HomeMy WebLinkAboutItem 1h - Purchase Order for Fire Station 105 Roofing MaterialsPurchase Order with The Garland Company
for Fire Station 105 Roofing Materials
May 1, 2018
Page 1 of 3
DATE: May 1, 2018
TO: Honorable Mayor and City Council
FROM: Tom Tait, Public Works Services Director
By: Tyler Polidori, General Services Superintendent
SUBJECT: PURCHASE ORDER WITH THE GARLAND COMPANY, INC., FOR THE
PURCHASE OF ROOFING MATERIALS FOR THE FIRE STATION 105
ROOF RESTORATION PROJECT IN THE AMOUNT OF $74,488.88
Recommendation: Approve
SUMMARY
The Fiscal Year 2017-18 Capital Improvement Plan provides for roof restoration and
repairs at Fire Station 105. Utilizing the State of California Multiple Award Schedules
(“CMAS”) purchasing program will enable the City to streamline the process of
procuring roofing materials and receive the best price possible for these items.
It is recommended that the City Council approve a Purchase Order with The Garland
Company, Inc. for the purchase of roofing materials in the amount of $74,488.88.
DISCUSSION
The Fiscal Year 2017-18 Capital Improvement Plan provides for roofing repairs and a
full roof restoration at Fire Station 105. The current roof system at Fire Station 105 was
installed during the building reconstruction using a low-grade roofing material which has
resulted in premature failure. The existing top layer roof cap sheet has begun to
deteriorate and is suffering alligator cracking in multiple areas. This type of cracking can
potentially result in water leaks and failure of the roof decking and insulation.
Additionally, the base flashings are starting to pull away from the parapet wall creating
cracks that could cause potential leaks. Multiple spot repairs have been completed to
extend the life of this roof, but a more extensive restoration is necessary to ensure that
the building does not encounter costly water damage during heavy rains.
Performing restorative preventative maintenance work on the Fire Station roof will
enable the roof membrane to stay intact without the expense of completely replacing the
roof. The restoration project will include repairs to all imperfections in the roof system
such as blisters, mole runs, splits, and tears with a three-course application of mesh
Purchase Order with The Garland Company
for Fire Station 105 Roofing Materials
May 1, 2018
Page 2 of 3
and mastic. The roof will then be top-coated with a LEED certified Garland brand “White
Star” polyuria coating and 3/8 inch gravel.
The roof restoration project will be performed by a licensed roofing contractor using
roofing materials that are purchased and supplied by the City. This construction method
will reduce the total project cost by eliminating a material price markup from the
contractor. The Public Works Services Department is currently out to bid for the
construction labor services portion of this project and will propose for approval a
contract award to the anticipated lowest responsive bidder award at an upcoming City
Council meeting.
The State Department of General Services’ Procurement Division has issued a
purchasing contract to The Garland Company, Inc., through the California Multiple
Award Schedule program for roofing materials. The California Government Code
authorizes public agencies to participate in purchasing agreements, like those
established by the CMAS, while still adhering to the City’s adopted rules and
procedures for the procurement of goods and services. CMAS contracts offer a wide
variety of commodities and products at prices that have been assessed to be fair,
reasonable, and competitive. By utilizing the CMAS purchasing program, the City is able
to streamline the process of procuring roofing materials for the Fire Station 105 Roofing
Restoration Project. The Public Works Services Department has reviewed the
specifications and CMAS bid documents provided by The Garland Company, Inc. to
insure that they are compatible with the City’s scope of services.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
FISCAL IMPACT
The total purchase price of the roofing materials is $74,488.88. Funds in the amount of
$300,000 for both labor and materials have been budgeted in the Fiscal Year 2017-18
Capital Improvement Plan for the Fire Station 105 Roof Restoration Project.
RECOMMENDATION
It is recommended that the City Council approve a Purchase Order with The Garland
Company, Inc. for the purchase of roofing materials for the Fire Station 105 Roof
Restoration Project in the amount of $74,488.88.
Purchase Order with The Garland Company
for Fire Station 105 Roofing Materials
May 1, 2018
Page 3 of 3
Attachments: CMAS Garland Company, Inc. Roofing Material Proposal Contract
CMAS Material Purchase Order Request
Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
The Garland Company, Inc.
CONTRACT NUMBER: 4-01-56-0006A
SUPPLEMENT NO.: 4
CMAS CONTRACT TERM: 4/23/2015 through 4/30/2020
CONTRACT CATEGORY: Non Information Technology Goods
APPLICABLE
TERMS & CONDITIONS: August 2010
MAXIMUM ORDER LIMIT: $100,000
FOR USE BY: State & Local Government Agencies
BASE GSA SCHEDULE NO.: GS-07F-0130K
BASE SCHEDULE HOLDER: The Garland Company, Inc.
This contract provides for the purchase and warranty of roofing and
flooring materials. (See page 2 for restrictions applicable to this
contract.)
NOTICE: Products and/or services on this CMAS may be available on a Mandatory Statewide Contracts. If this
is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained
in the Statewide Contract User Instructions. Information regarding Statewide Contracts can be obtained at the
website: http://www.documents.dgs.ca.gov/pd/contracts/contractindexlisting.htm. This requirement is not
applicable to local government entities.
The purpose of this supplement is to renew this contract through 4-30-20. In addition, this supplement replaces
in its entirety The Garland Company, Inc’s existing California Multiple Award Schedule (CMAS) that expires on
4-30-15. The most current Ordering Instructions and Special Provisions and CMAS Terms and Conditions
dated August 2010 products and/or services and pricing are included herein. Please review these provisions
carefully because they may have changed since issuance of your last contract.
Agency non-compliance with the requirements of this contract may result in the loss of delegated authority to
use the CMAS program.
Contractor non-compliance with the requirements of this contract may result in contract termination.
______Original Signature On File________________________ Effective Date: 4/23/2015
YOLANDA TUTT, Program Analyst, California Multiple Award Schedules Unit
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE GARLAND COMPANY, INC.
CMAS NO. 4-01-56-0006A, SUPPLEMENT NO. 4
Ordering Instructions and Special Provisions 2
CMAS PRODUCT & SERVICE CODES
The CMAS Product & Service Codes listed below are
for marketing purposes only. Review this CMAS
contract and the base contract identified below for the
products and/or services available on this contract.
Construction Flooring-Epoxy
Construction Roofing-Material
AVAILABLE PRODUCTS AND/OR SERVICES
The ordering agency must verify all products and/or
services are currently available on the base GSA
schedule at the GSA eLibrary. Access the GSA
eLibrary at www.gsaelibrary.gsa.gov.
EXCLUDED PRODUCTS AND/OR SERVICES
Installation services, and public works service with a
requirement for State contractor licensing are not
available under this contract.
CMAS BASE CONTRACT
This CMAS contract is based on some or all of the
products and/or services and prices from GSA
Schedule No. GS-07F-0130K (The Garland Company,
Inc.) with a GSA term of 1/20/2015 through
1/19/2020. The term of this CMAS contract
incorporates an extension of three months beyond
the expiration of the base GSA contract, and is
shown in the “CMAS Term Dates” on page 1.
ISSUE PURCHASE ORDER TO
Agency purchase orders must be mailed to the following
address, or faxed to (216) 883-2055:
The Garland Company, Inc.
3800 E 91st Street
Cleveland, OH 44105
Attn: Steve Rojek
Agencies with questions regarding products and/or
services may contact the contractor as follows:
Phone: (216) 430-3613
E-mail: srojek@garlandind.com
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code Section
10295.4, and prior to placing an order for non-IT goods
and/or services, agencies must verify with the Franchise
Tax Board and the Board of Equalization that this
contractor’s name does not appear on either list of the
500 largest tax delinquencies pursuant to Section 7063
or 19195 of the Revenue and Taxation Code.
The Franchise Tax Board’s list is available at
www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml.
The Board of Equalization’s list is available at
www.boe.ca.gov/cgi-bin/deliq.cgi.
CALIFORNIA SELLER’S PERMIT
The Garland Company, Inc.’s California Seller’s
Permit No. is 30651030. Prior to placing an order with
this company, agencies should verify that this permit is
still valid at the following website: www.boe.ca.gov.
CONTRACT PRICES
The maximum prices allowed for the products and/or
services available in this CMAS contract are those set
forth in the base contract identified on page 2 of this
contract.
The ordering agency is encouraged to seek prices lower
than those on this CMAS contract. When responding to
an agency’s Request for Offer (RFO), the contractor can
offer lower prices to be competitive.
DARFUR CONTRACTING ACT
This contractor has certified compliance to the Darfur
Contracting Act per PCC section 10475, et seq.
AMERICAN RECOVERY AND REINVESTMENT ACT
(ARRA)
Ordering departments executing purchases using ARRA
funding must attach the ARRA Supplemental Terms and
Conditions document to their individual RFOs and
purchase documents. Departments are reminded that
these terms and conditions supplement, but do not
replace, standard State terms and conditions associated
with this CMAS contract. The ARRA Supplemental
Terms and Conditions can be accessed at
www.documents.dgs.ca.gov/pd/poliproc/ARRATand%20
C081009final.pdf.
WARRANTY
For warranties, see the federal GSA schedule and the
CMAS Terms and Conditions, General Provisions,
CMAS Warranty.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE GARLAND COMPANY, INC.
CMAS NO. 4-01-56-0006A, SUPPLEMENT NO. 4
Ordering Instructions and Special Provisions 3
DELIVERY
30 days after receipt of order, or as negotiated between
agency and contractor and included in the purchase
order, or as otherwise stipulated in the contract.
SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Origin. Buying agency pays the
freight charges.
State agencies (not local governments) must follow
the instructions below for shipping charges
exceeding $50.
All shipments will be made by ground transportation
unless otherwise ordered on the Std. 65.
Before placing order, contact the DGS Transportation
Management (916) 376-1888 to determine the routing of
freight shipments. You will need to provide
Transportation Management with the point of origin and
destination. They will also want to know the commodity
being shipped and the estimated shipping weight of the
order. If shipping overnight, the account number must
be included.
Routing information should be shown on the face of the
Contract/Delegation Purchase Order (Std. 65) in the
format shown below.
Shipping Instructions:
Supplier route via: _____________________________.
Carrier’s telephone number: _____________________.
Annotate bill(s) of lading as follows:
“Freight for account of State of California. Tender
Number: ____________________applies. State of
California Purchase Order Number: __________ SHIP
FREIGHT COLLECT.” Estimated Freight charges:
___________________.
If supplier is unable to use this carrier, call
Transportation Management at (916) 376-1888.
The following statement must be noted on the
purchase order when the commodities are being
shipped via UPS (United Parcel Service) and the
State is paying directly to UPS (Collect).
Shipping Instructions:
Supplier route via United Parcel Service (ground).
State of California, Department of
___________________ UPS account number applies.
State of California Purchase Order Number
_____________. SHIP COLLECT. Estimated UPS
charges: ___________________.
If supplier is unable to use UPS, call Transportation
Management at (916) 376-1888.
Contractor Note: Additional shipping costs incurred by
deviation to above shipping instructions, without
Transportation Management approval, shall be charged
to the contractor.
PURCHASING AUTHORITY DOLLAR THRESHOLD
No CMAS order may be executed by a State agency
that exceeds that agency’s CMAS purchasing authority
threshold or the CMAS maximum order limit, whichever
is less.
HOW TO USE CMAS CONTRACTS
Agencies must adhere to the detailed requirements in
the State Contracting Manual (SCM) when using CMAS
contracts. The requirements for the following bullets are
in the SCM, Volume 2, Chapter 6 (for non-IT) and the
SCM, Volume 3, Chapter 6 (for IT):
x Develop a Request for Offer, which includes a
Scope of Work (SOW), and Bidder Declaration
form. For information on the Bidder Declaration
requirements, see the SCM, Volume 2, Section
3.5.7 and Volume 3, Section 3.4.7.
x Search for potential CMAS contractors at
www.dgs.ca.gov/pd/Programs/Leveraged/CMAS.aspx,
select “Find a CMAS Contract”.
x Solicit offers from a minimum of 3 CMAS
contractors including one small business and/or
DVBE, if available, who are authorized to sell the
products and/or services needed
x If soliciting offers from a certified DVBE, include the
Disabled Veteran Business Enterprise Declarations
form (Std. 843) in the Request for Offer. This
declaration must be completed and returned by the
DVBE prime contractor and/or any DVBE
subcontractors. (See the SCM Volumes 2 and 3,
Chapter 3)
x This is not a bid transaction, so the small business
preference, DVBE participation goals, protest
language, intents to award, evaluation criteria,
advertising, etc., are not applicable.
x If less than 3 offers are received, State agencies
must document their file with the reasons why the
other suppliers solicited did not respond with an
offer.
x Assess the offers received using best value
methodology, with cost as one of the criteria.
x Issue a Purchase Order to the selected contractor.
x For CMAS transactions under $5,000 only one offer
is required if the State agency can establish and
document that the price is fair and reasonable.
Local governments set their own order limits, and are
not bound by the order limits on the cover page of this
contract.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE GARLAND COMPANY, INC.
CMAS NO. 4-01-56-0006A, SUPPLEMENT NO. 4
Ordering Instructions and Special Provisions 4
SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is
prohibited.
Do not circumvent normal procurement methods by
splitting purchases into a series of delegated purchase
orders (PCC § 10329).
Splitting a project into small projects to avoid either
fiscal or procedural controls is prohibited (SAM
4819.34).
MINIMUM ORDER LIMITATION
The minimum dollar value of an order to be issued
under this contract is $100.00
ORDERING PROCEDURES
1. Order Form
State agencies shall use a Contract/Delegation
Purchase Order (Std. 65) for purchases and
services.
Local governments shall, in lieu of the State's
Purchase Order (Std. 65), use their own purchase
order document.
Electronic copies of the State Standard Forms can
be found at the Office of State Publishing website.
The site provides information on the various forms
and use with the Adobe Acrobat Reader. Beyond
the Reader capabilities, Adobe Acrobat advanced
features may be utilized if you have Adobe
Business Tools or Adobe Acrobat 4.0 installed on
your computer. Direct link to the Standard Form
65:
http://www.dgs.ca.gov/dgs/ProgramsServices/Form
s/FMC/Search.aspx
2. Purchase Orders
State and Local Government agencies are required
to send a copy of each CMAS purchase order to:
Department of General Services
Procurement Division, Data Management Unit
PO Box 989052, MS #2-203
West Sacramento, CA 95798-9052
(or via Interagency Mail Service #Z-1)
The agency is required to complete and distribute
the order form. For services, the agency shall
modify the information contained on the order to
include the service period (start and end date), and
the monthly cost (or other intermittent cost), and
any other information pertinent to the services
being provided. The cost for each line item should
be included in the order, not just system totals.
The contractor must immediately reject orders that
are not accurate. Discrepancies are to be
negotiated and incorporated into the order prior to
the products and services being delivered.
3. Service and Delivery after Contract Expiration
The purchase order must be issued before the
CMAS contract end term expires. However,
delivery of the products or completion of the
services may be after the contract end term expires
(unless otherwise specifically stated in the
contract), but must be as provided for in the
contract and as specified in the purchase order.
4. Multiple Contracts on STD. 65 Order Form
Agencies may include multiple CMAS contracts
from the same contractor on a single Std. 65
Contract/Delegation Purchase Order. For
guidelines, see the SCM, Volumes 2 & 3, Chapter
6.B4.1.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE GARLAND COMPANY, INC.
CMAS NO. 4-01-56-0006A, SUPPLEMENT NO. 4
Ordering Instructions and Special Provisions 5
5. Amendments to Agency's Purchase Orders
Agency purchase orders cannot be amended if the
CMAS contract has expired.
The SCM, Volumes 2 & 3, Chapter 6.A5.0 provides
the following direction regarding amendments to all
types of CMAS purchase orders:
Original orders, which include options for
changes (e.g., quantity or time), that were
evaluated and considered in the selection for
award during the RFO process, may be
amended consistent with the terms of the original
order, provided that the original order allowed for
amendments. If the original order did not
evaluate options, then amendments are not
allowed unless an NCB is approved for those
amendments.
Amendments unique to non-IT services are covered
in the SCM, Volume 2, Chapter 6.B2.9 as follows:
If the original contract permitted amendments,
but did not specify the changes (e.g., quantity or
time), it may be amended. This only applies to
the first amendment. The time shall not exceed
one year, or add not more than 30% of the
original order value and may not exceed
$250,000. If the original contract did not have
language permitting amendments, the NCB
process must be followed.
Also, see the SCM, Volumes 2 & 3, Chapter 8,
Topic 6, for more information on amending
purchase orders.
CONTRACTOR OWNERSHIP INFORMATION
The Garland Company, Inc. is a large business
enterprise.
SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State
agencies shall whenever practicable first consider offers
from small businesses that have established CMAS
contracts [GC Section 14846(b)]. NOTE: The
Department of General Services auditors will request
substantiation of compliance with this requirement when
agency files are reviewed.
The following website lists CMAS Small Business and
Disabled Veteran Partners:
www.dgs.ca.gov/pd/Programs/Leveraged/CMAS.aspx
then select “Find a CMAS Contractor”.
In response to our commitment to increase participation
by small businesses, the Department of General
Services waives the administrative fee (a fee
currently charged to customer agencies to support
the CMAS program) for orders to certified small
business enterprises.
See the current fees in the DGS Price Book at:
http://www.dgs.ca.gov/ofs/Pricebook.aspx
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars
towards their small business or DVBE goals whenever
the Contractor subcontracts a commercially useful
function to a certified small business or DVBE. The
Contractor will provide the ordering agency with the
name of the small business or DVBE used and the
dollar amount the ordering agency can apply towards its
small business or DVBE goal.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE GARLAND COMPANY, INC.
CMAS NO. 4-01-56-0006A, SUPPLEMENT NO. 4
Ordering Instructions and Special Provisions 6
SMALL BUSINESS/DVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards
achieving its small business or DVBE goals is the
dollar amount of the subcontract award made by
the Contractor to each small business or DVBE.
2. The Contractor will provide an ordering agency with
the following information at the time the order is
quoted:
a. The Contractor will state that, as the prime
Contractor, it shall be responsible for the
overall execution of the fulfillment of the order.
b. The Contractor will indicate to the ordering
agency how the order meets the small
business or DVBE goal, as follows:
x List the name of each company that is
certified by the Office of Small Business
and DVBE Certification that it intends to
subcontract a commercially useful function
to; and
x Include the small business or DVBE
certification number of each company
listed, and attach a copy of each
certification; and
x Indicate the dollar amount of each
subcontract with a small business or DVBE
that may be claimed by the ordering agency
towards the small business or DVBE goal;
and
x Indicate what commercially useful function
the small business or DVBE subcontractor
will be providing towards fulfillment of the
order.
3. The ordering agency’s purchase order must be
addressed to the prime Contractor, and the
purchase order must reference the information
provided by the prime Contractor as outlined above.
SPECIAL MANUFACTURED GOODS
Any contract for goods to be manufactured by the
contractor specifically for the State and not suitable for
sale to others may require progress payments.
For Non-IT goods contracts, see the CMAS contract
Non-IT Commodities Terms & Conditions, Provision 69,
Progress Payments.
OPEN MARKET/INCIDENTAL, NON-SCHEDULE
ITEMS
The only time that open market/incidental, non-schedule
items may be included in a CMAS order is when they
fall under the parameters of the Not Specifically Priced
(NSP) Items provision. If the NSP provision is not
included in the schedule, or the products and/or
services required do not qualify under the parameters of
the NSP provision, the products and/or services must be
procured separate from CMAS.
STATE AND LOCAL GOVERNMENTS CAN USE
CMAS
State and local government agency use of CMAS
contracts is optional. A local government is any city,
county, city and county, district, or other local
governmental body or corporation, including UC, CSU,
K-12 schools and community colleges empowered to
expend public funds. While the State makes this
contract available, each local government agency
should make its own determination whether the CMAS
program is consistent with their procurement policies
and regulations.
UPDATES AND/OR CHANGES
A CMAS amendment is not required for updates and/or
changes once the update and/or change becomes
effective for the federal GSA schedule, except as
follows:
x A CMAS amendment is required when the contract
is based on products and/or services from another
contractor’s multiple award contract and the
contractor wants to add a new manufacturer’s
products and/or services.
x A CMAS amendment is required for new federal
contract terms and conditions that constitute a
material difference from existing contract terms and
conditions. A material change has a potentially
significant effect on the delivery, quantity or quality
of items provided, the amount paid to the contractor
or on the cost to the State.
x A CMAS amendment is required for changes to
contracts that require California Prison Industry
Authority (CALPIA) approval.
A CMAS amendment is required to update and/or
change terms and conditions and/or products and
services based on a non-federal GSA multiple award
contract.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE GARLAND COMPANY, INC.
CMAS NO. 4-01-56-0006A, SUPPLEMENT NO. 4
Ordering Instructions and Special Provisions 7
SELF-DELETING FEDERAL GSA TERMS AND
CONDITIONS
Instructions, or terms and conditions that appear in the
Special Items or other provisions of the federal GSA and
apply to the purchase, license, or rental (as applicable)
of products or services by the U.S. Government in the
United States, and/or to any overseas location shall be
self-deleting. (Example: "Examinations of Records"
provision).
Federal regulations and standards, such as Federal
Acquisition Regulation (FAR), Federal Information
Resources Management Regulation (FIRMR), Federal
Information Processing Standards (FIPS), General
+Services Administration Regulation (GSAR), or Federal
Installment Payment Agreement (FIPA) shall be self-
deleting. Federal blanket orders and small order
procedures are not applicable.
ORDER OF PRECEDENCE
The CMAS Terms and Conditions shall prevail if there is
a conflict between the terms and conditions of the
contractor's federal GSA, (or other multiple award
contract), packaging, invoices, catalogs, brochures,
technical data sheets or other documents (see CMAS
Terms and Conditions, CONFLICT OF TERMS).
APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are
applicable. THE USE OF CMAS DOES NOT REDUCE
OR RELIEVE STATE AGENCIES OF THEIR
RESPONSIBILITY TO MEET STATEWIDE
REQUIREMENTS REGARDING CONTRACTING OR
THE PROCUREMENT OF GOODS OR SERVICES.
Most procurement and contract codes, policies, and
guidelines are incorporated into CMAS contracts.
Nonetheless, there is no guarantee that every possible
requirement that pertains to all the different and unique
State processes has been included.
STATEWIDE PROCUREMENT REQUIREMENTS
Agencies must carefully review and adhere to all
statewide procurement requirements in the SCM,
Volumes 2 and 3, such as:
x Automated Accounting System requirements of
State Administrative Manual (SAM) Section 7260-
62
x Productive Use Requirements, per the SCM,
Volume 3, Chapter 2, Section 2.B6.2.
x SAM Sections 4819.41 and 4832 certifications for
information technology procurements and
compliance with policies.
x Services may not be paid for in advance.
x Agencies are required to file with the Department of
Fair Employment and Housing (DFEH) a Contract
Award Report Std. 16 for each order over $5,000
within 10 days of award, including supplements that
exceed $5,000.
x Pursuant to Public Contract Code Section 10359
State agencies are to report all Consulting Services
Contract activity for the preceding fiscal year to
DGS and the six legislative committees and
individuals that are listed on the annual
memorandum from DGS.
x Pursuant to Unemployment Insurance Code
Section 1088.8, State and local government
agencies must report to the Employment
Development Department (EDD) all payments for
services that equal $600 or more to independent
sole proprietor contractors. See the Contractor's
Std. 204, Payee Data Record, to determine sole
proprietorship. For inquiries regarding this subject,
contact EDD at (916) 651-6945 for technical
questions or (888) 745-3886 for information and
forms.
x Annual small business and disabled veteran
reports.
x Post evaluation reports. Public Contract Code
10369 requires State agencies to prepare post
evaluations on form Std. 4 for all completed non-IT
consulting services contracts of more than $5,000.
Copies of negative evaluations for non-IT
consulting services only must be sent to the DGS,
Office of Legal Services. The Bureau of State
Audits requires State agencies annually to certify
compliance with these requirements.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE GARLAND COMPANY, INC.
CMAS NO. 4-01-56-0006A, SUPPLEMENT NO. 4
Ordering Instructions and Special Provisions 8
ETHNICITY/RACE/GENDER REPORTING
REQUIREMENT
Effective January 1, 2007, in accordance with Public
Contract Code 10111, State agencies are to capture
information on ethnicity, race, and gender of business
owners (not subcontractors) for all awarded contracts,
including CAL-Card transactions. Each department is
required to independently report this information to the
Governor and the Legislature on an annual basis.
Agencies are responsible for developing their own
guidelines and forms for collecting and reporting this
information,
Contractor participation is voluntary.
PAYMENTS AND INVOICES
1. Payment Terms
Payment terms for this contract are 1.5%-10 days;
net 45 days.
Payment will be made in accordance with the
provisions of the California Prompt Payment Act,
Government Code Section 927 et. seq. Unless
expressly exempted by statute, the Act requires
State agencies to pay properly submitted,
undisputed invoices not more than 45 days after (i)
the date of acceptance of goods or performance of
services; or (ii) receipt of an undisputed invoice,
whichever is later.
2. Payee Data Record (Std. 204)
Each State accounting office must have a copy of
the Contractor’s Payee Data Record (Std. 204) in
order to process payment of invoices. Contractors
are required to provide a copy of their Std. 204
upon request from an agency customer. Agencies
should forward a copy of the Std. 204 to their
accounting office. Without the Std. 204, payment
may be unnecessarily delayed.
3. DGS Administrative and Incentive Fees
Orders from State Agencies:
The Department of General Services (DGS) will bill
each State agency directly an administrative fee for
use of CMAS contracts. The administrative fee
should NOT be included in the order total, nor
remitted before an invoice is received from DGS.
This administrative fee is waived for CMAS
purchase orders issued to California certified small
businesses.
See the current administrative fees in the DGS
Price Book at:
http://www.dgs.ca.gov/ofs/Pricebook.aspx.
Orders from Local Government Agencies:
Effective for CMAS orders dated 1/1/2010 or later,
CMAS contractors, who are not California certified
small businesses, are required to remit to the DGS
an incentive fee equal to 1% of the total of all local
government agency orders (excluding sales tax and
freight) placed against their CMAS contract(s). This
incentive fee is in lieu of local government agencies
being billed the above referenced DGS
administrative fee.
This incentive fee is waived for CMAS purchase
orders issued to California certified small
businesses.
The check covering this fee shall be made payable
to the Department of General Services, CMAS Unit,
and mailed to the CMAS Unit along with the
applicable Quarterly Report. See the provision in
this contract entitled “Contractor Quarterly Report
Process” for information on when and where to
send these checks and reports.
4. Contractor Invoices
Unless otherwise stipulated, the contractor must
send their invoices to the agency address set forth
in the purchase order. Invoices shall be submitted
in triplicate and shall include the following:
x Contract number
x Agency purchase order number
x Agency Bill Code
x Line item number
x Unit price
x Extended line item price
x Invoice total
State sales tax and/or use tax shall be itemized
separately and added to each invoice as applicable.
The company name on the CMAS contract,
purchase order and invoice must match or the State
Controller’s Office will not approve payment.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE GARLAND COMPANY, INC.
CMAS NO. 4-01-56-0006A, SUPPLEMENT NO. 4
Ordering Instructions and Special Provisions 9
5. Advance Payments
Advance payment is allowed for services only
under limited, narrowly defined circumstances, e.g.,
between specific departments and certain types of
non-profit organizations, or when paying another
government agency (GC 11256 – 11263 and
11019).
It is NOT acceptable to pay in advance, except
software maintenance and license fees, which are
considered a subscription, may be paid in advance
if a provision addressing payment in advance is
included in the purchase order.
Warranty upgrades and extensions may also be
paid for in advance, one time.
6. Credit Card
The Garland Company, Inc. accepts the State of
California credit card (CAL-Card).
A Purchasing Authority Purchase Order (Std. 65) is
required even when the ordering department
chooses to pay the contractor via the CAL-Card.
Also, the DGS administrative fee is applicable for all
CMAS orders to suppliers not California certified as
a small business.
7. Lease/Purchase Analysis
State agencies must complete a Lease/Purchase
Analysis (LPA) to determine best value when
contemplating a lease/rental, and retain a copy for
future audit purposes (SAM 3700). Approval by the
Department of General Services is not required.
8. Leasing
Except for Federal Lease to Own Purchase (LTOP)
and hardware rental provisions with no residual
value owed at end term ($1 residual value is
acceptable), Federal GSA Lease provisions are
NOT available through CMAS because the rates
and contract terms and conditions are not
acceptable or applicable to the State.
SEAT Management financing options are NOT
available through this contract.
As an alternative, agencies may consider financing
through the State’s financial marketplace GS
$Mart™. All terms and conditions and lenders are
pre-approved for easy financing. The GS $Mart™
Internet address is
www.dgs.ca.gov/pd/programs/statefinancialmarketplace.a
spx. Buyers may contact the GS $Mart™
Administrator, Patrick Mullen by phone at (916)
375-4617 or via e-mail at
patrick.mullen@dgs.ca.gov for further information.
9. Maintenance Tax
The Board of Equalization has ruled that in
accordance with Section 1655 of the Sales and Use
Tax Regulations of the Business Taxes Law Guide,
that whenever optional maintenance contracts
include consumable supplies, such supplies are
subject to sales tax.
Generally, the State has two options:
1. For contracts that provide for maintenance
services (i.e., the furnishing of labor and parts
necessary to maintain equipment), the
charges for the provision of maintenance
services are not taxable.
2. For contracts that provide for maintenance
services and consumable supply items (e.g.,
toner, developer, and staples), the provision
of the consumable supplies is considered a
taxable sale of tangible personal property.
Therefore, State agencies awarding optional
maintenance contracts are responsible for
paying the applicable sales tax on the
consumable supplies utilized during the
performance period of the maintenance
contract.
The contractor will be required to itemize the
taxed consumables for State accounting
purposes.
CONTRACTOR QUARTERLY REPORT PROCESS
Contractors are required to submit a detailed CMAS
Business Activity Report on a quarterly basis to the
CMAS Unit. See Attachment B for a copy of this form
and instructions.
This report shall be mailed to:
Department of General Services
Procurement Division – CMAS Unit
Attention: Quarterly Report Processing
PO Box 989052, MS #2-202
West Sacramento, CA 95798-9052
Reports that include checks for incentive fees or that
exceed a total of 5 pages must be mailed and shall not
be faxed or e-mailed. All other reports may be faxed or
e-mailed to the attention of Quarterly Report Processing
as follows:
CMAS Unit Fax Number: (916) 375-4663
CMAS Unit E-Mail: cmas@dgs.ca.gov
For the full instructions on completing and submitting
CMAS Quarterly Business Activity Reports, and a soft
copy of a blank quarterly report form, go to
www.dgs.ca.gov/pd/Programs/Leveraged/CMAS.aspx,
and then select “For Suppliers/Contractors”.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE GARLAND COMPANY, INC.
CMAS NO. 4-01-56-0006A, SUPPLEMENT NO. 4
Ordering Instructions and Special Provisions 10
Important things to remember regarding CMAS
Quarterly Business Activity Reports (referred to as
“reports” below):
x A report is required for each CMAS contract each
quarter, even when no new purchase orders are
received in the quarter.
x A separate report is required for each CMAS
contract.
x Each purchase order must be reported only once in
the quarter identified by the purchase order date,
regardless of when the services were performed,
the products were delivered, the invoice was sent,
or the payment was received. x Purchase orders from State and local government
agencies must be separated on the report, as
shown in the instructions.
x Contractors must report the sales activity for all
resellers listed on their CMAS contract.
x Any report that does not follow the required format
or excludes required information will be deemed
incomplete and returned to the contractor for
corrections.
x Taxes and freight must not be included in the
report.
x For CMAS orders dated 1/1/2010 or later,
contractors are no longer required to attach copies
of purchase orders to their reports. This changed
requirement will begin on Q1-2010 reports, which
are due 4/15/2010.
x For CMAS orders dated 1/1/2010 or later,
contractors who are not California certified small
businesses must attach to their quarterly report a
check covering the required incentive fee for all
CMAS sales to local government agencies (see
more information below). This new requirement will
start on Q1-2010 reports, which are due 4/15/2010.
x New contracts, contract renewals or extensions,
and contract modifications will be approved only if
the contractor has submitted all required quarterly
reports and incentive fees.
CMAS Quarterly Business Activity Reports are due in
the CMAS Unit within two weeks after the end of each
quarter as shown below:
Quarter 1 Jan 1 to Mar 31 Due Apr 15
Quarter 2 Apr 1 to Jun 30 Due Jul 15
Quarter 3 Jul 1 to Sep 30 Due Oct 15
Quarter 4 Oct 1 to Dec 31 Due Jan 15
CONTRACTOR QUARTERLY INCENTIVE FEES
CMAS contractors who are not California certified small
businesses must remit to the DGS an incentive fee
equal to 1% of the total of all local government agency
orders (excluding sales tax and freight) placed against
their CMAS contract(s). This incentive fee is in lieu of
local government agencies being billed the above
referenced DGS administrative fee.
CMAS contractors cannot charge local government
agencies an additional 1% charge on a separate line
item to cover the incentive fee. The contractor must
include the 1% incentive fee in the price of the products
or services offered, and the line item prices must not
exceed the applicable GSA prices.
A local government agency is any city, county, district,
or other local governmental body, including the
California State University (CSU) and University of
California (UC) systems, K-12 public schools and
community colleges empowered to expend public funds.
This incentive fee is waived for CMAS purchase orders
issued to California certified small businesses.
The check covering this fee shall be made payable to
the Department of General Services, CMAS Unit, and
mailed to the CMAS Unit along with the applicable
Quarterly Report. See the provision in this contract
entitled “Contractor Quarterly Report Process” for
information on when and where to send these checks
and reports.
CONTRACTOR PROVIDES COPY OF THE
CONTRACT AND SUPPLEMENTS
CMAS contractors are required to provide the entire
contract that consists of the following:
x Cover pages with DGS logo and CMAS analyst’s
signature, and Ordering Instructions and Special
Provisions.
x California CMAS Terms and Conditions.
x Federal GSA Terms and Conditions (unless
otherwise stipulated in the CMAS contract).
x Federal GSA products, services, and price list
(unless otherwise stipulated in the CMAS contract). x Supplements, if applicable.
It is important for the agency to confirm that the required
products, services, and prices are included in the
contract and are at or below contract rates. To
streamline substantiation that the needed items are in
the contract, the agencies should ask the contractor to
identify the specific pages from the contract that include
the required products, services, and prices. Agencies
should save these pages for their file documentation.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE GARLAND COMPANY, INC.
CMAS NO. 4-01-56-0006A, SUPPLEMENT NO. 4
Ordering Instructions and Special Provisions 11
CONTRACTORS ACTING AS FISCAL AGENTS ARE
PROHIBITED
When a subcontractor ultimately provides all of the
products or performs all of the services that a contractor
has agreed to provide, and the prime contractor only
handles the invoicing of expenditures, then the prime
contractor's role becomes that of a fiscal agent because
it is merely administrative in nature, and does not
provide a Commercially Useful Function (CUF). It is
unacceptable to use fiscal agents in this manner
because the agency is paying unnecessary
administrative costs.
AGENCY RESPONSIBILITY
Agencies must contact contractors to obtain copies of
the contracts and compare them for a best value
purchasing decision.
Each agency is responsible for its own contracting
program and purchasing decisions, including use of the
CMAS program and associated outcomes.
This responsibility includes, but is not necessarily limited
to, ensuring the necessity of the services, securing
appropriate funding, complying with laws and policies,
preparing the purchase order in a manner that
safeguards the State’s interests, obtaining required
approvals, and documenting compliance with
Government Code 19130.b (3) for outsourcing services.
It is the responsibility of each agency to consult as
applicable with their legal staff and contracting offices
for advice depending upon the scope or complexity of
the purchase order.
If you do not have legal services available to you within
your agency, the DGS Office of Legal Services is
available to provide services on a contractual basis.
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to
determine if there are any potential conflict of interest
issues. See the attached CMAS Terms and Conditions,
Conflict of Interest, for more information.
FEDERAL DEBARMENT
When federal funds are being expended, the agency is
required to obtain (retain in file) a signed “Federal
Debarment” certification from the contractor before the
purchase order is issued.
This certification is required by the regulations
implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510,
Participants; responsibilities. The regulations were
published as Part VII of the May 26, 1988 Federal
Register (pages 19160-19211).
LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a
penalty, must be mutually agreed upon by agency and
contractor and included in the purchase order to be
applicable.
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all
newly installed technology systems, and individual
equipment, and machines which are added or field
modified (modification of a machine from one model to
another) after a successful performance period, the test
criteria must be included in the purchase order to be
applicable.
AMERICANS WITH DISABILITY ACT (ADA)
Section 504 of the Rehabilitation Act of 1973 as
amended; Title VI and VII of the Civil Rights Act of 1964
as amended; Americans with Disabilities Act, 42 USC
12101; California Code of Regulations, Title 2, Title 22;
California Government Code, Sections 11135, et seq.;
and other federal and State laws, and Executive Orders
prohibit discrimination. All programs, activities,
employment opportunities, and services must be made
available to all persons, including persons with
disabilities. See Attachment A for Procurement
Division’s ADA Compliance Policy of Nondiscrimination
on the Basis of Disability.
Individual government agencies are responsible for self-
compliance with ADA regulations.
Contractor sponsored events must provide reasonable
accommodations for persons with disabilities.
DGS PROCUREMENT DIVISION CONTACT AND
PHONE NUMBER
Department of General Services
Procurement Division, CMAS Unit
707 Third Street, 2nd Floor, MS 202
West Sacramento, CA 95605-2811
Phone # (916) 375-4363
Fax # (916) 375-4663
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE GARLAND COMPANY, INC.
CMAS NO. 4-01-56-0006A, SUPPLEMENT NO. 4
Ordering Instructions and Special Provisions 12
ATTACHMENT A
ADA NOTICE
Procurement Division (State Department of General Services)
AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE
POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY
To meet and carry out compliance with the nondiscrimination requirements of
the Americans With Disabilities Act (ADA), it is the policy of the Procurement
Division (within the State Department of General Services) to make every
effort to ensure that its programs, activities, and services are available to all
persons, including persons with disabilities.
For persons with a disability needing a reasonable accommodation to
participate in the Procurement process, or for persons having questions
regarding reasonable accommodations for the Procurement process, please
contact the Procurement Division at (916) 375-4400 (main office); the
Procurement Division TTY/TDD (telephone device for the deaf) or California
Relay Service numbers which are listed below. You may also contact directly
the Procurement Division contact person who is handling this procurement.
IMPORTANT: TO ENSURE THAT WE CAN MEET YOUR NEED, IT IS
BEST THAT WE RECEIVE YOUR REQUEST AT LEAST 10 WORKING
DAYS BEFORE THE SCHEDULED EVENT (i.e., MEETING,
CONFERENCE, WORKSHOP, etc.) OR DEADLINE DUE-DATE FOR
PROCUREMENT DOCUMENTS.
The Procurement Division TTY telephone numbers are:
Sacramento Office: (916) 376-1891
Fullerton Office: (714) 773-2093
The California Relay Service Telephone Numbers are:
Voice 1-800-735-2922 or 1-888-877-5379
TTY: 1-800-735-2929 or 1-888-877-5378
Speech-to-Speech: 1-800-854-7784
ATTACHMENT B
CMAS QUARTERLY BUSINESS ACTIVITY REPORT
Updated 1/1/2010 13
Contractor Name:
Contract Number:
For Questions Regarding This Report Contact:
Name:
Phone Number:
E-mail:
Reporting Calendar Year: Revision
Reporting Quarter: Q1 (Jan-Mar)
Q2 (Apr-Jun)
Q3 (Jul-Sep)
Q4 (Oct-Dec)
Check Here if No New Orders for This Quarter
STATE AGENCY PURCHASES
State Agency Name Purchase Order
Number
Purchase Order
Date
Agency Billing
Code
Total Dollars Per
Purchase Order Agency Contact Agency Address Phone Number
Total State Agency Dollars Reported for Quarter: $
LOCAL GOVERNMENT AGENCY PURCHASES
Local Government Agency Name Purchase Order
Number
Purchase Order
Date
Total Dollars Per
Purchase Order Agency Contact Agency Address Phone Number
Total Local Government Agency Dollars for Quarter: $ 1% Remitted to DGS (does not apply to CA certified S/Bs): $
Total of State and Local Government Agency Dollars Reported for this Quarter: $
ATTACHMENT B
CMAS QUARTERLY BUSINESS ACTIVITY REPORT
Updated 1/1/2010 14
Instructions for completing the CMAS Quarterly Business Activity Report
1. Complete the top of the form with the appropriate information for your company.
2. Agency Name - Identify the State agency or Local Government agency that issued the order.
3. Purchase Order Number - Identify the purchase order number (and amendment number if
applicable) on the order form. This is not your invoice number. This is the number the State agency
or Local Government agency assigns to the order.
4. Purchase Order Date - Identify the date the purchase order was issued, as shown on the order.
This is not the date you received, accepted, or invoiced the order.
5. Agency Billing Code - Identify the State agency billing code. This is a five-digit number identified on
the upper right hand corner of the Std. 65 purchase order form. You must identify this number on all
purchases made by State of California agencies. Billing codes are not applicable to Local
Government agencies.
6. Total Dollars Per PO - Identify the total dollars of the order excluding tax and freight. Tax must NOT
be included in the quarterly report, even if the agency includes tax on the purchase order. The total
dollars per order should indicate the entire purchase order amount (less tax and freight) regardless of
when you invoice order, perform services, deliver product, or receive payment.
7. Agency Contact - Identify the ordering agency’s contact person on the purchase order.
8. Agency Address - Identify the ordering agency’s address on the purchase order.
9. Phone Number - Identify the phone number for the ordering agency’s contact person.
10. Total State Sales & Total Local Sales - Separately identify the total State dollars and/or Local
Government agency dollars (pre-tax) for all orders placed in quarter.
11. 1% Remitted to DGS - Identify 1% of the total Local Government agency dollars reported for the
quarter. This is the amount to be remitted to DGS by contractors who are not California certified
small businesses.
12. Grand Total - Identify the total of all State and Local Government agency dollars reported for the
quarter.
Notes:
x A report is required for each CMAS contract, each quarter, even when there are no new orders for the
quarter.
x Quarterly reports are due two weeks after the end of the quarter.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
THE GARLAND COMPANY, INC.
CMAS NO. 4-01-56-0006A, SUPPLEMENT NO. 4
Ordering Instructions and Special Provisions 15
THE GARLAND COMPANY, INC.
HIGH PERFORMANCE ROOFING AND FLOORING SYSTEMS
3800 EAST 91ST. STREET • CLEVELAND, OHIO 44105-2197
PHONE: (216) 641-7500 • FAX: (216) 641-0633
NATIONWIDE: 1-800-321-9336
From: Sean Magee
Date: March 2018
Re: City of Arcadia CMAS material PO request
CMAS Material Order
Purchase Order #
Ship to: 710 South Santa Anita Ave, Arcadia CA 91006
The following material is in accordance with the terms and conditions of CMAS contract #4-01-56-0006A,
Supplement #4 and GSA Schedule #GS-07F-0130K.
Product CMAS Contract
Line Number
Unit
Amount
CMAS Price Total Extended
White Star Polyurea Ln. 340 100 $599.94 $59,994.00
StressPly IV Plus Mineral Ln. 27 10 $295.02 $2950.20
HPR Torch Base Sheet Ln. 7 5 $214.83 $1,074.15
KEE Lock Mastic Ln. 272 10 $290.07 $2,900.70
Garla Prime VOC Ln. 309 2 $107.91 $215.82
Total Material $67,134.87
Tax $6377.81
Freight Est. $976.20
Grand Total $74,488.88
Please issue PO with reference to Garland CMAS Contract number 4-01-56-0006A. Should you have any additional
questions please contact me or Garland Customer Service at 800 762 8225.
Sincerely,
Colonel Sean Magee
Sean Magee
Mobile: 310 420 0713
Fax 562 597 6468
smagee@garlandind.com