90-003 Office Unlimited of California, Inc.; Furnishing for the Quinlan Community Center •
AGREEMENT Acct. # 160-2001-953.010
4 Oftre, Not to exceed $210,000
p<3%s CITY OF CUPERTINO
4°900 p— P.O. Box 580
main Cupertino, CA 95015
252-4505 NO.
BY THIS AGREEMENT made and entered into on the 8th day of January 1990
by and between the CITY OF CUPERTINO(Hereinafter referred to as CITY) and
Name (1) Offices Unlimited of California. Inc(?) Andrew M. Cicisly
Address Suite 420, 226 Airport Parkwa�Eity San Mc/3Zip 95110 Phone 453—.0621
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials:
Purchase, delivery, and installation of furnishings for the Quinlan Community
Center, as per notice to bidders, Project 88-2001.
EXHIBITS:The following attached exhibits hereby are made part of this Agreement:
Notice to Bidders (Exhibit A)
O.U.I. Pricing Summary (Exhibit B)
O.U.I. General Terms and Conditions (Exhibit C)
TERMS The services and/or materials furnished under this Agreement snail commence on January 2, 1990
and shall be completed before March 31, 1990
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR:
as per bid quote (attached Exhibit B)
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and
all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per-
formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein..
Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of insurance
before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of
the race,color, national origin,ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense
that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to
be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in
executing this agreement.Contractor certifies that no one who has or will have any financial interest under this
agreement is an officer or employee of City.
Changes. This agreement shall not be assigned or transferred without the written consent of the City.No changes or
variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME Stephen G. Dowling DEPARTMENT Parks and Recreation
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONT , i Ctue
TY OFCUPERTINO:
By
Title �/✓
Soc. Sec.# N/A \
APPROVALS
Department He Date Cit; - •rkl Date
White-City Clerk Cony Green-Finance anary-Contractor's Com Pink-RSc vino Copy Goldenrod- apartment Copy
`r NOTICE TO BIDDERS
Cupertino Community Center, Project 88-2001
' The City of Cupertino, Santa Clara County, California, invites sealed
proposals for interior furnishings as delineated in the specifications
entitled QIpertinp Comity Center Furnishings, Project 88-2001.
Specifications may be reviewed and copies of same Obtained at the office
of the Director of Parks and Recreation, City of Cupertino, 10300 Torre
Avenue, Cupertino, California at a cost of $10.00 per set.
Sealed proposals will be received at the office of the City Clerk, City
Hall, City of Cupertino, 10300 Torre Avenue, Cupertino, California, until
2:00 p.m. on Monday, December 11, 1989, at which time they will be
publicly opened and the comparative totals read.
All proposals or bids shall be accompanied by cash, a cashier's check, or
certified check payable to the order of the City of Cupertino, in the
amount of ten percent (10%) of the bid, or by a bond in said amount
payable to the City of Cupertino. Said bond shall be signed by the bidder
arra a corporate surety, or by the bidder and two (2) sureties who shall
justify before any officer competent to administer an oath, said check
shall be forfeited or said bond shall become payable to the city in case
the bidder ,depositing the same dins not enter into a contract with this
city within ten (10) days after written notice that the contract has been
awarded to him.
All bids shall be compared using the estimated quantities and the unit
prices submitted. No incomplete nor interlineated proposal or bid will be
accepted. Bidders are required to bid on all items of the proposal.
All bids received will be reported to the City Council of Cupertino within
thirty (30) days of receipt, at which time the City Council will review
and act upon the bids submitted. Award, if any, will be made to the
responsible bidder whose proposal is most advantageous to the city.
The City of Cupertino reserves the right to reject any or all bids, and
further reserves the right to delete any item or items from the proposal
or to increase or decrease the quantity of any item thereof.
Payments to the supplier will be made in cash upon submission by the
supplier and approval by the Director of Parks and Recreation of a
progress billing which reflects the value of furnishings received. The
progress payments will be payments on account and will not be considered
as an acceptance of any part of the furnishings in regards to material or
workmanship.
City of
ertino
67 xi
� G f
C:i Cly y'�/ Date ' ii /
Published: November 29, 1989
December 6, 1989
E.xVIrtirT
• 531s
CUPERTINO COMUNITY CENTER
PRICING SUMMARY
December 21, 1989
ITEM# QTY.VENDOR DESCRIPTION UNIT EXTENSION
TABLES - FOLDING & PRESCHOOL
2 38 KRUEGER ROUND FOLDING TABLE W/TT BASE 60"D X 29"H 576.12 21892.56
19 8 KRUEGER RECT. FOLDING TABLE W/CARPET CASTERS 96"L 258.95 2071.60
20 4 KRUEGER ROUND FOLDING TABLE W/CARPET CASTERS 60"DIA 241. 15 964.60
29 9 KRUEGER RECT. FOLDING TABLE W/SOFT CASTERS 96"L 241 . 15 2170.35
SUB-TOTAL $27099.11
TABLES - OCCASIONAL, CONFERENCE, CREDENZA
5 4 PPP SQUARE SIDE TABLE 24"W X 24"D X 24"H 451 .58 1686.32
7 2 PPP DRUM COCKTAIL TABLE 30"DIA X 21"H 322.71 645.42
8 1 BRANDRUD RACETOP CONF. TBL. W/ELLIL'1ICAL EDGE 144"L 2996.59 2996.59
10 1 METRO COCKTAIL TABLE W/RESIN TOP AND BASE 60"D 1434.88 1434.88
11A 2 PPP SIDE TABLE 30"SQUARE X 18"H 527.26 1054.52
16 1 KNOLL CONFERENCE TABLE 7814.00 7814.00
22 7 JYSKY PLASIC LAMINATE TOP TABLE 47"DIA X 20"H 335.22 2346.54
26 1 KNOLL CREDENZA 4 BOX/1 FILE/2 STORAGE CABINETS 3335.00 3335.00
1 KRUEGER RECT. WORK TABLE WIT BASE 36"W X 72"L X 29"H 335.04 335.04
SUB-TOTAL $22669.31
SEATING - STACKING & PRESCHCOL
21 80 FIXTURE THERMOPLASTIC SIDE CHAIR 72.72 5817.60
28 6 FIXTURE THERMOPLASTIC SIDE CHAIR 72.72 436.32
30 50 FIXTURE THERMOPLASTIC SIDE CHAIR 72.72 3636.00
23 45 JYSKY PRESCHOOL BIRCH CHAIR 105.68 4755.60
24 4 JYSKY PRESCHOOL ADULT SIZE CHAIR 122.72 490.88
SUB-TOTAL 15136.40
•
• in •
DU.El
CUPERTINO CCttIUNTIY CENTER
December 21 , 1989
Page Two
ITEM# QTY.VENDOR DESCRIPTION UNIT EXTENSION
SEATING - TASK, OFFICE, CONFERENCE
1 350 KRUEGER VERSA STACKING ARM CHAIR, GANGER 159.65 55877.50
9 12 HAWORTH CONFERENCE CHAIR UPHOLS. W/MECHANICAL HGHT 506.57 6078.84
12 2 HAWORTH TASK CHAIR WITHOUT ARMS, PNEUMATIC HGHT ADJ. 417.01 834.02
13 12 HAWORTH SLED BASE GUEST CHAIR 425.52 5106.24
14 3 HAWORTH MANAGEMENT HI-BK CHAIR, PNEUMATIC HGHT ADJ. 611.12 1833.36
15 3 HAWORTH MANGEMENT CHAIR, PNEUMATIC ADJ. 510.47 1531.41
17 32 KRUEGER CONFERENCE CHAIR 674.82 21594.24
SUB-TOTAL $92855.61
LOUNGE SEATING .
3 2 BRAYTON LOUNGE THREE SEAT SOFA 1440.80 2881.60
4 4 BRAYTON LOUNGE CHAIR 628.53 2514.12
6 8 BRAYTON CHAIR 528.23 4225.84
11 6 METRO TIBURON ARMLESS SECTIONAL 762.44 4574.64
18 4 KRUEGER LOW BLACK MODULAR SEAT 920.51 3682.04
SUB-.SAL $17878.24
OFFICE CASEWORKS
OF45 1 DESIGNG PEDESTAL W/TWO BOX AND ONE FILE 340.63 340.63
OF45 1 DESIGNG DESK SHELL WITH SQUARE EDGE 612.20 612.20
OF45 1 DESIGNG CREDENZA PID/DOOR/PED WITH TOP MT PULL 1258.16 1258.16
OF45 1 DESIGNG SHELVING SF 12" DEEP WITH WOOD BACK 738.94 738.94
OF45 1 DESIGNG SHELVING SF 12" DEEP WITH WOOD BACK ADD. 558.83 558.83
OF45 1 DESIGNG CREDENZA LOCK ADDITION 74.17 74.17
4 OM El
CUPERTINO COMMUNTIY CENTER
December 21, 1989
Page Three
ITEM# QTY.VENDOR DESCRIPTION UNIT EXTENSION
OF46 1 DESIGNG PEDESTAL W/TWO BOX AND ONE FILE 340.63 340.63
OF46 1 DESIGNG DESK SHELL WITH SQUARE EDGE 612.20 612.20
OF46 1 DESIGNG CREDENZA PED/DOOR/PID WITH TOP MT PULL 1258. 16 1258.16
OF46 1 DESIGNG SHELVING SF 12" DEEP WITH WOOD BACK 738.94 738.94
OF46 1 DESIGNG SHELVING SF 12" DEEP WITH WOOD BACK ADD. 558.83 558.83
OF45 1 DESIGNG CREDENZA LOCK ADDITION 74. 17 74.17
OF48 1 DESIGNG PEDESTAL W/TWO BOX AND ONE FILE 340.63 340.63
OF48 3 DESIGNG FLIPPER DOOR STORAGE WITH TASKLIGHT 271.56 814.68
OF48 3 DESIGNG WOOD PANEL SUPPORTS 118.12 354.36
OF48 2 DESIGNG WORK SURFACE 184.05 368.10
OF50 2 DESIGNG FLIPPER DOOR STORAGE WITH TASKLIGHT 321.67 643.34
OF50 1 DESIGNG SPECIAL ANGLED WORKSURFACE, SQUARE EDGE 285.01 285.01
OF50 1 DESIGNG SPECIAL ANGLED WORKSURFACE, SQUARE EDGE 329.65 329.65
OF50 2 DESIGNG PEDESTAL WITH TWO BOX AND ONE FILE 340.63 681.26
OF52 1 DESIGNG PEDESTAL WITH TWO BOX AND ONE FILE 340.63 340.63
OF52 1 DESIGNG DESK SHELL WITH SQUARE EDGE 612.20 612.20
OF52 1 DESIGNG CREDENZA PID/DOOR/PID W/TOP MT PULL 1258.16 1258.16
OF52 1 DESIGNG SHELVING SF 12" DEEP WITH WOOD BACK 738.94 738.94
OF52 1 DESIGNG SHELVING SF 12" DEEP WITH WOOD BACK ADD. 558.83 558.83
OF52 1 DESIGNG CREDENZA LOCK ADDITION 74.17 74.17
SUB-TOTAL S14565.82
D 4 f J
1
1 CUPERTINO Q)MMUNTIY CENTER
1 December 21, 1989
Page Four
1 ITEM# QTY.VENDOR DESCRIPTION UNIT EXTENSION
1 lA 35 KRUEGER VERSA TRANSPORT DOLLY, ACCOM. 10 CHAIRS 111.98 3919.30
1 11B 3 PPP CYLINDRICAL PLANTER 30"DIA X 18"H 235.90 707.70
' 18A 4 KRUEGER PLANTER 12"L X 30"D X 32"H 484.09 1936.36
21A 4 FIXTURE FOUR WHEEL DOLLY, STACKS 45 HIGH 232.95 931.80
25 1 NUCRAFT VISUAL BOARD WITH BEVEL STYLING 1302.95 1302.95
1 31 10 KRUEGER. DOLLY, ACCOM. FOUR 60" DIA TABLE 244.43 2444.30
1
SUB-TOTAL $11242.41
I TOTAL FOR. ENTIRE PROJECT $185860.08
/
FREIGHT, DELIVtR.Y AND INSTALLATION ARE INCLUDED IN PRICE.
1 APPLICABLE SALES TAX WILL BE ATTITIONAL.
TERMS: SEE INCLOSTERMS AND CONDITIONS.
QUOTE WILL BE V p' FOR 30 DAYS.
/ f
SUBMI1TED BY: /G'J C4r. Th
ANDREW M. CICISLY,
APPROVED BY:
CITY OF CUPERTINO DATE
•
• • SALES AND SECURITY TERMS
raHi.1T C
SALE:Seller shall sell to Buyer,and Buyer shall purchase corn Seller.those items of office 13. FINANCING STATEMENT: Concurrently herewith the Parties shall execute. on form
eau:lmen:. -irnimre. furnishings and supplies thereinafter sometimes collectively called approved by the California Secretary of State. such Financing Statements as the Unifcrn
i.
"tines as smealr; int tart'[.n a Soles Order.a copy of which is attached hereto and by Commercial Code of California may permit or require to be filed to tartest the security intents
its r•aerence,.-ice a Lac sector.It is nxuressly understood and agreed between Buyer and in the Units by Seiler under this Agreement.and Seller shall have the right to immediate'.
.Seller that,ember:went to the date of this Agreement.additional Units may be sold by Seller file said Finanrnp Statements with the California Secretary of State as provided by law,
▪ 'o Buyer, 4e determined an subsequent Sales Orders,and that all the terms and conditions
e if this Agreement shall fully aunty to all sales by Seller o buyer of env sucn additional Units. 14. ADDITIONAL INDEBTEDNESS:In the event Buyer shall become indebted to Seller or an'
Isis mother .xumssle+mYnowlaugeo between the parties that.in addition to sale of the Units, assignee of Seller coon any account or obligation or for any services not within the variou:
, Seller may erovins.mer with,and enarge Buyer for,design services,additional installation terms of this Agreement,:he security interest of Seller as heretofore described shall canunu,
, nhoq and -enter of allurement, furniture and furnishings, until such indebtearess has leen paid in full, and should Butter be in default at any time
as to any of the :erns or conditions of this Agreement, all unpaid amounts of sucr
2. PORCH ASE PRICE:The Purcnase Price far the Units shall be as stated on the Sales Order. indebtedness shall become due and payable immediately irrespective of the due date thereof
,ubiect to adjustment:in invoicing for additional amounts including,without limitation,all
• malleable taxes and any special packaging or handling cnarges. 15. REMEDIES:Upon cefauit by Buyer,Seller may require Buyer to assemble the Units or ant
fe TERMS:The invoice purchase price for the units shall be payable as follows:A cash deposit part of them,and mase them available to Seller at a place designated by Seller,and Seder
1. rual to thirty percent 13O%)of the Purchase price upon presentation of the sales order with further shall have all of the rights and remedies allowed the holder of a security interest under
valance due 30 pays from date of the invoice. Payment shall be made by Buyer to Seller the Uniform Commercial Coos of California,"Default"is defined to include,without limitation.
at 1515 Alvarado Street.San Leandro,California 94577,Any sum remaining unpaid after due attachment or levy uoon any of the Units for any debt,obligation,fine or assessment claimer:
late. az specifies]herein,;hall thereafter near interest at the rate of 1-1/2%per month 118% to be due from Buyer:or aoaneonment by Buyer of any of said Units,or any part thereof:
per aceeml,provided.however,that no interest shall be charged hereunder in excess of the or insolvency of Buyer.or institution by or against Buyer of any proceedings under the United
maxirnom permissible rate under the applicable laws of the State of California. States Bankruptcy Code.as amended:in addition to non-performance by Buyer of any ar
all terms and conditions of this Agreement.
, )ELIVERY AND INSTALLATION:Deliver/and/or installation of Units shall be subject to
the following provisions: 16. ASSIGNMENT:
A. Conditions of Job Site:The job site shall be clean,clear and free of debris prior to A. Seller shall have:he right to assign this Agreement or Seller's rights under this Agreement
' installation.
to any nerson or entity not a party to this Agreement.
B. Job Site Services: Electric current, heat, hoisting and/or elevator service will be
1 furnished without charge to Seller.Adequate facilities for off-loading,staging,moving, B. Buyer shall not assign this Agreement or any of Buyer's rights under this Agreement.
and handling of merchandise shall be provided by Buyer. except pursuant to the orior written consent of Seller,and all of the terms and conditions
C. Delivery During Normal Business Hours:Delivery and installation will be made during of this Agreement shall inure to and bind the hairs.successors,executors,administrators.
1 normal wcrkinn hours.Additional labor costs resulting from overtime work performed and permitted assignees of Buyer.
.51 the Buvers reouest will be billed to and payable by Buyer.In the event any Units 17. WAIVER:Acceptance by Seller of payments of Interest or principal past-due,or Dart payment
arrive at Buyers "ship to" location and delivery and/or installation cannot be of monies dues,under this Agreement,or failure of Seller to enforce at any time or for any
accomoiishea.the Units will be stored until delivery and/or installation can ha effected period of time any one or more of the terms or provisions of this Agreement,shall not constitute
and all resulting costs, including, without limitation, any costs related to storing, a waiver or modification of any of the terms of this Agreement,or a waiver of Seller's rignt
I cloying, loading,and unloaning,shall be paid by Buyer. to thereafter enforce each and every term and condition of this Agreement.
D. Erection ant.Assembly:Seller's ability to erect or assemble furniture shipped knocked.
down or so permanently attach.affix,or colt in place movable furniture is dependent 18. INDEMNITY:Buyer shall defend and hold Seller or any assignee of Seller,absolutely free
on jurisdictional agreements between trade unions at the job site.If trade regulations and harmless from any and all liability for injury or for damages of any kind to any persons
or property caused by or arising out of the use or operation of the Units by Buyer,inclusive
enforced at :he time of installation require on-site tradesmen to complete the
installation,the cost will be additional and paid by Buyer. Delivery of unusual items of all costs and attorney's tees incurred in connection therewith.
recurring special handling such as insulated files,etc.,shall be charged to buyer at 19. CONSTRUCTION: his Agreement shall be deemed a California Contract, and shall be
applicable commercial rate for such handling. governed by and construed in accordance with the laws of the State of California.
E. Freight Claims:in the case of droo shipments,it will be Buyer's responsibility to inspect
the Units sea to file iretght claims in the event of damage. 20. DELAYS:
5. ACCEPTANCE: Acceptance by Buyer of delivery constitutes acceptance of the Units as A. Seller shall not be liable for any delay or failure to comply with the terms and conditions
leevered.The Units snail be delivered by Seller to Buyer at a"ship to"location specified of this Agreement which is due to delay in the manufacture or delivery of the Units or
I ,y Buyer, the Units snail not be removed from such location or from the possession of Buyer any part thereof by the manufacturer.
avitnout the prior written consent of Seller.until all amounts due under this Agreement have
I 'leen;aid in full. B. In the event construction delays or other causes not within the seller's control force
L. JANCELLATI ONS: Greets cannot.be cancelled except by mutual consent in writing. A postponement of delivery end/or installation,the Units will be stored until delivery and/or
restocking charge of Thirty Percent 130%1 will be imposed for all approved cancellations of installation can Be effected and will be considered accepted by the Buyer for purposes
nerchandise. of payment. Invoices will be sent to Buyer and paid as provided in Section 3 of this
Agreement.Transfer arta storage charges incurred shall be paid by the Buyer. Charges
7. CHANGES IN REQUIREMENTS:Changes in Orders are subject to approval by Seller and for additional labor will be paid by Buyer,based upon Seller's current hourly rates then
Manulac:urer and all requests for changes shall be delivered to the Seller in writing.Resultant in effect.
:harges from the manufacturer will be borne by Buyer.
8. RISK OF LOSS: Should any of the Units suffer any loss,damage or injury after invoicing, 21. CONFLICTS OF DOCUMENTS:In the event of any inconsistency or conflict between the
3uyer agrees,.notwithstanding, to purchase and oay for said Units in full according to the terms and conditions of this Agreement, and any other documents, including without
erns of this Agreement.and shall indemnify Seller and hold it harmless from any such loss, limitation,any Purchase Orders of Buyer,the terms and conditions of this Agreement shall
damage or injury. take precedence and prevail.
'ERSONAL PROPERTY:The Units shall remain personal property at all times during the 22. CREDIT:Buyer does nereby warrant and state that there does not now exist,and there shall
Terms of this Agreement. or the period during which any balance due hereunder remains not exist, any other extension of credit to Buyer in connection with the Units,except as
outstanding,whichever shall be longer.Nothing shall prevent Seller from removing said Units disclosed in writing prior to execution of this Agreement. -
,r so many of them as Seiler,in its sole discretion. may determine from Buyer's premises
and/or possession on Buyer's default in accordance with applicable law. 23.TERMINATION:Ether Darty may terminate this Agreement upon 15 days poor written notice
to the otner party,provided.however,that such termination shall apply only to future sales
r.
BUYER'S OBLIGATIONS:Until payment in full of any amounts due under this Agreement, • of Units and all of the terms of this Agreement shall remain in full force and effect with respect
luyer shall permit Seller to examine any and all Units in Buyer's possession at any reasonable
time, anall maintain the Units in good condition and repair and shall not permit the Units to Units previously sold until payment in full of all sums due under this Agreement.
o be attached or other process to ce levied or assessed against the Units,this Agreement 24. NOTICE:Any notice or payment required or permitted under the termsof this Agreement
:nd/or:he indebtedness evidenced thereby, Buyer shall further,at its own expense, keep shall be delivered by First-Class mail,postage prepaid and addressed to the appropriate Party
the Units.and each of them.insured against loss by fire,theft.and such risks and hazards at the address designated in the introductory paragraph to this Agreement,or to such other
I ha such amounts and on soon terms as shall be determined by Seller,which insurance shall addresses of which either Party may give notice in writing as provided in this paragraph.
le made eavacle in the event of loss.first to Seller up to the amount of the unpaid balance
owing under this Agreement,and the surplus to Buyer.Buyer shall further,at its own expense, 25.TIME OF THE ESSENCE:Subject to the provisions of paragraph 16 hereof,time is of the
Inay all taxes,assessments and other charges levied or assessed on the Units ar any part of essence of this Agreement.
he Units. •
26. ATTORNEYS'FEES: in the event a dispute should exist,arising out of or relating to this
1. USE: Buyer hereby agrees that it shall use the Units in a careful and proper manner,and
I hall not.tae the Units or permit them to be used for any unlawful purpose or for hire or Agreement.whether or not litigation results,the prevailing party shall be entitled to recover
n any manner or for anypurpose or byanyail costs and expenses includingreasonable attorney's fees incurred in enforcinganyof the
person or entity which will void,vitiate or impair Y
any insurance provides herein. terms, conditions or provisions of this Agreement.
I IECURITY:Until all sums due from Buyer to Seiler under this Agreement are paid in full, 27. PARAGRAPH HEADINGS:The paragraph headings contained In this Agreement are for
Beller shall have a securityinterest in the Units, and each of them, to secure the full convenience only,ane are not intended to fully or accurately summarize the contents of any
aerformence by Buyer of any ane all obligations arising under this Agreement including, paragraph.Such headings shall not be used in the construction of any of the provisons hereof.
Ivithout limitation,any balance of the purchase price,insurance.late charges and any other
advances or expenses made by Seller as permitted by this Agreement or by law,and Seller 22.AUTHORITY TO EXECUTE:Each person executing this Agreement in behalf of Seller or
shall have all rights antl remedies accorded to a Secured Party under the Uniform Commercial . Buyer warrants and represents that he or she is an officer or authorized agent of such a party
1 :ode of California. • authorized to execute this Agreement in behalf of such party. '