobe cabinet will include (1) hanger rod , (3) drawers with hinged doors ~ Limited lifetime warranty Evidence Processing 117: ~ (2) Modular millwork cabinets and upper wall hung cabinets (Elevation C) ~ Each cabinet will be 47-1/4" wide x 24" deep x 42" high ~ Each wall hung cabinet will be 36"/24" wide x 30" high x 15" deep ~ The storage cabinet will include ( 1) adjustable shelf with hinged doors ~ The countertop will be stainless steel and include backsplashes on the back and sides ~ Marine grade edge included with the stainless steel top ~ Limited lifetime warranty Property Evidence 117/123: ~ (2) Modular millwork cabinets and upper wall hung cabinets (Elevation D) ~ Each cabinet will be 48"/36 wide x 18" deep x 42" high ~ Each wall hung cabinet will be 36"/24" wide x 30" high x 15" deep ~ The storage cabinet will include ( 1) adjustable shelf with hinged doors ~ The countertop will be stainless steel and include backsplashes on the back and (1) side ~ Marine grade edge included with the stainless steel top ~ Limited lifetime warranty ~ (2) Pass thru evidence lockers will be provide (Elevation PT -67 & 68) ~ Mail slot included in one upper door, refrigerator unit to include four standard doors for SARK Kits. ~ Lockers are 18"/36" wide x 24" deep x 84" high ~ Each locker includes a full lockable door on the rear Item 8.k. - Page 7 STANDARD FEATURES: • Unattended evidence drop-off (no keys required). • 82 " height is the largest in the industry for extra capacity . • Modular construction , units sh ipped fully assembled . • Self-dosing doors , rubber doorstops and recessed nickel-plated pull handle. • 14 and 18 gauge cold rolled steel construction . • Pre-drilled mounting holes in base and sides of locker. • Instruction and number tags installed at the factory . • Adjustable floor levelers. • Finished with high quality powder coat paint. • Attached sturdy base with toe space. • Installation hardware is included. • All doors include insid e steel liner. • Fully welded double door construction . • Multi point locking systems on all doors. • Stainless steel , full door length hinges. • Concealed fasteners throughout. • Lifetime warranty on the frame, 5 year limited warranty on moving parts . • Standard DSM push button lock s on front doors, keyed different with master key for evidence retrieval. Support 136 I Armory 135: };;> (2) Spacesaver universal weapons rack };;> Each rack is 42" wide x 16-1/4" deep x 61 "/84" high };;> Elevation A has a capacity of (20) long guns/shotguns };;> Elevation 8 has a capacity of (6) long guns, (8) pistols, and bin storage };;> Elevation 8 also includes (1) overhead storage cabinet Elevation A Elevation 8 Computer Forensics: };;> (2) Modular millwork cabinets (Elevation L) };;> Each cabinet will be 60 "/71" wide x 24 " deep x 72" high };;> Each cabinet will include a shelf above the work surface };;> The work tables are adjustable in height from 26"-36" and include 3-drawer pedestals on each side. };;> The countertop will be laminate };;> Limited lifetime warranty Item 8.k. - Page 8 Vestibule 140 Lockers: J;> (6) Spacesaver 3-Tier Lockers (E levation P) J;> Each locker will be 72 " high x 24 " deep x 30 " deep w ith 4 " base J;> One filler panel included J;> Includes sloped tops , finished end panels on exposed sides and padlock eye . Men's & Women's Locker Room 130A/131: J;> Spacesaver Personal Storage Locker with bench drawer J;> Capacity : Men 's-27 Women 's-11 J;> Each locker will be 24 " wide x 37" deep(includes bench drawer) x 98 " high J;> Each locker will include the follow: 1. Bench drawer with body armor shelf 2 . One top mounted electrical duplex 3. (1) Adjustable shelf with garment hanger 4. Three hook bracket 5. Lockbox 6. One additional adjustable shelf 7. Combination lock 8. Number tag for each locker 9 . Sloped tops Bench drawer w it h body ar mo r shelf One top mounted elect ric al dup lex Item 8.k. - Page 9 Additional items: :Y Combination lock :Y Number tag for each locker :Y Sloped tops Laminate tops for existing lateral filing cabinets: :Y Laminate countertops for existing lateral filing cabinets: *19" X 84", 19" X 126", 19" X 210" :r Delivery and installation included. To assure close coordination and achieve your desired goals, the project will be assigned a Project Management Team to coordinate and implement all the resources required. Each team member will be assigned specific responsibilities ranging from attending construction meetings to verifying field dimensions. Project control under the supervision of our Project Manager assures Arroyo Grande Police Department a timely, accurate and hassle-free installation. To minimize the disruption to Arroyo Grande Police Department's daily operation, McMurray Stern will receive material at our warehouse and inspect shipment for damage and completeness. McMurray Stern's warehouse facility also provides local inventory for any additional project needs or future service requirements. Once the site has been prepared, McMurray Stern crews will work to minimize disruption of the workflow. These crews are comprised of only McMurray Stern factory-trained employees and the work is performed under California License No. 469217 as set forth by California Law, B & P Code, Section 7026, Division 3, Chapter 9. During the warranty period, McMurray Stern will perform scheduled maintenance and inspections. This coupled with McMurray Stern's commitment to employ factory-trained installers and service technicians contribute to the long term, trouble-free operation of Arroyo Grande Police Department expects. McMurray Stern will provide unlimited training to all potential users so they may understand how to operate the installed equipment safely and effectively. As well, McMurray Stern will provide training on basic trouble-shooting and remedial maintenance techniques to your assigned maintenance personnel. Item 8.k. - Page 10 INVESTMENT The price of the programs, systems and products detailed in this proposal, tailored to the unique needs of Arroyo Grande Police Department and available through November 2014 is: Purchase Option: McMurray Stern: $133,850.00 Tax included Pricing based on California Multiple Award Schedule (CMAS) pricing Contract #4-14-71-0021F & 4-09-71-0021E Pacific Office Interiors: $60,677.66 Tax included Grand Total: Lead Time as of October 2, 2014 Standard Payment Terms: $194,527.66 10-12 weeks 40% due at time of order 30% due prior to start of installation 30% due upon job completion Lease Option: Acquire the system quoted above for 60 monthly payments with a $1 buy-out at lease end. For further information contact Randy Hacker at 805 532 0189. Standard Items Included: Applicable California State Sales Taxes Freight Charges All freight charges from the point of manufacture, to our receiving facility. Receiving at our facility Materials are unloaded, inspected and staged for delivery to jobsite. Material delivery to jobsite Materials are delivered to the jobsite as needed to minimize disruption of operations and to avoid "Trade Stacking". Installation Installation crews are McMurray Stern uniformed, factory-trained and bonded employees. After hours installation is available at no extra charge. Union labor Southern California Carpenter's Union Local 409. Removal of all debris and clean-up Upon completion of installation, all packing materials and other debris are removed from the jobsite and hauled away. Included Included Included Included Included Included Included Item 8.k. - Page 11 Optional Items for Consideration: Structural Calculation Services* $2,500.00 McMurray Stern can provide structural calculations for the seismic anchorage of the shelving system. Services include preparation of anchorage calculations by a licensed structural engineer and all wet stamped & signed copies. • Floor loading evaluation or other analysis is not included in this cost but can be quoted separately. • Client is responsible for the load bearing capacity of the floor upon which the proposed installation shall be constructed. • Structural Calculation Services typically extend the standard lead-time an additional 2 weeks after all necessary technical information has been supplied to McMurray Stern by Client. Item 8.k. - Page 12 Permit Services* $3,750.00 In jurisdictions that require a building permit for installation of shelving or movable cabinets in excess of 69" in height (2007 California Building Code), McMurray Stern can provide Permit Services. If Permit Services are ordered, structural calculations for the anchorage of the system must be obtained and are included as part of our Permit Services package. • McMurray Stern will obtain anchorage calculations (stamped by a licensed structural engineer) and submit this documentation to the appropriate regulatory agency to obtain the necessary permits. • Floor loading evaluation or other analysis that may be required by the regulatory agency are not included in this cost, but can be quoted separately. • Should the structural engineer or the plan checker require modifications such as additional anchorage, additional bracing or other system modifications, notification of additional costs will be sent to you for approval. • Client is responsible for the load bearing capacity of the floor upon which the proposed installation shall be constructed. • If services are desired, they must be ordered at time of shelving system purchase and cannot be provided subsequent to. • Permit Services typically extend the standard lead time an additional 4-6 weeks. Please note that the time required to obtain a permit is only an estimate. McMurray Stern will work in good faith with the building authority to obtain the permit as soon as possible, but the actual time required to obtain the permit is out of McMurray Stern's control. • Actual plan check and permit fees charged by the city are not included and will be added to the final invoice. • Above prices are offered per system; multiple systems to be quoted separately. The State has determined that any person who purports to have the capacity to undertake or submits a bid to construct these types of structures must be licensed pursuant to Contractor's License Law (B & P Code, Division 3, Chapter 9). CALIFORNIA STATE CONTRACTOR LICENSE NUMBER 469217 Item 8.k. - Page 13 OUR QUALIFICATIONS SPEAK FOR THEMSELVES DESCRIPTION CONTRACTOR YEARS IN BUSINESS YEARS REPRESENTING PROPOSED SYSTEMS YEARS MANUFACTURER HAS PRODUCED MOBILE STORAGE SYSTEMS AS PROPOSED NO. OF LOCAL SYSTEMS INSTALLED LICENSED CONTRACTOR CLASSIFICATION GENERAL: SPECIALTY: LICENSE NUMBER DUN & BRADSTREET NO. INSURANCE POLICY NO. WORKMAN'S COMP. FN-316713-04 AUTO CBP9503025 LIABILITY XYM69106342 BONDABLE RATE PERSONNEL INSTALLATION FACTORY TRAINED I FULL-TIME EMPLOYEES SERVICE WAREHOUSE ENGINEERING PROJECT MANAGEMENT MCMURRAY STERN 34 34 38 10,000+ YES B-1 C-61/D-24 469217 16-131-3465 COVERAGE STANDARD $1,000,000 $8,000,000 YES TRAVELER'S CASUALTY AND SURETY CO. 1% 20 YES 3 2 5 OTHER Item 8.k. - Page 14 ADMINISTRATION SALES VEHICLES INSTALLATION SERVICE FACILITIES INVENTORY I PARTS PROJECT STAGING WARRANTY MANUFACTURER EXTENDED WARRANTY PROPOSAL PRICING INSTALLATION INCLUDED TAX INCLUDED FREIGHT INCLUDED RECEIVING I WAREHOUSING INCLUDED DELIVERY INCLUDED WARRANTY INCLUDED CLEAN UP INCLUDED 5 14 6 2 2,400 SQ. FT./ $326,000 20,000 SQ. FT. VARIES BY MANUFACTURER VARIES BY MANUFACTURER YES YES YES YES YES YES YES Item 8.k. - Page 15 TERMS AND CONDITIONS 1. GENERAL: These terms and conditions shall apply to sales from McMurray Stem to Buyer and to any quotation by McMurray Stem for sales. These terms and conditions shall not be superseded by any terms and conditions in Buyer's order except as otherwise specifically agreed in writing executed by all parties to this agreement. The paragraph headings contained herein are for purposes of reference only and are not to be considered in the interpretation of any clauses contained herein. This agreement may be executed in counterpart and a copy of this agreement shall be as binding as is the original. 2. ENGINEERING DATA: The proposal drawings and/or specifications of any quotation are confidential engineering data, and represent McMurray Stem's investment in engineering skill and development, and remain the property of McMurray Stem. Such are submitted with the understanding that the information will not be disclosed or used in any manner detrimental to McMurray Stem. All specifications and dimensions of proposal drawings are approximate, and are subject to changes during detailed engineering. 3. DELIVERY: Installation or delivery date is approximate. McMurray Stern shall not be liable for delays in or failures of delivery due to changes requested by Buyer, or causes beyond tts control. If shipment is delayed at the request of Buyer, payment shall be made by Buyer as though shipment had been made as specified and for any expenses incurred by McMurray Stem due to Buyer's request in delaying shipment. 4. SPECIALS: Special items not considered as standard inventory by McMurray Stern and/or manufactured by McMurray Stern to Buyer's specifications or job requirements, will become the sole property of the Buyer and will not be accepted for return. 5. INSURANCE: McMurray Stern's employees who enter Buyer's premises will have Workmen's Compensation coverage in statutory limits and McMurray Stem's automobiles will be covered by Public Liability and Property Damage Insurance. 6. PAYMENT TERMS: Payment terms are 40% at time of order, 30% prior to start of installation and 30% due upon completion. There will be a 1% interest charge per month (12% per annum) for all invoices that are paid late. 7. CANCELLATION: On all canceled orders, Buyer shall compensate McMurray Stem for its performance, commitments and damage as follows; Buyer shall pay McMurray Stem a cancellation fee not to exceed the original purchase price. 8. CONSTRUCTION AREA: Buyer shall provide McMurray Stern with a free and dear construction site. Buyer shall remove all material and/or construction from the area. Buyer will furnish McMurray-Stem with adequate electrical power to efficiently operate the power tools required for the installation. 9. UNLOADING. SPOTIING AND STORAGE: Buyer shall provide McMurray Stem wtth adequate unloading facilities, and sufficient access to same to insure McMurray Stem's efficient unloading procedure. Adequate aisles shall be provided by the Buyer to provide efficient handling of the materials from the unloading of storage area to construction site. 10. STORAGE: If product is stored for more than 30 days at McMurray Stem, Inc. due to delays in delivery caused by buyer, McMurray Stem, Inc. will charge buyer at the rate of 1% of buyer's invoice per month, pro-rated daily. 11. COMMENCEMENT OF INSTALLATION AT JOB SITE: McMurray Stem will not be obligated to commence work at job site until receipt of written notice from Buyer that Buyer's building is ready for use and necessary utilities and equipment are supplied thereto. McMurray Stem will not commence work if other trades are present in the work area that may interfere with McMurray Stem's crews or that may cause potential damage to McMurray Stem's staged or installed materials. 12. CHANGES IN WORK: Should the Buyer order changes or additions to the work, such orders and adjustments shall be made in writing to McMurray Stem. The contract price shall be adjusted according to the changes in the work specified. 13. COMPLETION: Installation shall be deemed completed upon acceptance or use of any equipment by Buyer. 14. FLOORS: Buyer is responsible for the load bearing capacity of the floor upcn which the proposed installation shall be constructed. If McMurray Stem is not the contractor for the installation of the floor covering, Buyer's floor covering contractor is responsible for coordinating floor-covering installation after McMurray Stern installs system rail and floor. 15. SURVEYS. PERMITS AND REGULATIONS: Buyer shall procure and pay for all permits and/or inspections required by any governmental authority for any part of the work performed by McMurray Stem, except as otherwise stated. 16. TESTING: All material and equipment for testing the installation shall be provided at Buyer's expense. At the time when McMurray Stern states to the Buyer that the work is complete, the Buyer will inspect the work and if the work is in conformity with the terms and provisions of the proposal, the Buyer shall accept the same and deliver to McMurray Stem a signed statement of acceptance. If the Buyer dedines to sign such a statement then the Buyer shall immediately inform McMurray Stem in writing of the reasons for such declination. If the Buyer fails to so notify McMurray Stem of if the Buyer fails to make such inspection the work shall be conclusively deemed to have been accepted by the Buyer. 17. OVERTIME: This agreement is based on normal eight hour working day and no provisions have been made for overtime or shift premium pay. 18. BINDING ARBITRATION: Any controversy arising out of payment under this agreement or performance of the obligations set forth in this agreement or any controversy regarding the interpretation of this contract or any subcontract or sub-subcontract shall be resolved by way of binding arbitration except as provided by California Law for judicial review of arbitration proceedings. Owner, contractor, and all subcontractors and sub-subcontractors are bound, each to the other, by this arbitration clause, provided such party has signed this contract or has signed another contract which incorporates this contract by reference, or signs any other agreement to be bound by this arbitration dause. The binding arbitration shall be in accordance with the applicable rules of the American Arbitration Association which are in effect at the time the demand for arbitration is filed under those rules. Any dispute arising out of this agreement shall be determined under the laws of the State of California and shall be venued in the County of Los Angeles. Should any party refuse or neglect to appear or participate, in good faith, in the arbitration proceedings, the arbitrator is empowered to decide the controversy in accordance with whatever evidence is presented. The arbitrator is authorized to award any party or parties such sums as he shall deem proper for the time, expense and trouble of arbitration. This clause shall not apply to (a) any dispute which is not permitted by California Law to be resolved by way of binding arbitration, (b) a judicial or non-judicial foreclosure or other proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code section 2985, (c) the filing or enforcement of a mechanic's lien or (d) any matter that is within the jurisdiction of the probate or small claims court. If any party commences a court action as to any dispute covered by this clause then at the option of the arbitrator or judge that party shall not be entitled to recover attorneys fees even if that party may otherwise have been entitled Item 8.k. - Page 16 under this agreement. The filing of a court action to enable the recording of a notice of pending action for order of attachment receivership, injunction, or other provisional remedies, shall not constitute a violation of this dause. 19. A ITORNEYS FEES: In the event that any legal action induding binding arbitration as set forth in paragraph 18 herein is initiated regarding the breach of any terms or conditions of this agreement, the prevailing party shall be entitled to receive in addition to any actual damages suffered, their costs and attorney's fees incurred. Client Approval Date Item 8.k. - Page 17 Quality Products * Changed Uvea * A Safer California Arroyo Grande Police Department Linda Cox 200 N. Halcyon Road Arroyo Grande, 93420 ATIACHMENT 2 QUOTATION Quote Number OOOA480016620000 Expires Dec 31, 2014 ---------------------~~---· ---~ ---~----------------Pri~~---Extended! Qty Units Product# Description 19 Each 682900.0257 Avalon Ergonomic Chair, Vinyl, Black Onyx 10 Each 553900.1000 Lateral File Bin: 3 Drawer-42W, Carbon $484.00 $9,196.00 $500.00 $5,000.00 5 Each 554400.1000 Lateral File Bin: 4 Drawer-36W, Carbon $603.00 $3,015.00 Prepared Oct 2, 2014 1:41pm Michael Houser Phone: (916) 323-2419 email: Michaei.Houser@calpia.ca.gov Approved By _____________ _ Date _____________ _ Purchase Order Number-------------- Estimated Sales Tax $1,377.00 Subtotal $18,588.00 Total $18,588.00 Please attach this quote to or refer to the quote number in your purchase order Thank you for your business California Prison Industry Authority fl. 560 East Natoma Street.ll. Folsom, CA 95630-2200Ll. www.calpia.ca.gov Item 8.k. - Page 18