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HomeMy WebLinkAboutItem 12j - Purchase of Roofing Materials for Restroation of Library RoofPurchase Order with The Garland Company for Library Roofing Materials May 7, 2019 Page 1 of 3 DATE: May 7, 2019 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 LIBRARY ROOF RESTORATION PROJECT IN THE AMOUNT OF $240,840.56 Recommendation: Approve SUMMARY The Fiscal Year 2018-19 Capital Improvement Plan provides for roof restoration and repairs at the Arcadia Library. 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 $240,840.56. DISCUSSION The Fiscal Year 2018-19 Capital Improvement Plan provides for roofing repairs and a full roof restoration at the Arcadia Library. The current roof system was installed during the building reconstruction in 1996 and is failing in numerous areas. The existing top layer roof cap sheet is deteriorating and has begun to bubble and develop “mole runs”, which result in cracking, seam separation, and leaks. Additionally, the base flashings and cap sheets are starting to pull away from the parapet walls creating open gaps for water to infiltrate the building. During the recent rains, extensive leaking occurred that could have potentially ruined books and computer equipment. 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 Library roof will enable the roof membrane to stay intact without the expense of completely replacing the roof and underlying insulation. The restoration project will include repairs to all imperfections in Purchase Order with The Garland Company for Library Roofing Materials May 7, 2019 Page 2 of 3 the roof system such as blisters, mole runs, splits, and tears with a three -course application of mesh 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 conducted a competitive bid process for the construction labor services portion of Library roof restoration roof project. A contract for construction services in the amount of $401,400 is being presented to the City Council for approval as a separate agenda item. 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 Library Roof Restoration Project at the best possible rates. 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 This project is considered a Class 1 exemption as defined in Section 15301(c) of the California Environmental Quality Act since the project consists of the maintenance of an existing roof and does not involve expansion of the existing use. FISCAL IMPACT The total purchase price of the roofing materials is $240,840.56. Funds in the amount of $685,000 for both labor and materials have been bud geted in the Fiscal Year 2018- 19 Capital Improvement Plan for the Library Roof Restoration Project. The cost for roof restoration and repair construction services is $401,400, for a total project cost of $642,240.56. Purchase Order with The Garland Company for Library Roofing Materials May 7, 2019 Page 3 of 3 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 Library Roof Restoration Project in the amount of $240,840.56. 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. W hile 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: April 2019 Re: City of Arcadia CMAS material PO request Arcadia Library CMAS Material Order Purchase Order # Ship to: 11800 Goldring Road, 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. 340 235 $636.57 $149,593.95 Energizer LO Ln. 321 188 $360.36 $67,747.68 Total Material $217,341.36 Tax $20,647.43 Freight Est. $2,851.77 Grand Total $240,840.56 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. R/S, Sean Magee Colonel USMC (Ret) Territory Manager Sean Magee Mobile: 310 420 0713 Fax 562 597 6468 smagee@garlandind.com