HomeMy WebLinkAboutItem 09d - Fire Station 105 Boiler Replacement Project
STAFF REPORT
PUBLIC WORKS SERVICES DEPARTMENT
DATE: March 3, 2026
TO: Honorable Mayor and City Council
FROM: Paul Cranmer, Public Works Services Director
By: Carlos Aguilar, General Services Superintendent
SUBJECT: CONTRACT WITH KYA SERVICES, LLC FOR THE FIRE STATION 105 BOILER
REPLACEMENT PROJECT IN THE AMOUNT OF $56,920.25
CEQA: Exempt
Recommendation: Approve
SUMMARY
The Fiscal Year 2024-25 Capital Improvement Program provides for the replacement
of the Fire Station 105 boiler, which has reached the end of its useful life and requires
replacement. After exploring possible purchasing options, it was determined that
using the California Multiple Award Schedules (“CMAS”), a cooperative purchasing
program, enables the City to streamline the process of procuring and installing a new
boiler at Fire Station 105 while receiving the best price possible.
It is recommended that the City Council approve, authorize, and direct the City
Manager to execute a contract with KYA Services, LLC for the Fire Station 105 Boiler
Replacement Project in the amount of $56,920.25, with a 10% contingency.
BACKGROUND
The boiler at Fire Station 105 provides heat to the facility and operates continuously
under heavy demand. At nearly 20 years old, the boiler has reached the end of its
useful life. In recent years, the unit has experienced frequent failures and repairs,
including economizer failures, actuator adjustments, repeated reprogramming and
calibration of the control board, and repairs to multiple internal leaks. These ongoing
problems have resulted in significant downtime, leading to unreliable heating at Fire
Award Fire Station 105 Boiler Replacement Project
March 3, 2026
Page 2 of 3
Station 105, and requiring frequent service calls that have increased operational
costs.
A new energy-efficient boiler will be installed to provide Fire Station 105 with reliable
and consistent heating. In addition to improving performance, the upgraded system
will lower operating costs by using less fuel to produce the same level of heat and by
reducing maintenance needs, repair calls, and unexpected breakdowns.
DISCUSSION
The project scope includes removing and disposing of the existing boiler, installing a
new energy-efficient unit, and integrating it with the existing control software. The
contractor will also verify the control’s sequence of operation to ensure the new
boiler safely starts, operates, and shuts down, and will provide training to the Public
Works Services staff on the new equipment. The replacement of the boiler is
expected to be completed within two weeks. During this time, air conditioning will
remain fully operational.
Utilizing CMAS, a cooperative purchasing program, enables the City to streamline the
procurement process for these services at a lower cost than the traditional
competitive bidding process. The California Government Code authorizes public
agencies to participate in cooperative purchasing agreements, such as those
established by CMAS, while remaining within the City’s adopted rules and procedures
for purchasing. CMAS awarded a contract to KYA Services, LLC for a series of
specialized HVAC related services, including those needed for the Fire Station 105
Boiler Replacement Project. A copy of the agreement between CMAS and KYA
Services, LLC is attached. The bidding process and the contract have been reviewed
by the Public Works Services Department and meet the City’s procurement
requirements. The City has previously contracted with KYA Services, LLC and has
been satisfied with their services.
ENVIRONMENTAL ANALYSIS
This Project is considered a Class 1 exemption as defined in Section 15301(a) “Existing
Facilities” projects of the California Environmental Quality Act (“CEQA”), which
exempts projects consisting of the minor alteration of existing public structures.
Award Fire Station 105 Boiler Replacement Project
March 3, 2026
Page 3 of 3
FISCAL IMPACT
The Fiscal Year 2024-25 Capital Improvement Program Budget includes $100,000 for
the Fire Station 105 Boiler Replacement Project. The total cost of the Project is
$56,920.25, and with a 10% contingency, the total project cost would be $62,612.28,
which is within the adopted budget.
RECOMMENDATION
It is recommended that the City Council determine that this project is exempt under
the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct
the City Manager to execute a contract with KYA Services, LLC for the Fire Station 105
Boiler Replacement Project in the amount of $56,920.25, with a 10% contingency.
Attachments: Proposed Short Form Contract
CMAS Contract
Updated: Feb. 2020 1
CITY OF ARCADIA
CONSTRUCTION CONTRACT
FIRE STAION 105 BOILER REPLACEMENT
1. PARTIES AND DATE.
This Contract is made and entered into this ___________ day of ______________________, 2026
by and between the City of Arcadia, a public agency of the State of California (“City”) and KYA
Services, LLC, a California Limited Liability Company, with its principal place of business at 1800 E.
McFadden Avenue, Santa Ana, CA 92705 (“Contractor”). City and Contractor are sometimes
individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California, with
power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the
provision of certain construction services required by the City on the terms and conditions set forth
in this Contract. Contractor represents that it is duly licensed and experienced in providing HVAC
and Boiler related construction services to public clients, that it and its employees or
subcontractors have all necessary licenses and permits to perform the services in the State of
California, and that it is familiar with the plans of City. The following license classifications are
required for this Project: C-10 and C -20.
2.3 Project. City desires to engage Contractor to render such services for the Fire
Station 105 Boiler Replacement Project (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as
required by the Contract.
3. TERMS
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full
by reference the following documents, including all exhibits, drawings, specifications and
documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)
• Public Works Contractor Registration Certification (Exhibit “E”)
• Payment and Performance Bonds (Exhibit “F”)
• Federal Requirements (Exhibit “G”)
• Addenda
• Change Orders executed by the City
Updated: Feb. 2020 2
• Current Edition of the Standard Specifications for Public Works Construction
(The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid
3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at
its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and
incidental and customary work necessary to fully and adequately complete the Project, including all
structures and facilities necessary for the Project or described in the Contract (hereinafter
sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this
Contract. All Work shall be subject to, and performed in accordance with the above referenced
documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans
and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated
herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C”
attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of
performance, nature of materials or price thereof, or any other matter materially affecting the
performance or nature of the Work shall not be paid for or accepted unless such change, addition or
deletion is approved in writing by a valid change order executed by the City. Should Contractor
request a change order due to unforeseen circumstances affecting the performance of the Work,
such request shall be made within five (5) business days of the date such circumstances are
discovered or shall waive its right to request a change order due to such circumstances. If the Parties
cannot agree on any change in price required by such change in the Work, the City may direct the
Contractor to proceed with the performance of the change on a time and materials basis.
3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section
3400(b), the City may make a finding that designates certain products, things, or services by specific
brand or trade name. Unless specifically designated in this Contract, whenever any material,
process, or article is indicated or specified by grade, patent, or proprietary name or by name of
manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the
description of the material, process or article desired and shall be deemed to be followed by the
words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material,
process or article which shall be substantially equal or better in every respect to that so indicated or
specified in this Contract. However, the City may have adopted certain uniform standards for certain
materials, processes and articles. Contractor shall submit requests, together with substantiating
data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days
after award of the Contract. To facilitate the construction schedule and sequencing, some requests
may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding
submission of “or equal” requests shall not in any way authorize an extension of time for
performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor
shall be responsible for providing the specified material, process or article. The burden of proof as
to the equality of any material, process or article shall rest with Contractor.
Updated: Feb. 2020 3
The City has the complete and sole discretion to determine if a material, process or
article is an “or equal” material, process or article that may be substituted. Data required to
substantiate requests for substitutions of an “or equal” material, process or article data shall
include a signed affidavit from Contractor stating that, and describing how, the substituted “or
equal” material, process or article is equivalent to that specified in every way except as listed on the
affidavit. Substantiating data shall include any and all illustrations, specifications, and other
relevant data including catalog information which describes the requested substituted “or equal”
material, process or article, and substantiates that it is an “or equal” to the material, process or
article. The substantiating data must also include information regarding the durability and lifecycle
cost of the requested substituted “or equal” material, process or article. Failure to submit all the
required substantiating data, including the signed affidavit, to the City in a timely fashion will result
in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution
requests. Contractor shall be responsible for all costs related to a substituted “or equal” material,
process or article. Contractor is directed to the Special Conditions (if any) to review any findings
made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages. Contractor shall perform and
complete all Work under this Contract within Fifteen CALENDAR days, beginning the effective date
of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance
with any completion schedule, construction schedule or project milestones developed by the City.
Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may
be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed
within the aforementioned Contract Time and/or pursuant to any such completion schedule,
construction schedule or project milestones developed pursuant to provisions of the Contract, it is
understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government
Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of
Nine Hundred Dollars and No Cents ($900.00) per day for each and every calendar day of delay
beyond the Contract Time or beyond any completion schedule, construction schedule or Project
milestones established pursuant to the Contract.
3.4 Standard of Performance; Performance of Employees. Contractor shall perform all
Work under this Contract in a skillful and workmanlike manner, and consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling necessary
to perform the Work. Contractor warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents
that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of
whatever nature that are legally required to perform the Work, including any required business
license, and that such licenses and approvals shall be maintained throughout the term of this
Contract. As provided for in the indemnification provisions of this Contract, Contractor shall
perform, at its own cost and expense and without reimbursement from the City, any work necessary
to correct errors or omissions which are caused by Contractor’s failure to comply with the standard
of care provided for herein. Any employee who is determined by the City to be uncooperative,
incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to
perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by
Contractor and shall not be re-employed on the Work.
Updated: Feb. 2020 4
3.5 Control and Payment of Subordinates; Contractual Relationship. City retains
Contractor on an independent contractor basis and Contractor is not an employee of City. Any
additional personnel performing the work governed by this Contract on behalf of Contractor shall at
all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance under this
Contract and as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, and workers’ compensation insurance.
3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as
an independent contractor to furnish all materials and to perform all Work according to the terms
and conditions herein contained for the sum set forth above. Except as otherwise provided in the
Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by
Contractor of the services and obligations required by this Contract, the below-referenced
compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work
required herein, City agrees to pay Contractor the Total Contract Price of FIFTY-SIX THOUSAND,
NINE HUNDRED TWENTY DOLLARS AND TWENTY-FIVE CENTS ($56,920.25) (“Total Contract
Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms
of this Contract or written change orders approved and signed in advance by the City.
3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty
(30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion
and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30)
calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the
fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment
in the format supplied by the City indicating the amount of Work completed since commencement
of the Work or since the last progress payment. These applications shall be supported by evidence
which is required by this Contract and such other documentation as the City may require. The
Contractor shall certify that the Work for which payment is requested has been done and that the
materials listed are stored where indicated. Contractor may be required to furnish a detailed
schedule of values upon request of the City and in such detail and form as the City shall request,
showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to
provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests in
accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code.
However, no progress payments will be made for Work not completed in accordance with this
Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the
proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent
(5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All
Contract retention shall be released and paid to Contractor and subcontractors pursuant to
California Public Contract Code Section 7107.
Updated: Feb. 2020 5
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct
from each progress payment an amount necessary to protect City from loss because of: (1)
liquidated damages which have accrued as of the date of the application for payment; (2) any sums
expended by the City in performing any of Contractor’s obligations under the Contract which
Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied;
(4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for
the unpaid balance of the Total Contract Price or within the scheduled completion date; (6)
unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the
Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient
documentation as required by the Contract or by City during the prosecution of the Work; (9)
erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums
representing expenses, losses, or damages as determined by the City, incurred by the City for which
Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover
from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of
the California Labor Code. The failure by the City to deduct any of these sums from a progress
payment shall not constitute a waiver of the City’s right to such sums.
3.7.6 Substitutions for Contract Retentions. In accordance with California Public
Contract Code Section 22300, the City will permit the substitution of securities for any monies
withheld by the City to ensure performance under the Contract. At the request and expense of
Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a
state or federally chartered bank in California as the escrow agent, and thereafter the City shall then
pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract,
the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the
Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the
City has issued written final acceptance of the Work and filed a Notice of Completion as required by
law and provisions of this Contract. Contractor shall be the beneficial owner of any securities
substituted for monies withheld and shall receive any interest thereon. The escrow agreement used
for the purposes of this Section shall be in the form provided by the City.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to
Work for which such payments are made shall pass to the City at the time of payment. To the extent
that title has not previously been vested in the City by reason of payments, full title shall pass to the
City at delivery of the Work at the destination and time specified in this Contract. Such transferred
title shall in each case be good, free and clear from any and all security interests, liens, or other
encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise
encumber the items in any manner that would result in any lien, security interest, charge, or claim
upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve
Contractor from the responsibility to strictly comply with the Contract, and shall not relieve
Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and
material releases from all subcontractors performing work on, or furnishing materials for, the Work
governed by this Contract prior to final payment by City.
3.7.9 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title
8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage
rates and the performance of other requirements on “public works” and “maintenance” projects.
Updated: Feb. 2020 6
Since the Services are being performed as part of an applicable “public works” or “maintenance”
project, as defined by the Prevailing Wage Laws, and if the total compensation is $25,000 or more,
Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with
a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract.
Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification
or type of worker needed to execute the Services available to interested parties upon request, and
shall post copies at Contractor’s principal place of business and at the project site. Contractor shall
defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day
or portion thereof for each worker paid less than the prevailing wage rates.
3.7.10 Apprenticeable Crafts. If the Total Contract Price exceeds $35,000 and if
Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the
provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly
registered apprentices upon public works. The primary responsibility for compliance with said
section for all apprenticeable occupations shall be with Contractor. The Contractor or any
subcontractor that is determined by the Labor Commissioner to have knowingly violated Section
1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of
noncompliance, or such greater amount as provided by law.
3.7.11 Hours of Work. If the Total Contract Price exceeds $25,000, Contractor is
advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the
California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each
worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in
any one calendar week, except when payment for overtime is made at not less than one and one-half
(1-1/2) times the basic rate for that worker.
3.7.12 Payroll Records. If the Total Contract Price exceeds $25,000, Contractor and
each subcontractor shall keep an accurate payroll record, showing the name, address, social
security number, work classification, straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed by him or her in connection with the public work. The payroll records shall be certified and
shall be available for inspection at all reasonable hours at the principal office of Contractor in the
manner provided in Labor Code section 1776. In the event of noncompliance with the requirements
of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written
notice specifying in what respects such Contractor must comply with this section. Should
noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit
not more than $100.00 for each calendar day or portion thereof, for each worker, until strict
compliance is effectuated. The amount of the forfeiture is to be determined by the Labor
Commissioner. A contractor who is found to have violated the provisions of law regarding wages on
Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a
period of one to three years as determined by the Labor Commissioner. Upon the request of the
Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such
penalties shall be withheld from progress payments then due. The responsibility for compliance with
this section is on Contractor. The requirement to submit certified payroll records directly to the
Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public
Updated: Feb. 2020 7
works project that is exempt pursuant to the small project exemption specified in Labor Code
Section 1771.4.
3.7.13 Contractor and Subcontractor Registration. If the Total Contract Price
exceeds $25,000, then pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and
subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform
public work must be registered with the Department of Industrial Relations. No bid will be accepted
nor any contract entered into without proof of the contractor’s and subcontractors’ current
registration with the Department of Industrial Relations to perform public work. Contractor is
directed to review, fill out and execute the Public Works Contractor Registration Certification
attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the
contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not
apply to work performed on a public works project that is exempt pursuant to the small project
exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.7.14 Labor Compliance; Stop Orders. If the Total Contract Price exceeds $25,000,
Contractor acknowledges that it is aware that this Project is subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole
responsibility to evaluate and pay the cost of complying with all labor compliance requirements
under this Contract and applicable law. Any stop orders issued by the Department of Industrial
Relations against Contractor or any subcontractor that affect Contractor’s performance of Work,
including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting
from such stop orders shall be considered Contractor caused delay subject to any applicable
liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify
and hold the City, its officials, officers, employees and agents free and harmless from any claim or
liability arising out of stop orders issued by the Department of Industrial Relations against Contractor
or any subcontractor.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor
shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance
with all local, state and federal laws, rules and regulations that may impact, or be implicated by the
performance of the Work including, without limitation, all applicable provisions of the Federal Water
Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act
(Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any
and all regulations, policies, or permits issued pursuant to any such authority regulating the
discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any
ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant
Discharge Elimination System General Permit for Storm Water Discharges Associated with
Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It
shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the
Permit for all construction activity which results in the disturbance of more than one acre of total
land area or which is part of a larger common area of development or sale. Prior to initiating work,
Updated: Feb. 2020 8
Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution
Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring,
implementing and complying with the provisions of the Permit and the SWPPP, including the
standard provisions, and monitoring and reporting requirements as required by the Permit. The
Permit requires the SWPPP to be a “living document” that changes as necessary to meet the
conditions and requirements of the job site as it progresses through difference phases of
construction and is subject to different weather conditions. It shall be Contractor’s sole
responsibility to update the SWPPP as necessary to address conditions at the project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage City,
or local agency regarding discharges of storm water to separate storm drain systems or other
watercourses under their jurisdiction, including applicable requirements in municipal storm water
management programs.
3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other
waters may be encountered at various times during construction of The Work. Therefore, the
Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from
such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising
therefrom.
3.8.1.5 Liability for Non-Compliance. Failure to comply with the
Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this
Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials,
officers, employees, volunteers and agents for any alleged violations. In addition, City may seek
damages from Contractor for any delay in completing the Work in accordance with the Contract, if
such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to
defend any enforcement action brought against the City for Contractor’s failure to comply with the
Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification
provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for
the costs (including the City’s attorney’s fees) associated with, any settlement reached between the
City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance
requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Work assigned to them without impacting
water quality in violation of the laws, regulations and policies described in paragraph 3.8.1.
Contractor further warrants that it, its employees and subcontractors will receive adequate training,
as determined by City, regarding the requirements of the laws, regulations and policies described in
paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City
will provide the Contractor with a list of training programs that meet the requirements of this
paragraph.
3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. Contractor shall comply with the requirements of the
specifications relating to safety measures applicable in particular operations or kinds of work. In
carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state
Updated: Feb. 2020 9
and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the Work and the conditions under which the Work is to
be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate
life protection and lifesaving equipment; adequate illumination for underground and night
operations; instructions in accident prevention for all employees, such as machinery guards, safe
walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and
shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary
or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection
and maintenance of all safety measures. Furthermore, Contractor shall prominently display the
names and telephone numbers of at least two medical doctors practicing in the vicinity of the
Project, as well as the telephone number of the local ambulance service, adjacent to all telephones
at the Project site.
3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all
notices required by law. Contractor shall be liable for all violations of such laws and regulations in
connection with Work. If Contractor observes that the drawings or specifications are at variance
with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes
shall be made by written change order. If Contractor performs any work knowing it to be contrary to
such laws, rules and regulations and without giving written notice to the City, Contractor shall be
solely responsible for all costs arising therefrom. City is a public entity of the State of California
subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code,
and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to
the public contracts of a municipality are a part of this Contract to the same extent as though set
forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials,
officers, employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with such
laws, rules or regulations.
3.8.4 Permits and Licenses. Contractor shall be responsible for securing City
permits and licenses necessary to perform the Work described herein, including, but not limited to,
any required business license. While Contractor will not be charged a fee for any City permits,
Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or
subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this
Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work
governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth,
Contractor shall comply with all applicable provisions of the California Labor Code, including
Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan
showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection
from the hazard of caving ground during the excavation of such trench or trenches. If such plan
varies from the shoring system standards, the plan shall be prepared by a registered civil or
structural engineer.
3.8.6 Hazardous Materials and Differing Conditions. As required by California
Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations
that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to
Updated: Feb. 2020 10
disturbance of any conditions, notify City of: (1) any material discovered in excavation that
Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or
Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those
indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly
different from those ordinarily encountered in such contract work. Upon notification, City shall
promptly investigate the conditions to determine whether a change order is appropriate. In the event
of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed
with all Work to be performed under the Contract, but shall retain all rights provided by the Contract
or by law for making protests and resolving the dispute.
3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the
California Government Code, City shall compensate Contractor for the costs of: (1) locating and
repairing damage to underground utility facilities not caused by the failure of Contractor to exercise
reasonable care; (2) removing or relocating underground utility facilities not indicated in the
construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not
be assessed liquidated damages for delay caused by failure of City to provide for removal or
relocation of such utility facilities.
3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and
regulations in furnishing or using equipment and/or providing services, including, but not limited to,
emissions limits and permitting requirements imposed by the California Air Resources Board
(CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be
aware of their application to "portable equipment", which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB, or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling
Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted
via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work. When Contractor determines that it has completed the Work
required herein, Contractor shall so notify City in writing and shall furnish all labor and material
releases required by this Contract. City shall thereupon inspect the Work. If the Work is not
acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items
of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed
the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the
Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid,
less any amount which City may be authorized or directed by law to retain. Payment of retention
proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public
Contract Code.
3.10 Claims; Government Code Claim Compliance.
3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California
Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial
supervised mediation, and judicial arbitration to resolve disputes on construction claims of
$375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a
Updated: Feb. 2020 11
process for negotiation and mediation to resolve disputes on construction claims. The intent of this
Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract
Code. This Section shall be construed to be consistent with said statutes.
3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by
the Contractor, after a change order duly requested in accordance with the terms of this Contract
has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from
Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment
of which is disputed by the City. Claims governed by this Section may not be filed unless and until
the Contractor completes all procedures for giving notice of delay or change and for the requesting
of a time extension or change order, including but not necessarily limited to the change order
procedures contained herein, and Contractor’s request for a change has been denied in whole or in
part. Claims governed by this Section must be filed no later than fourteen (14) days after a request
for change has been denied in whole or in part or after any other event giving rise to the Claim. The
Claim shall be submitted in writing to the City and shall include on its first page the following in 16
point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary
to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede
notice requirements otherwise provided by contract for the filing of claims, including all
requirements pertaining to compensation or payment for extra Work, disputed Work, and/or
changed conditions. Failure to follow such contractual requirements shall bar any claims or
subsequent lawsuits for compensation or payment thereon.
3.10.3 Supporting Documentation. The Contractor shall submit all claims in the
following format:
3.10.3.1 Summary of claim merit and price, reference Contract
Document provisions pursuant to which the claim is made
3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.10.3.3 Chronology of events and correspondence
3.10.3.4 Analysis of claim merit
3.10.3.5 Analysis of claim cost
3.10.3.6 Time impact analysis in CPM format
3.10.3.7 If Contractor’s claim is based in whole or in part on an
allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall
Updated: Feb. 2020 12
provide a summary of the percentage of the claim subject to design errors or omissions and shall
obtain a certificate of merit in support of the claim of design errors and omissions.
3.10.3.8 Cover letter and certification of validity of the claim, including
any claims from subcontractors of any tier, in accordance with Government Code section 12650 et
seq.
3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall
conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide
the Contractor a written statement identifying what portion of the claim is disputed and what portion
is undisputed. Any payment due on an undisputed portion of the claim will be processed and made
within 60 days after the public entity issues its written statement.
3.10.4.1 If City needs approval from its governing body to provide the
Contractor a written statement identifying the disputed portion and the undisputed portion of the
claim, and the governing body does not meet within the 45 days or within the mutually agreed to
extension of time following receipt of a claim sent by registered mail or certified mail, return receipt
requested, City shall have up to three days following the next duly publicly noticed meeting of the
governing body after the 45-day period, or extension, expires to provide the Contractor a written
statement identifying the disputed portion and the undisputed portion.
3.10.4.2 Within 30 days of receipt of a claim, City may request in
writing additional documentation supporting the claim or relating to defenses or claims City may
have against the Contractor. If additional information is thereafter required, it shall be requested and
provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
3.10.4.3 City’s written response to the claim, as further documented,
shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days)
after receipt of the further documentation, or within a period of time no greater than that taken by
the Contractor in producing the additional information or requested documentation, whichever is
greater.
3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City
fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within
15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time
prescribed, respectively, and demand an informal conference to meet and confer for settlement of
the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference
within 30 days for settlement of the dispute.
3.10.6 Mediation. Within 10 business days following the conclusion of the meet and
confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the
Contractor a written statement identifying the portion of the claim that remains in dispute and the
portion that is undisputed. Any payment due on an undisputed portion of the claim shall be
processed and made within 60 days after City issues its written statement. Any disputed portion of
the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with
City and the Contractor sharing the associated costs equally. City and Contractor shall mutually
agree to a mediator within 10 business days after the disputed portion of the claim has been
identified in writing, unless the parties agree to select a mediator at a later time.
Updated: Feb. 2020 13
3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall
select a mediator and those mediators shall select a qualified neutral third party to mediate with
regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its
respective mediator in connection with the selection of the neutral mediator.
3.10.6.2 For purposes of this section, mediation includes any
nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in
which an independent third party or board assists the Parties in dispute resolution through
negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes
in this section.
3.10.6.3 Unless otherwise agreed to by City and the Contractor in
writing, the mediation conducted pursuant to this section shall excuse any further obligation under
Section 20104.4 to mediate after litigation has been commenced.
3.10.6.4 The mediation shall be held no earlier than the date the
Contractor completes the Work or the date that the Contractor last performs Work, whichever is
earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new
unrelated claim arises after mediation is completed.
3.10.7 Procedures After Mediation. If following the mediation, the claim or any
portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code. For purposes of those provisions, the running of the period of time within which
a claim must be filed shall be tolled from the time the Contractor submits his or her written claim
pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by
the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions
filed to resolve claims subject to this Section:
3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing
or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived
by mutual stipulation of both parties or unless mediation was held prior to commencement of the
action in accordance with Public Contract Code section 9204 and the terms of these procedures..
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court.
3.10.8.2 If the matter remains in dispute, the case shall be submitted
to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3
of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery
Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of
Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the
rules pertaining to judicial arbitration.
3.10.8.3 In addition to Chapter 2.5 (commencing with Section
1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be
Updated: Feb. 2020 14
experienced in construction law, and (B) any party appealing an arbitration award who does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
also pay the attorney’s fees on appeal of the other party.
3.10.9 Government Code Claims. In addition to any and all contract requirements
pertaining to notices of and requests for compensation or payment for extra work, disputed work,
claims and/or changed conditions, Contractor must comply with the claim procedures set forth in
Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government
Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited
to those matters that remain unresolved after all procedures pertaining to extra work, disputed work,
claims, and/or changed conditions have been followed by Contractor. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the
City. A Government Code claim must be filed no earlier than the date the work is completed or the
date the Contractor last performs work on the Project, whichever occurs first. A Government Code
claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the
Government Code claim is submitted.
3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor
within the time periods described in this Section or to otherwise meet the time requirements of this
Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall
not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be
responsible for all loss and damage which may arise out of the nature of the Work agreed to herein,
or from the action of the elements, or from any unforeseen difficulties which may arise or be
encountered in the prosecution of the Work until the same is fully completed and accepted by City.
In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public
Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however,
that the City needs to provide Contractor with only one (1) day advanced written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized
volunteers free and harmless from any and all claims, demands, causes of action, suits, actions,
proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or
injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively,
“Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or
omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Contractor’s services, the Project
or this Agreement, including without limitation the payment of all consequential damages, expert
witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the
foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall
not apply to liability for damages for death or bodily injury to persons, injury to property, or any other
loss, damage or expense arising from the sole or active negligence or willful misconduct of the City
or the City’s agents, servants, or independent contractors who are directly responsible to the City,
or for defects in design furnished by those persons.
Updated: Feb. 2020 15
3.12.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against City or its officials, employees,
agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award
or decree that may be rendered against City or its officials, employees, agents and authorized
volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also
reimburse City for the cost of any settlement paid by City or its officials, employees, agents and
authorized volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for City's attorney's fees and costs, including expert witness
fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers,
for any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted
to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized
volunteers.
3.13 Insurance.
3.13.1 Time for Compliance. Contractor shall not commence Work under
this Contract until it has provided evidence satisfactory to the City that it has secured all insurance
required under this section. In addition, Contractor shall not allow any subcontractor to commence
work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor
has secured all insurance required under this section. Failure to provide and maintain all required
insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, procure
and maintain for the duration of the Contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the Work
hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor
shall also require all of its subcontractors to procure and maintain the same insurance for the
duration of the Contract. Such insurance shall meet at least the following minimum levels of
coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office
Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for
operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business
Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for
bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per
accident for bodily injury and property damage; and (3) Workers’ Compensation and
Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State
of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury
or disease, and each employee bodily injury or disease. Defense costs shall be available in
addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage
Updated: Feb. 2020 16
shall be provided to the parties required to be named as additional insureds pursuant to this
Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or
approved by the City to add the following provisions to the insurance policies:
3.13.3.1 General Liability. (1) Such policy shall give the City, its
officials, employees, agents and authorized volunteers additional insured status using ISO
endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same
coverage, with respect to the Work or operations performed by or on behalf of Contractor, including
materials, parts or equipment furnished in connection with such work. Contractor may provide
blanket endorsements to meet the Additional Insured requirement in this written contract.
However, all subcontractors’ endorsements shall specifically name the City, its elected
officials, officers, employees, volunteers, boards, agents, and representatives as additional
insureds and blanket endorsements are not acceptable; (2) all policies shall waive or shall permit
Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer
by virtue of payment of any loss or any coverage provided to any person named as an additional
insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and
(3) the insurance coverage shall be primary insurance as respects the City, its officials, employees,
agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess
of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the
City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s
insurance and shall not be called upon to contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its
officials, employees, agents and authorized volunteers additional insured status with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by Contractor or for which Contractor is responsible. Contractor may provide blanket
endorsements to meet the Additional Insured requirement in this written contract. However,
all subcontractors’ endorsements shall specifically name the City, its elected officials,
officers, employees, volunteers, boards, agents, and representatives as additional insureds
and blanket endorsements are not acceptable.; (2) all policies shall waive or shall permit
Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer
by virtue of payment of any loss or any coverage provided to any person named as an additional
insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and
(3) the insurance coverage shall be primary insurance as respects the City, its officials, employees,
agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess
of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the
City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s
insurance and shall not be called upon to contribute with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees,
agents and authorized volunteers for losses paid under the terms of the insurance policy which arise
from work performed by Contractor.
3.13.3.4 All Coverages. Each insurance policy required by this
Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or
Updated: Feb. 2020 17
canceled except after thirty (30) days prior written notice by certified mail, return receipt requested,
has been given to the City; and (2) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City, its officials,
employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions. In addition, such
insurance shall not contain any special limitations on the scope of protection afforded to the City,
its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. Contractor shall guarantee that,
at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its officials, employees, agents and authorized volunteers;
or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City
guaranteeing payment of losses and related investigation costs, claims and administrative and
defense expenses.
3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory
to the City. Exception may be made for the State Compensation Insurance Fund when not
specifically rated.
3.13.7 Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Contract on forms
satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied
or approved by the City. All certificates and endorsements must be received and approved by the
City before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
3.13.8 Subcontractors. All subcontractors shall meet the requirements of
this Section before commencing Work. Contractor shall furnish separate certificates and
endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall
name the City, its officials, employees, agents and authorized volunteers as additional insureds
using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All subcontractors’
endorsements shall specifically name the City, its elected officials, officers, employees, volunteers,
boards, agents, and representatives as additional insureds and blanket endorsements are not
acceptable. All coverages for subcontractors shall be subject to all of the requirements stated herein
except as otherwise agreed to by the City in writing.
3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to
Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the
Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by City
in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and
Updated: Feb. 2020 18
provide to City concurrently with this Contract a Payment Bond in an amount required by the City
and in a form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached
hereto and incorporated herein by reference, Contractor shall execute and provide to City
concurrently with this Contract a Performance Bond in an amount required by the City and in a form
provided or approved by the City. If such bond is required, no payment will be made to Contractor
until the bond has been received and approved by the City.
3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the
effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor
intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be
given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days
prior to expiration of the original bonds. No further payments shall be deemed due or will be made
under this Contract until any replacement bonds required by this Section are accepted by the City.
To the extent, if any, that the Total Contract Price is increased in accordance with the Contract,
Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly
and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to
furnish any required bond, the City may terminate the Contract for cause.
3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as
defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-
admitted surety insurer issuing bonds does not meet these requirements, the insurer will be
considered qualified if it is in conformance with Section 995.660 of the California Code of Civil
Procedure, and proof of such is provided to the City.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of
this Section shall be deemed to include unauthorized work which has not been removed and any
non-conforming materials incorporated into the Work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the
period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any
manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later)
after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing
by the City of any defect in the Work or non-conformance of the Work to the Contract, commence
and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole
cost and expense. Contractor shall act sooner as requested by the City in response to an
emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any
portions of the Work (or work of other contractors) damaged by its defective Work or which becomes
damaged in the course of repairing or replacing defective Work. For any Work so corrected,
Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one
year period, commencing with the date of acceptance of such corrected Work. Contractor shall
perform such tests as the City may require to verify that any corrective actions, including, without
limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All
costs associated with such corrective actions and testing, including the removal, replacement, and
reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of
Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with
respect to any portion of the Work, whether express or implied, are deemed to be obtained by
Updated: Feb. 2020 19
Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees
have been transferred or assigned to the City by separate agreement and Contractor agrees to
enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that
Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty
under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct
and replace any defective or non-conforming Work and any work damaged by such work or the
replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.16 Employee/Labor Certifications.
3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor
certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker’s Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such provisions
before commencing the performance of the Work. A certification form for this purpose, which is
attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed
simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be
limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination.
3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the Immigration
Reform and Control Act of 1986, as may be amended from time to time, and shall require all
subcontractors and sub-subcontractors to comply with the same.
3.17 General Provisions.
3.17.1 City’s Representative. The City hereby designates the General Manager, or
his or her designee, to act as its representative for the performance of this Contract (“City’s
Representative”). City’s Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Contractor shall not accept direction or orders from any person other
than the City’s Representative or his or her designee.
3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall
submit in writing the name, qualifications and experience of its proposed representative who shall
be subject to the review and approval of the City (“′Contractor’s Representative”). Following
approval by the City, Contractor’s Representative shall have full authority to represent and act on
behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall
supervise and direct the Work, using his best skill and attention, and shall be responsible for all
construction means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Work under this Contract. Contractor’s Representative shall
devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall
Updated: Feb. 2020 20
be present at the Work site at all times that any Work is in progress and at any time that any employee
or subcontractor of Contractor is present at the Work site. Arrangements for responsible
supervision, acceptable to the City, shall be made for emergency Work which may be required.
Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the
information specified above and obtain the City’s written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either with
our without cause, by giving Contractor three (3) days advance written notice. In the event of
termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all
Work performed up to that time as provided herein. In the event of breach of the Contract by
Contractor, City may terminate the Contract immediately without notice, may reduce payment to
Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other
available recourse against Contractor. Contractor may not terminate this Contract except for cause.
In the event this Contract is terminated in whole or in part as provided, City may procure, upon such
terms and in such manner as it may determine appropriate, services similar to those terminated.
Further, if this Contract is terminated as provided, City may require Contractor to provide all finished
or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by
Contractor in connection with its performance of this Contract.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning or
import of any of the provisions of this Contract or written or oral instructions from City, the matter
shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is
applicable to California Public Contract Code Section 7103.5. In entering into this Contract to
supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all
rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act
(15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of
Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services,
or materials pursuant to the Contract. This assignment shall be made and become effective at the
time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding interpretation
of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered
or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
KYA Services, LLC
1800 E. McFadden Avenue
Santa Ana, CA 92705
Attn: Anthony Acosta, Project Manager
C ITY:
City of Arcadia
240 West Huntington Drive
Arcadia, California 91066
Attn: Carlos Aguilar, General Services Superintendent
Updated: Feb. 2020 21
Any notice so given shall be considered received by the other Party three (3) days after deposit in the
U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be
deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of
law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor
herein without the prior written consent of City. If Contractor attempts an assignment or transfer of
this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and
revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its
assignee or transferee.
3.17.9 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be
interpreted in accordance with the laws of the State of California. If any action is brought to interpret
or enforce any term of this Agreement, the action shall be brought in a state or federal court situated
in the County of Los Angeles, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each
of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, executors,
administrators, successors, and assigns agree to the full performance of all of the provisions
contained in this Contract.
3.17.13 [Reserved]
3.17.14 Solicitation. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Contract. For breach or violation of this warranty,
City shall have the right to terminate this Contract without liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term of this
Contract, no official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Contract, or obtain any present or anticipated material benefit arising
therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file,
Updated: Feb. 2020 22
a Statement of Economic Interest with the City’s Filing Officer as required under state law in the
performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this
Contract, Contractor has a current contractor’s license of the classification indicated below under
Contractor’s signature.
3.17.16.2 Contractors are required by law to be licensed and regulated
by the Contractors’ State License Board which has jurisdiction to investigate complaints against
contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date
of the alleged violation. A complaint regarding a latent act or omission pertaining to structural
defects must be filed within ten (10) years of the date of the alleged violation. Any questions
concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box
26000, Sacramento, California 95826.
3.17.17 Authority to Enter Contract. Each Party warrants that the individuals
who have signed this Contract have the legal power, right and authority to make this Contract and
bind each respective Party.
3.17.18 Entire Contract; Modification. This Contract contains the entire
agreement of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Contract may only be modified by a writing signed
by both Parties.
3.17.19 Non-Waiver. None of the provisions of this Agreement shall be
considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City’s Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project or other projects.
[SIGNATURES ON NEXT PAGE]
Updated: Feb. 2020 23
SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF ARCADIA
AND KYA SERVICES, LLC
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the
_______ day of ________________, 2026.
CITY OF ARCADIA KYA SERVICES, LLC
By: By:
Dominic Lazaretto
City Manager Its:
Printed Name:
ATTEST: By:
Its:
By:
City Clerk Printed Name:
APPROVED AS TO FORM:
By:
Michael J. Maurer
City Attorney
Updated: Feb. 2020 24
EXHIBIT “A”
SERVICES / SCHEDULE
The project plan and proposal, KYA Services, LLC Proposal Number: P-105303, are incorporated
into this Contract. (see Attachment “A”).
PREPARED FOR
Carlos Aguilar
City of Arcadia
+1 626-574-5400
caguilar@arcadiaca.gov
12/10/2025
City of Arcadia - Fire 105 - HVAC
Boiler Replacement
Project Number P-0105303
KYA CMAS 4-20-78-0089C GSA
Contact
Anthony Acosta
1800 E. McFadden Ave.
Santa Ana, CA
anthony.acosta@thekyagroup.com
Pages 6 LICENCE 984827 (B, C15, D12, A, C20, C10, C33)
DIR #1000003379
Attachment "A"
Proposal:P-0105303 Date:12/10/2025
To:City of Arcadia
240 West Huntington Drive
Arcadia CA 91066
Terms:Net30
RA:Anthony Acosta
RA Phone:
RA Email:anthony.acosta@thekyagroup.com
Site:
Address:710 S Santa Anita Ave
Arcadia CA, 91006
Site Qualifications and General Scope of Work
Priced per KYA CMAS 4-20-78-0089C GSA
Notes:Sales tax rate will be based upon the shipping address. Price is good for 30 days from date of quote.
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SCOPE OF WORK - PRICING
City of Arcadia - Fire 105 - HVAC Boiler Replacement Quantity U/M Price Value Taxable
ELM110AC01 - ELEMENTSAIRE 100-TON COMFORTAIRE SYSTEM
(partial - boiler)
1 EA $36,418.67 $36,418.67
SUNDRIES - SUNDRIES 2 EA $735.38 $1,470.76
PWSUPPORT AEADD - Professional Services (Hourly Rate)2 EA $3,639.29 $7,278.58
Dumpster Service 1 EA $906.40 $906.40
HVAC Installer 62 HRS $165.12 $10,237.44
Bonding Fee 1 EA $608.40 $608.40
Total Price $56,920.25
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CONDITIONS AND WARRANTY
1)Proposal:
The above proposal is valid for 30 days from the date first set forth above. After 30 days, we reserve the right to increase prices due to the rise in cost of
raw materials, fuel or other cost increases. When applicable, KYA Services, LLC reserves the right to implement a surcharge for significant increases in
raw materials, including, but not limited to; fuel, and materials. Due to the duration of time between proposals, contracts and final furnishing, KYA
Services, LLC reserves the right to implement this surcharge when applicable. Any job that is accepted prior to December 31st of the current year and
scheduled to install after December 31st of the current year is subject to price increase. All project proposals based on a specific set/sets of plans are
considered preliminary budgets and may be subject to pricing changes once the plans are approved by the relevant authority
2)Purchase:
By executing this proposal, or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this agreement specifically by
reference) which is accepted by KYA Services, LLC . (the “Company”), the purchaser identified above (“you” or the “Purchaser”) agrees to purchase the
materials and the services to be provided by the “Company”, as detailed in the Pricing and “General Scope of Work” sections in this agreement, above.
Any additional costs arising from tariff changes shall be deemed pass-through costs and shall be paid by the Client upon receipt of supporting
documentation from the Contractor.
3)Standard Exclusions:
Unless specifically included, this agreement does not include, and Company will not provide services, labor or materials for any of the following work: (a)
removal or disposal of any material containing asbestos or any hazardous materials as defined by the EPA; neither we nor our installers are responsible
for the handling, removal or abatement of asbestos contained floor material or adhesive. Further, our policy is to request an Asbestos Hazard Emergency
Response Act (AHERA) report prior to proceeding with any floor material or floor adhesive removal. We and our installers consider it the owners
responsibility to produce this report prior to executing this contract. (b) moving Owner’s property around the installation site. (c) repair or replacement of
any Purchaser or Owner- supplied materials. (d) repair of concealed underground utilities not located on prints, supplied to Company by Owner during the
bidding process, or physically staked out of by the Owner, and which are damaged during construction; or (e) repair of damage to existing surfaces that
could occur when construction equipment and vehicles are being used in the normal course of construction.
4)Insurance Requirements:
Company is not required to provide any insurance coverage in excess of Company’s standard insurance. A copy of the Company’s standard insurance is
available for your review prior to acceptance of the Company’s proposal.
5)Payment;
Terms of payment are defined in the “Pricing” details section and are specific to this contract. For purposes of this agreement, “Completion” is defined as
being the point at which the materials have been furnished. In any event where Completion cannot be effected due to delays or postponements caused
by the Purchaser or Owner, final payment (less 5% retainage) is due within 30 days of the date when the Completion was scheduled, had the delay not
occurred. All payments must be made to KYA Services, LLC 1800 E. McFadden Ave., Santa Ana, CA 92705 . If the Purchaser or Owner fails or delays in
making any scheduled milestone payments , the Company may suspend the fulfilment of its obligations hereunder until such payments are made, or
Company may be relieved of its obligations hereunder if payment is more than 60 days past due. Company may use all remedies available to it under
current laws, including but not limited to filing of liens against the property and using a collection agency or the courts to secure the collection of the
outstanding debt.
6)Lien Releases:
Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to
receiving final payment from Purchaser or Owner, Company will provide a full release of liens upon receipt of final payment. In accordance with state
laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens.
7)Site Plan Approval, Permit/s, Permit Fees, Plans, Engineering Drawings and Surveying:
Site plan approval, permits, permit fees, plans, engineering drawings and surveying are specifically excluded from this agreement and the Services
unless specified under the “General Scope of Work”. The Company does not in any way warrant or represent that a permit or site plan approval for
construction will be obtained. Sealed engineered drawings that are required but not included in the “General Scope of Work” will result in additional cost
to Purchaser.
8)Manufacturing and Delivery:
Manufacturing lead-time and delivery varies depending on the product purchased.
9)Returned Product, Deposits and/ or Cancelled Order:
From date of shipment from our facility, all returned product(s) and cancelled orders are subject to a 50% restocking fee. No returns are available
following this date. All deposits are non-refundable.
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10)Concealed Conditions:
“Concealed conditions” include, without limitation to, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. Observations
that were able to be made either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was approved. If
additional Concealed Conditions are discovered once work has commenced which were not visible at the time this proposal was approved, Company will
stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a change order for
any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and
Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as
limestone, caliche, etc.), rocks bigger than 4inches in diameter or any other condition that will require additional labor, equipment and/or materials not
specified by the purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment, and/or materials to complete the drilling
or concrete operations will require a change order before Company will complete the process. Any variation will incur additional charges.
11)Changes in the Work:
During the course of this project, Purchaser may order changes in the work (both additions and deletions). The cost of these changes will be determined
by the Company, and a change order must be completed and signed by both the Purchaser and the Company, which will detail the “General Scope of the
Change Order”. Should any change be essential to the completion of the project, and the Purchaser refuses to authorize such change order, then
Company will be deemed to have performed its part of the project, and the project and Services will be terminated. Upon such termination, Company will
submit a final billing to Purchaser for payment, less labor allowance for work not performed but including additional charges incurred due to the stoppage.
No credit will be allowed for materials sold and supplied, which will remain the property of the Purchaser.
12)Warranty; Limitations of Liability:
Company warrants that all Company-supplied labor and Services will be performed in a good and workmanlike manner. Purchaser shall notify the
Company in writing detailing any defects in Service for which a warranty claim is being made. COMPANY SHALL NOT IN ANY EVENT BE LIABLE FOR
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR LIQUIDATED DAMAGES IN ANY ACTION ARISING FROM OR RELATED TO
THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENDED CONDUCT OR OTHERWISE, INCLUDING
WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFITS, INCOME OR GOODWILL, REGARDLESS OF WHETHER COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S LIABILITY FOR MONETARY DAMAGES UNDER
THIS AGREEMENT EXCEED THE FEES PAID OR DUE AND PAYABLE FOR THE SERVICE UNDER THIS AGREEMENT (OR RELEVANT PURCHASE
ORDER). The warranties or the materials are contained in a separate document between Company and the ultimate Owner of the materials, which will be
provided to Owner at the time of completion of work.
13)Indemnification:
To the fullest extent permitted by law. Purchaser shall indemnify, defend and hold harmless the Company and its consultants, agents and employees or
any of them from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, relating to furnishing of the materials or
performance of the Services, provided that such claim, damage, loss or expense is attributable to bodily injury to, sickness, disease or death of a person,
or injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees,
or subcontractors or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim,
damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other
rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 13.
14)Delegation: Subcontractors:
The Services and furnishing of materials may be performed by subcontractors under appropriate agreements with the Company
15)Force Majeure: Impracticability:
The Company shall not be charged with any loss or damage for failure or delay in delivering or furnishing of materials when such failure or delay is due to
any cause beyond the control of the Company, due to compliance with governmental regulations, or orders, or due to any acts of God, lockouts,
slowdowns, wars or shortages in transportation, materials or labor.
16)Dispute Resolution:
Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in CA, 92705 by a single arbitrator
selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules.
Judgement upon the award may be entered in any court having jurisdiction thereof.
17)Entire Agreement; No Reliance:
This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not
contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or
representations by Company or its agents which are not expressly stipulated herein, including without limitation any statements as to the materials,
warranties or services provided hereunder.
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18)No Third-Party Beneficiaries:
This agreements creates no third party rights or obligations between Company and any other person, including any Owner who is not also a Purchaser. It
is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement.
19)Governing Law:
This agreement will be constructed and enforced in accordance with the laws of the State of California.
20)Assignment:
Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of the Company. The agreements shall be
binding upon and ensure to the benefit of the Company and the Purchaser, and their successors and permitted assigns.
Executed to be effective as of the
date executed by the company:KYA Services, LLC
Accepted by:
Signature:Signature:
By: (Print)By: (Print)
Title:Title:
Date:Date:
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EXHIBIT “B”
PLANS AND SPECIFICATIONS
All service and unit specifications are listed in Exhibit “A”.
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EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the
Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment
Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. Failure to do so
may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety
supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section
995.120, authorized to do business as such in the State of California and satisfactory to the City. The
Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total
Contract Price.
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EXHIBIT “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the
California Labor Code which require every employer to be insured against liability for Worker’s
Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I,
the undersigned Contractor, agree to and will comply with such provisions before commencing the
performance of the Work on this Contract.
KYA SERVICES, LLC.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish
to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be
registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-
Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and
subcontractors’ current registration with the Department of Industrial Relations to perform public
work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code
sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of
Industrial Relations.1
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further
acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project.
• Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its
contract with subcontractors and ensure that all subcontractors are registered at the time of
bid opening and maintain registration status for the duration of the project.
• Failure to submit this form or comply with any of the above requirements may result in a
finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under
Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Arcadia (hereinafter referred to as “City”) has awarded to KYA
Services, LLC, (hereinafter referred to as the “Contractor”) an agreement for Fire Station 105 Boiler
Replacement Project, Contract No. _______________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract
Documents”), the terms and conditions of which are expressly incorporated herein by reference;
and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and
_____________________________________________ as Surety, a corporation organized and duly
authorized to transact business under the laws of the State of California, are held and firmly bound
unto the City in the sum of FIFTY-SIX THOUSAND, NINE HUNDRED TWENTY-FOLLARS AND
TWENTY-FIVE CENTS ($56,920.25), said sum being not less than one hundred percent (100%) of the
total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and agreements in the Contract Documents
and any alteration thereof made as therein provided, on its part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to their intent and meaning; and
shall faithfully fulfill all obligations including the one-year guarantee of all materials and
workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated
in said Contract Documents, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a period
of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to
make full, complete, and satisfactory repair and replacements and totally protect the City from loss
or damage resulting from or caused by defective materials or faulty workmanship, Surety shall
undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall
continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights
or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited
to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total amount
payable to Contractor by the City under the Contract and any modification thereto,
less any amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient funds to
pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total amount
payable to Contractor by the City under the Contract and any modification thereto,
less any amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may
be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies
Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract Documents or to
the Project, including but not limited to the provisions of sections 2819 and 2845 of the California
Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
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24347.00006\9536520.5
(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________
___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________
Representative for service of
process in California, if different ___________________________________________
from above)
___________________________________________
(Telephone number of Surety and ___________________________________________
Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do
so must be attached hereto.
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24347.00006\9536520.5
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
☐ Individual
☐ Corporate Officer
Title(s) Title or Type of Document
☐ Partner(s) ☐ Limited
☐ General Number of Pages
☐ Attorney-In-Fact
☐ Trustee(s)
☐ Guardian/Conservator Date of Document
☐ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
- 34 -
24347.00006\9536520.5
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Arcadia (hereinafter designated as the “City”), by action taken or a
resolution passed March 3, 2026, has awarded to KYA Services, LLC hereinafter designated as the
“Principal,” a contract for the work described as follows: Fire Station 105 Boiler Replacement
Project, Contract Nol: ____________________ (the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated __________________ (“Contract Documents”), the terms
and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance of
the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts
due under the Unemployment Insurance Code or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of employees
of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond
will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and
firmly bound unto the City in the penal sum of FIFTY-SIX THOUSAND, NINE HUNDRED TWENTY-
FOLLARS AND TWENTY-FIVE CENTS ($56,920.25) lawful money of the United States of America, for
the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the
persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other
supplies, used in, upon, for or about the performance of the work contracted to be done, or for any
work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with
respect to work or labor performed under the contract, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department or Franchise Tax Board from
the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the
Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for
the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil
Code so as to give a right of action to such persons or their assigns in any suit brought upon this
bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance, addition,
alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or
relating to any scheme or work of improvement herein above described, or pertaining or relating to
the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any
terms of payment or extension of the time for any payment pertaining or relating to any scheme or
work of improvement herein above described, nor by any rescission or attempted rescission of the
contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting
to limit the right of recovery of claimants otherwise entitled to recover under any such contract or
agreement or under the bond, nor by any fraud practiced by any person other than the claimant
- 35 -
24347.00006\9536520.5
seeking to recover on the bond and that this bond be construed most strongly against the Surety and
in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety
be released from liability to those for whose benefit such bond has been given, by reason of any
breach of contract between the owner or City and original contractor or on the part of any obligee
named in such bond, but the sole conditions of recovery shall be that claimant is a person described
in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety
does hereby waive notice of any such change, extension of time, addition, alteration or modification
herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so must be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do
so must be attached hereto.
- 36 -
24347.00006\9536520.5
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
☐ Individual
☐ Corporate Officer
Title(s) Title or Type of Document
☐ Partner(s) ☐ Limited
☐ General Number of Pages
☐ Attorney-In-Fact
☐ Trustee(s)
☐ Guardian/Conservator Date of Document
☐ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
- 37 -
24347.00006\9536520.5
EXHIBIT “G”
FEDERAL REQUIREMENTS
Not Applicable.
Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
NON-MANDATORY
KYA Services, LLC
Categories Information CMAS NUMBER: 4-20-78-0089C
SUPPLEMENT NUMBER: 7
CMAS TERM DATES: 02/26/2020 through 02/10/2030
EFFECTIVE DATE: 01/21/2025
CMAS CATEGORY: Non-IT Commodities General Provisions
APPLICABLE STATE OF
CALIFORNIA GENERAL
PROVISIONS:
June 21, 2022
APPLICABLE CMAS SPECIAL
PROVISIONS: January 2, 2025
MAXIMUM ORDER LIMIT:
State Agencies: See Purchasing Authority
Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE SCHEDULE #: 47QSMA20D08P7
BASE SCHEDULE HOLDER: KYA Services LLC
PROGRAM ANALYST Trice Baker
Trice.baker@dgs.ca.gov
This California Multiple Award Schedule (CMAS) provides for the purchase,
warranty, removal, disposal, preparation, installation, maintenance, and repair of
park and playground equipment, commercial flooring, roofing products, pre-
engineered and prefabricated buildings and structures for storage solutions,
hardware store products, lawn and garden equipment, heating, ventilation, and
air conditioning (HVAC), energy-efficient lighting, power distribution equipment,
complete daycare, preschool and classroom solutions, signs, and flags. (See
pages 4 through 10 for the services, job titles, and restrictions applicable to this
CMAS.)
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 2
This supplement is to extend this CMAS through 02/10/2030. In addition, this supplement replaces
the existing CMAS. The most current Ordering Instructions, General Provisions, CMAS Special
Provisions, and products and/or services are included herein. All purchase orders issued by State
agencies shall incorporate these Ordering Instructions, General Provisions, and CMAS Special
Provisions. Review these provisions carefully as they have changed.
NOTICE: Products and/or services on this CMAS may be available on a Mandatory State Contract.
If this is the case, the use of this CMAS is restricted unless the State agency has an approved
exemption as explained in the State Contract User Instructions. Information regarding State
Contracts can be obtained at the: State Contracts Index Listing. This requirement is not applicable
to local government agencies.
Any reference to a specific manufacturer’s or publisher’s warranty or terms and conditions as
shown in the base schedule are not applicable to this CMAS.
The services provided under this CMAS are only available in support of the
products covered by this CMAS.
State agencies cannot use this CMAS to purchase products available through the California Prison
Industry Authority (CALPIA) without a one-time exemption from CALPIA. Agencies may request an
exemption at the CALPIA website. A copy of the approved exemption must be kept with the
purchase order in the procurement file for audit purposes.
CMAS RESTRICTION FOR CARPET PURCHASES
The Department of General Services’ Office of Sustainability has determined that all carpet
purchased by state agencies be made at the ANSI/NSF-140 Platinum level. The Governor’s
Executive Order B-18-12 Ordered that the State agencies purchase and use environmentally
preferable products that have a lesser or reduced effect on human health and the environment.
Carpet that is 3rd party certified to ANSI/NSF-140 Platinum level meets the requirement.
IMPORTANT NOTE TO ALL USERS OF THIS MULTIPLE AWARD SCHEDULE
A contract for the purchase and installation of carpet is a public works contract as defined in
Section 1101 of the Public Contract Code and, as such, requires certain special conditions. Prior to
placing an order against this multiple award schedule, read pages 27 through 36 entitled
“Information Regarding the Purchase and Installation of Carpet and Other Floor Coverings” to
ensure your agency understands the special conditions involving public works contracts. If your
agency does not have staff with expertise involving public works contracts, it is recommended that
you seek interagency assistance or consider not using this multiple award schedule.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 3
HAZARDOUS SUBSTANCES
State Law (Labor Code (LC) 6360 et seq.) requires employers to have information regarding
hazardous or potentially hazardous substances in the workplace on file or readily available to
them. In order to assist employers’ compliance with this requirement, the Department of Industrial
Relations has compiled a list of hazardous substances.
Some or all of the products listed on this CMAS appear on the Hazardous Substances List. CMAS
supplier must provide Material Safety Data Sheet for these products when they are delivered to
California Public Agencies. A Material Safety Data Sheet is supplied by the manufacturer of a
substance and lists the manufacturer’s name and address, the chemical name, physical properties
of the material, potential hazards, safeguards and procedures to follow in case of accident or
overexposure.
Agency non-compliance with the requirements may result in the loss of CMAS program delegated
purchasing authority.
CMAS contractor non-compliance with the requirements may result in termination.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 4
CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base schedule
for the products and/or services available.
Brand-Act Global
Brand-Bentley
Brand-Quick Crete
Brand-Tandus
Building-Prefab Structure-Medical
Floor Cov-Broadloom Carpet
Floor Cov-Hardwood
Floor Cov-Sport Flooring
Floor Cov-Synthetic Turf
Floor Cov-Vinyl Sheeting/Tile
Playground-Equip
Sport Surface-Synthetic Track
AVAILABLE PRODUCTS AND/OR SERVICES
This CMAS provides for the purchase, warranty, removal, disposal, preparation, installation,
maintenance, and repair of park and playground equipment, commercial flooring, roofing products,
pre-engineered and prefabricated buildings and structures for storage solutions, hardware store
products, lawn and garden equipment, heating, ventilation, and air conditioning (HVAC), energy-
efficient lighting, power distribution equipment, complete daycare, preschool and classroom
solutions, signs, and flags.
Only the following services are available within the scope of this CMAS:
Standard Floor Preparation (So Cal)
Standard Floor Preparation (Sac)
Standard Floor Preparation (Bay Area)
Excessive Floor Preparation (So Cal)
Excessive Floor Preparation (Sac)
Excessive Floor Preparation (Bay Area)
Field Repairs
Removal of Playground Equipment
Application of Playground Equipment
Standard Floor Prep
Furniture R&R
Toilet Removal
Turf Removal
Turf Application (Standard)
Turf Application (Non- Standard)
Concrete Curb
Natural Sod Removal
Poured-In-Place Removal
Poured-In-Place Application
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 5
Natural Sod Application
Poured-In-Place Repair
Aggregate Base Removal
Aggregate Base Application
Logo Application
Track Surface Repair
Track Surface Re-Top
Track Surface Complete Application
Track Surface Refresh
Structural Spray Black
Structural Spray Color
Base Mat w/ Structural Spray Black
Base Mat w/ Structural Spray Color
Polyurethane Sandwich System
Polyurethane Full Pour
Track Maintenance
Substrate Prep
Substrate Compaction
Trenching
Clear, Grub and Haul
Staking
Goal Post Application
Drainage Application
Application of Sports Pad
Application of Playground Pad
Application of Infill
Application of Headerboard
Removal of Existing Surface
Application of Rubber Playground Tiles
Standard Synthetic Turf Maintenance
Premium Synthetic Turf Maintenance
Application of Asphalt
Application of Concrete
Perimeter saw cut
Application of tree wells
Application of mulch
Application of decomposed granite
Application of irrigation
Perimeter pip removal
Asphalt saw cut
Application of sealer
Re-grading base
Application of ramp
Application of grout
Scarification
Application of seeded rock
Demo Glue Down Carpet / Carpet Tile
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 6
Demo Powerbond Carpet/ Vinyl Backed
Demo Carpet over Pad
Demo Sheet Vinyl
Demo VCT/LVT
Demo Rubber
Skim Coat
Grind Floor
Application of Carpet Tile
Application of Powerbond Carpet
Application of Carpet Over Pad
Lift Application of Carpet Tile
Application of Sheet Vinyl
Self Cove
Application of Linoleum
Heat Weld
Application of LVT
Application of VCT
Application of Rubber Tile
4" Rubber Base
6" Rubber Base
Vinyl Transition Strips
Moisture Test
Outside Corner Installation
Removal of Degraded Seal Coats
Application of Moisture Barrier
Demo Ceramic Tile
Application of HVT
Expediting Service
Application of Self- Level Compound
Application of Ceiling Tiles
Surface Preparation for Finish
Application of Lamp Lens
Application of Retrofit LED Kit
Application of Tackboard
Application of Sound Wall
Application of Thermostats
Dumpster Service
Demo Existing Wood Flooring < 5,000sf
Demo Existing Wood Flooring > 5,000sf
Install Wood Flooring < 5,000sf
Install Wood Flooring > 5,000sf
Install Wood Subfloor < 5,000sf
Install Wood Subfloor > 5,000sf
Install Visqueen Vapor Retarder
Shim Flooring < 5,000sf
Shim Flooring > 5,000sf
Water Base Wood Floor Refinishing < 5000sf
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 7
Water Base Wood Floor Refinishing > 5,000sf
Oil Base Wood Floor Refinishing < 5000sf
Oil Base Wood Floor Refinishing > 5,000sf
Sand & Refinish Wood Flooring < 5,000sf
Sand & Refinish Wood Flooring > 5,000sf
Patch Wood Flooring < 5,000sf
Patch Wood Flooring > 5,000sf
Application of Additional Finish Coat
Paint Basketball Court
Paint Volleyball Court
Paint Badminton Court
Paint Pickleball Court
Paint/Stain Floor
Slab infill < 5,000sf
Slab infill > 5,000sf
Install Threshold
Install Floor Lids
Install Vent Cove Base
Paint Custom Graphics/Letters
Re-Paint Existing Game Lines
Court Design Service
GMAX Testing Procedure
Performance Testing Procedure
Air Cooled Chiller Services – Annual Cost per Chiller
Water Cooled Screw and Centrifugal Chiller Services – Annual Cost per Chiller
Water Cooled Magnetic Bearing Chiller Services – Annual Cost per Chiller
Heat Exchanger Services – Annual Cost per Heat Exchanger
Air Compressor Services – Annual Cost per Air Compressor
VFD’s and Pump Services – Annual Cost per VFD and Pump
Air – Water Separator Services – Annual Cost per Separator
Application of replica plants
Application of cobble stone
Application of woodchips
Application of boulders
Application of slurry
Striping -asphalt
Natural tree - small
Natural tree - med
Natural - large
Application of natural plants
Application of pavers
Field Surveyor Service
Application of Window Treatment
The ordering agency must verify all products and/or services are currently available on the base
General Services Administration (GSA) schedule.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 8
Only the following job titles are available within the scope of this CMAS:
Floor Covering Journeyman (So Cal)
Floor Covering Level 1 (So Cal)
Floor Covering Level 2 (So Cal)
Floor Covering Level 3 (So Cal)
Floor Covering Level 4 (So Cal)
Floor Covering Level 5 (So Cal)
Floor Covering Level 6 (So Cal)
Floor Covering Level 7 (So Cal)
Floor Covering Level 8 (So Cal)
Floor Covering Journeyman (Bay Area)
Floor Covering Level 1 (Bay Area)
Floor Covering Level 2 (Bay Area)
Floor Covering Level 3 (Bay Area)
Floor Covering Level 4 (Bay Area)
Floor Covering Level 5 (Bay Area)
Floor Covering Level 6 (Bay Area)
Floor Covering Level 7 (Bay Area)
Floor Covering Level 8 (Bay Area)
Floor Covering Journeyman (Sac)
Floor Covering Level 1 (Sac)
Floor Covering Level 2 (Sac)
Floor Covering Level 3 (Sac)
Floor Covering Level 4 (Sac)
Floor Covering Level 5 (Sac)
Floor Covering Level 6 (Sac)
Floor Covering Level 7 (Sac)
Floor Covering Level 8 (Sac)
Flooring Project Manager
Flooring Site Supervisor
Flooring Project Coordinator
Flooring Project Estimator
Turf Project Manager
Turf Site Supervisor
Turf Project Coordinator
Turf Project Estimator
Carpenter Journeyman
HVAC Installer
HVAC Laborer
HVAC Technician
HVAC Project Manager
Site Assessment Coordinator
Tile Layer Journeyman
Quality Control Supervisor
Safety Coordination Manager
Rendering Coordinator
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 9
Plumber/HVAC/Electrician
Plasterer Journeyman
Cement Mason Journeyman
Drywall Lather Journeyman
The ordering agency must verify the following current information about the job titles available in
the base schedule at the General Services Administration (GSA) eLibrary:
• Description of the functional requirements
• Minimum education and experience requirements
• Maximum pricing allowed (lower pricing acceptable)
FIND BASE SCHEDULE PRICING
Once on the Contractor Information page for a specific GSA schedule, the pricelist can be found
either in the Contractor Terms & Conditions (T&Cs)/Pricelist document or at GSA Advantage. The
Contractor T&Cs/Pricelist document is provided by the contractor as a requirement of GSA and
can be found under the Contractor T&Cs/Pricelist heading by clicking on the page icon.
If the contractor has products/services available for ordering on GSA Advantage, a ‘GSA
Advantage’ icon will be displayed. By clicking this image link, this will execute a search against
GSA Advantage. Depending on the category, whether product or service related, will return either:
1) If products, a listing of all products available for the contractor under this contract
2) If services, the same document provided under the column Contractor T&Cs/Pricelist by
clicking View Contractor Information and then View Contractor Catalog.
EXCLUDED PRODUCTS AND/OR SERVICES
The following products and services are not available under this CMAS:
The purchase of Information Technology (IT) hardware
Non-Information Technology consulting services
Public works services for State Agencies (except for resilient flooring, carpet, lighting
fixtures, and synthetic turf)
Surveillance Systems
Security and Detection Systems
Physical Access Control Systems
Complete Facilities Maintenance and Management
Smart Building Systems Integration
Specialty Equipment Service
HIC Testing Procedure
Application of Interior Paint
Application of Exterior Paint
Storage Service
Electric Vehicle (EV) Charging Basic - 240 V - Up to 400A
Electric Vehicle (EV) Charging Basic - 480 V - 400 to 2000A
Electric Vehicle (EV) Charging Stations - Level II - 240V
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 10
Electric Vehicle (EV) Charging Stations – Level III - 480V
Energy Efficiency Assessment I
Energy Efficiency Assessment 2
Energy Efficiency Assessment 3
Roof Mount Solar Option #1
Ground Mount Solar Option #2
Solar Carport Option #3
Procurement Coordinator
Submittals Coordinator
General Laborer Journeyman
General Laborer Material Handler Level 1
Drywall Installer Journeyman
Communications System Installer
Construction Project Supervisor
Project Specification Consultant
Project Design Consultant
Operating Engineer Journeyman
A/V Installer
Installer - Access Systems
Technician - Access Systems
Project Manager - Access Systems
Project Engineer - Access Systems
EV Installer
EV Technician
EV Project Manager
EV Project Engineer
Repair/Construction Laborer - Site Clean Up and Management
Repair/Construction Laborer - Journeyman
Repair/Construction Laborer - Skilled and Trained
Repair/Construction Laborer – Apprentice
Repair/Construction Laborer - Equipment Operator
Order-Level Materials (OLM)
ISSUE PURCHASE ORDER TO
Agency purchase orders must be sent to the following:
KYA Services, LLC
1800 E McFadden Avenue
Santa Ana, CA 92705-4708
Attn: Lisa Chavez
E-mail: lisa.chavez@thekyagroup.com
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 11
Agencies with questions regarding products and/or services may contact the CMAS contractor as
follows:
Contact: Lisa Chavez
Phone: (714) 659-6477
E-mail: lisa.chavez@thekyagroup.com
Website: https://www.thekyagroup.com/
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) 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 California
Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on
either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code 7063 or
19195. The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at their
website. The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use
Tax Delinquencies in California is available at their website.
CALIFORNIA SELLER’S PERMIT
The CMAS contractor’s California Seller’s Permit Number is 102-369022. Prior to placing an order
with this company, agencies must verify that this permit is still valid at the California Department of
Tax and Fee Administration website.
MINIMUM ORDER LIMITATION
The minimum dollar value of an order to be issued under this CMAS is $100.
CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the
base schedule.
The ordering agency is encouraged to seek prices lower than those in the base schedule. When
responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to
be competitive.
PRICE DISCOUNTS
This CMAS contains dollar volume and prompt payment discounts. See the base schedule for the
specific discount percentage.
DARFUR CONTRACTING ACT
This CMAS contractor has certified compliance with the Darfur Contracting Act, per PCC 10475. It
is the agency’s responsibility to verify that the contractor has a Darfur Contracting Act Certification
on file.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 12
IRAN CERTIFICATION
This CMAS contractor has certified compliance with the Iran Contracting Act, per PCC 2001-2008.
It is the agency’s responsibility to verify that the contractor has an Iran Contracting Act Certification
on file.
CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to PCC 2010 applicants must certify their compliance with the California Civil Rights laws
and Employer Discriminatory Policies (Civil Code 51, GC 12960). It is the agency’s responsibility to
verify that the contractor has a California Civil Rights Law Certification on file.
WARRANTY
For warranties, see the base schedule and the CMAS Warranty provision in the CMAS Special
Provisions.
CMAS contractor personnel shall have the experience, education, and expertise as defined in the
base schedule.
DELIVERY
As negotiated between agency and CMAS contractor and included in the purchase order.
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.
SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Origin. Buying agency pays the freight charges.
State agencies shall follow the instructions below whenever the weight of the purchase is
100 lbs. or more and F.O.B. Destination, Freight Prepaid is not used. This requirement is not
applicable to local government agencies.
All shipments will be made by ground transportation unless otherwise ordered on the purchase
order.
Traffic Management Unit (TMU) approval is not required for any Leveraged Procurement
Agreement negotiated by DGS; however, it is recommended that state agencies contact TMU for a
freight weight comparison using the Freight Analysis Worksheet on the TMU website, under the
“Forms” heading to ensure the state is getting the most reasonable shipping cost.
Note: If shipping charges for purchases weighing less than 100 lbs. appear to be excessive (e.g.,
$500 for a 5 lb. package where the shipping charge is a percentage of the cost of the item being
purchased), departments are encouraged to contact TMU for help to obtain more appropriate
pricing. TMU contact information can be found at the TMU website.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 13
PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency
purchasing authority threshold.
No CMAS order may be executed by a State agency that exceeds that agency’s purchasing
authority threshold, unless an exemption is granted by the Department of General Services (DGS)
Purchasing Authority Unit (PAU). State agencies with approved purchasing authority, along with
their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing
Authority website.
HOW TO USE CMAS
State agencies must adhere to the requirements in the State Contracting Manual (SCM) Volume 2,
Chapter 1600 and CMAS Ordering Instructions and Special Provisions when using CMAS.
• Develop an RFO, which includes a Scope of Work (SOW) and Bidder Declaration form. For
information on the Bidder Declaration requirements see SCM, Volume 2, Sections 305 and
1202.
• Clearly defined Tasks (what needs to be done) and Deliverables (outcome of each task, i.e.,
reports, procedures manual, etc.) must be included in the State’s SOW.
• A Work Order Authorization (WOA) may be used to document completion of pre-determined
tasks, but only if the tasks are clearly defined in the SOW. The WOA may be used to
approve release for the next phase of the agreement but cannot be used to identify any
tasks other than the ones called out in the SOW. The WOA will be signed by all parties and
may be submitted for progress payments under the award.
• Projects can be performed on a Fixed Price Per Deliverable (FP/D). Fixed Price; FP/D: A
defined service, or set of services, performed by Contractor in response to a defined task, or
set of tasks, at a specific fixed price, and delivered per a specific schedule. Note: When
using FP/D the Statement of Work must describe in detail the particular project and the work
that the selected Qualified Contractor will be required to perform.
• For Consulting or Personal services, do not include any labor categories/job titles or number
of hours limit in RFO Requirements or the SOW. The CMAS Contractor provides this
information in their Attachment B Cost Worksheet. The State does not have the expertise to
make this decision (GC 19130(b)).
• Search for potential CMAS contractors on the CMAS website and select “Find a CMAS
Contractor.”
• Request offers from a minimum of 3 CMAS contractors including one small business (SB)
and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to
sell the products and/or able to perform the services needed. (Government Code 14846(b)).
• A valid attempt must be made to secure offers from viable CMAS contractors who are able
to supply the goods and/or provide the services. Neither a lack of sufficient CMAS
contractors nor the use of restrictive requirements meets the intent for obtaining offers (SCM
Volume 2, Section 1670.2).
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 14
• If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise
Declarations form (Standard 843) in the RFO. This declaration must be completed by the
DVBE prime contractor and/or any DVBE subcontractors and submitted with the offer (SCM
Volume 2, Section 1201).
• This is not a bid transaction, so the small business preference, DVBE incentives, protest
language, intent to award, evaluation criteria, advertising, Administrative and Technical
Requirements, etc. are not applicable. (SCM Volume 2, Section 1603).
• If less than 3 offers are received, State agencies must document their file with the reasons
why the other suppliers did not respond with an offer. The reason must come from the
CMAS contractor.
• Assess the offers received using best value criteria including cost as one of the criteria
(SCM Volume 2, Section 1603).
• Issue a Purchase Order to the selected CMAS contractor.
• For CMAS transactions under $10,000, only one offer is required if the State agency can
establish and document that the price is fair and reasonable. The fair and reasonable
method can only be used for non-customizable purchases. See SCM Volume 2, Section
1510 for Fair and Reason criteria.
Local agencies must follow their own procurement regulations. For more information see the Local
Agency packet available online.
AGENCY RESPONSIBILITY
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 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 best interests,
obtaining required approvals, and documenting compliance with GC 19130.b(3) for outsourcing
services.
It is the responsibility of each agency to consult with their legal staff and contracting offices for
advice depending upon the scope or complexity of the purchase order. If legal services are not
available within your agency, DGS Office of Legal Services is available to provide services.
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential
conflict of interest issues. See the CMAS Special Provisions, Conflict of Interest, for more
information.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 15
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 per PCC
10329. Splitting a project into small projects to avoid either fiscal or procedural controls is
prohibited per State Administrative Manual (SAM) 4819.34.
This provision does not apply to local government agencies.
ORDERING PROCEDURES
1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the
applicable CMAS number as show on page 1.
a. State Departments:
Standard 65 Purchase Documents – State departments not transacting in FISCal must use
the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An
electronic version of the Standard 65 is available at the Department of General Services
(DGS), Procurement Division (PD) website, select Standard (STD) Forms.
FISCAL Purchase Documents – State departments transacting in FISCal will follow the
FISCal procurement and contracting procedures.
b. Local Government Agencies:
Local government agencies may use their own purchase order document for purchase
execution.
The agency is required to complete and distribute the purchase order. For services, the agency
shall modify the information contained on the order to include the service period (start and end
date), the monthly cost (or other intermittent cost), and any other information pertinent to the
services. The cost for each line item must be included in the order, not just system totals.
The contractor must immediately reject purchase orders that are not accurate. Discrepancies
are to be negotiated and incorporated into the purchase order prior to product delivery and
service implementation.
2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the
products or completion of the services may be after the CMAS expires (unless otherwise
specifically stated in the purchase order). Amending the purchase order to add quantity, time,
or money is not possible if the CMAS expired.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 16
3. Multiple CMAS Agreements on a Single Purchase Order
State agencies wishing to include multiple CMAS agreements on a single FISCal purchase
order must adhere to the following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor location.
• Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement
(LPA) number. The word “CMAS” signifies that the purchase order contains items from
multiple CMAS agreements. The purchasing agency may only use one bill code.
• For each individual CMAS, the agency must identify and group together the CMAS number
with the line items and subtotal per CMAS number (do not include tax in the subtotal), and
sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates
accurate billing of administrative fees by the Procurement Division.
• The total of all items on the purchase order must not exceed the State agency’s purchasing
authority dollar threshold granted by DGS PAU.
• Do not combine items from IT and non-IT CMAS agreements. An Information Technology
CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The
purchase order limits are different for these CMAS agreements.
4. Amendments to State Agency's Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.
SCM, Volume 2, Section 1605 provides the following directions regarding amendments to all
types of LPA purchase orders:
Original orders, which include options for changes (e.g., quantity or time), that were
assessed 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 Non-Competitively Bid is approved for those amendments.
Amendments unique to Non-IT Services:
If the original contract permitted amendments, but did not specify the changes, (e.g.,
quantity or time), it may be amended. Per PCC 10335 (d)(1), a contract may only be
amended once under this exemption. The time shall not exceed one year, or add not more
than 30 percent of the original order value and may not exceed $250,000. If the original
contract did not have language permitting amendments, the Non-Competitively Bid process
must be followed.
CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a large business enterprise.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 17
SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies must first consider offers from
small businesses that have established CMAS agreements (GC 14846(b)). NOTE: DGS auditors
will request substantiation of compliance with this requirement when agency files are reviewed.
CMAS Small Business and Disabled Veteran Partners can be found on the CMAS website by
selecting “Find a CMAS Contractor”.
In response to our commitment to increase participation by small businesses, the Department of
General Services waives the administrative fee (charged to customer agencies to support the
CMAS program) for orders to California certified small business enterprises.
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever
the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The
CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the
dollar amount the ordering agency can apply towards its SB or DVBE goal.
SMALL BUSINESS/DVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar
amount of the subcontract award made by the CMAS contractor to each SB or DVBE.
2. The CMAS contractor will provide an ordering agency with the following information at the time
the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the
overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or
DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and
DVBE Services that it intends to subcontract a commercially useful function to; and
ii. Include the SB or DVBE certification number of each company listed and attach a copy
of each certification; and
iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed
by the ordering agency towards the SB or DVBE goal; and
iv. Indicate what commercially useful function the SB 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.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 18
CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a
CMAS 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. It is unacceptable
to use fiscal agents in this manner because the agency is paying unnecessary administrative
costs.
WITHHOLD LANGUAGE (SB588)
Upon delivery or completion of ordered goods or services for which the Contractor committed to
DVBE subcontractor participation, state departments must require the Contractor to certify all the
following:
1. The amount and percentage of work the Contractor committed to provide to one or more
DVBEs under the requirements of the contract and the amount each DVBE received from the
Contractor.
2. That all payments under the contract have been made to the DVBE. Upon request, the
Contractor must provide proof of payment for the work.
In accordance with the Military and Veterans Code 999.7, state departments shall withhold
$10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails
to meet the certification requirements identified above. State departments shall notify the
Contractor of their failure to meet the certification requirements and give the Contractor an
opportunity to comply with the certification requirements. If after 30 calendar days from the date of
notice, the Contractor refuses to comply with the certification requirements, the state department
shall permanently deduct $10,000 from the final payment or the full payment if less than $10,000.
PRODUCT SUBSTITUTIONS
Substitution of Deliverables may not be tendered without advance written consent of the Buyer.
The Contractor must offer an equivalent or newer model of the product from the same
manufacturer at the same or lower price. Contractor cannot use any specification in lieu of those
contained in the Contract without written consent from the Buyer.
NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment must be new (or warranted as newly
manufactured) and the latest model in current production. Used, shopworn, demonstrator,
prototype, or discontinued models are not acceptable.
Where Federal Energy Management Program (FEMP) standards are available, all State agencies
shall purchase only those products that meet the recommended standards. All products displaying
the Energy Star label meet the FEMP standards.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 19
SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not
suitable for sale to others may require progress payments.
For a Non-IT goods CMAS, see the CMAS Non-IT Commodities Special Provisions, Provision #14,
Progress Payments.
TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The product description and trade-in allowance
must be identified on the purchase order.
Agencies are required to adhere to SAM 3520 through 3520.6, Disposal of Personal Property and
Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey
Report, Standard 152, must be submitted for approval prior to disposition of any State owned
personal property, including general office furniture regardless of the acquisition value, or if the
property was recorded or capitalized for accounting purposes.
STATE AGENCY BUY RECYCLED CAMPAIGN
State ordering agencies are required to report purchases made within the eleven product
categories in the California Department of Resources Recycling and Recovery’s State Agency Buy
Recycled Campaign per PCC 12200 through 12217.
Contractor will be required to complete and return a Recycled-Content Certification form upon
request by the state ordering agency.
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all newly installed technology systems,
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.
PRODUCT INSTALLATION
The CMAS contractor is fully responsible for all installation services performed under the CMAS.
Product installations must be performed by manufacturer authorized personnel and meet
manufacturer documented specifications.
The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses
required for the project.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 20
PILOT PROGRAM: ALTERNATIVE CONTRACTING PROCEDURES FOR PUBLIC WORKS
INSTALLATION
Public Contract Code (PCC) 10298.5 establishes a pilot program for alternative contracting
procedures for certain public works installations not including new construction. This program only
applies to the installation, or purchase and installation, of resilient flooring, carpet, lighting fixtures,
and synthetic turf. The program modifies existing rules which restrict State agencies from using
CMAS agreements for public works contracts wherein the cost of the public works services
exceeds the cost of the materials being purchased. State and local agencies should refer to PCC
Section 10298.5 for additional requirements including the requirement to notify the Department of
Industrial Relations in accordance with Section 1773.3 of the Labor Code.
This program expires January 1, 2028.
Suppliers and contracting agencies must comply with all requirements for this program as
defined in Public Contract Code 10298.5.
PUBLIC WORKS (INSTALLATION SERVICES ONLY)
A public works contract is defined as an agreement for “the erection, construction, alteration,
repair, or improvement of any public structure, building, road, or other public improvement of any
kind” in accordance with PCC 1101. State agencies planning these types of projects need to
review SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Visit the
DGS, Real Estate Services Division (RESD) website if you have questions about public works
transactions.
Agency CMAS purchase orders may allow for public works installation only when it is in support of
the products covered by this CMAS.
Agencies are to ensure that the applicable laws and codes pertaining to the contractor and
subcontractor licensing, prevailing wage rates, bonding, labor code requirements, etc. are adhered
to by the prime contractor as well as any subcontractor during performance under the CMAS
purchase order.
The bond amount for public works is not less than 100% of the purchase order price.
NOTE: In accordance with Labor Code (LC) 1773.2, the ordering agency is responsible for
determining the appropriate craft, classification or type of worker needed for any contract for public
works. Also, the agency is to specify the applicable prevailing wage rates as determined by the
Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage
rates, the agency may include a statement on the order that the prevailing wage rates are on file at
the agency’s office and will be made available upon request. The prevailing wage rates are
available from DIR at www.dir.ca.gov (select Statistics & Research).
Bonds: For guidelines, see CMAS, Special Provisions, Public Works Requirements.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 21
State Contractor’s License: Public works services can be obtained through CMAS only if
incidental to the overall purchase order. If incidental public works services are included in the
purchase order, prior to issuing the order agencies should visit the State Contractor’s License
Board website to verify that the Contractor’s License shown below is still active and in good
standing.
The CMAS contractor’s California Contractor's License number is 984827. This is a Class C15 -
Flooring and Floor Covering, B - General Building, C-61 / D12 - Synthetic Products, A - General
Engineering, C20 - Warm-Air Heating, Ventilating and Air-Conditioning, and C10 – Electrical
license that is valid through 06/30/2025.
NOT SPECIFICALLY PRICED 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.
CMAS contractors must be authorized providers of the hardware, software and/or services they
offer under the NSP Items provision.
Agency and CMAS contractor use of the NSP provision is subject to the following requirements:
1. Purchase orders containing only NSP items are prohibited.
2. A purchase order containing NSP items may be issued only if it results in the lowest overall
alternative to the State.
3. NSP items shall be clearly identified in the order. Any product or service already specifically
priced and included in the base schedule may not be identified as an NSP item.
4. NSP Installation Services: The CMAS contractor is fully responsible for all installation
services performed under the CMAS. Product installations must be performed by
manufacturer authorized personnel and meet manufacturer documented specifications. The
prime contractor, as well as any subcontractors, must hold any certifications and/or licenses
required for the project. The total dollar value of all installation services included in the
purchase order cannot exceed the dollar value of the products included in the purchase
order, nor can they exceed the NSP Maximum Order Limitation.
5. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP
items included in a purchase order shall not exceed $5,000. For orders exceeding
$250,000, and at the option of the contractor, the total dollar value of all NSP items in a
purchase order shall not exceed 5% of the total cost of the order or $25,000 whichever is
lower.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 22
6. An NSP item included in an order issued against this CMAS is subject to all of the terms and
conditions set forth in the CMAS.
7. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract
makes specific provisions for this action. In those instances, where it is permitted, the
purchase order must include the replacement item and a notation that the purchase involves
the swapping of a board.
The following NSP items are specifically excluded from any order issued under this CMAS:
1. Items not intended for use in direct support of the priced items included in the same order.
An NSP item must be subordinate to the specifically priced item that it is supporting. For
example, a cable, which is not otherwise specifically priced in the base schedule, is
subordinate to a specifically priced printer and is eligible to be an NSP item subject to that
cable meeting the remaining NSP requirements. However, a printer that is not otherwise
specifically priced in the base schedule, is not subordinate to a specifically priced cable and
is not eligible to be an NSP item.
2. Supply type items, except for the minimum amount necessary to provide initial support to
the priced items included in the same order.
3. Items that do not meet the Productive Use Requirements for information technology
products, per Statewide Information Management Manual Section 195.
4. Any other item or class of items specifically excluded from the scope of this CMAS.
5. Public Works and other services NOT in support of the products covered by this CMAS.
6. Products or services the CMAS contractor is NOT factory authorized or otherwise certified
or trained to provide.
7. Follow-on consultant services that were previously recommended or suggested by the same
CMAS contractor.
The CMAS contractor is required to reject purchase orders containing NSP items that do not
comply with the above requirements. The CMAS contractor will promptly notify the agency issuing
the noncompliant order of its rejection and the reasons for its rejection.
STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city,
county, city and county, district, or other local governmental body or corporation, including
Universities of California, California State Universities, K-12 schools, and community colleges
empowered to expend public funds. While the State makes this CMAS available, each local
government agency should make its own determination whether the CMAS program is consistent
with its procurement policies and regulations.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 23
PCC 10298 allows any city, county, city and county, district, or other local governmental body or
corporation empowered to expend public funds to contract with suppliers awarded CMAS without
further competitive bidding. See complete PCC 10298 language at the California Legislative
Information website.
PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without
further competitive bidding. See complete PCC 10299 language at the California Legislative
Information website.
SELF-DELETING BASE SCHEDULE TERMS AND CONDITIONS
Instructions or terms and conditions that appear in the Special Items or other provisions of the
base schedule and apply to the purchase, license, or rental (as applicable) of products or services
by the US 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, Federal Information
Resources Management Regulation, Federal Information Processing Standards, General Services
Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.
Federal blanket orders and small order procedures are not applicable.
ORDER OF PRECEDENCE
The CMAS Special Provisions take precedence if there is a conflict between the terms and
conditions of the contractor's base schedule, packaging, invoices, catalogs, brochures, technical
data sheets, or other documents (see CMAS Special Provisions, CONFLICT OF TERMS).
APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not 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 agreements; however, there is no guarantee that every requirement
that pertains to all State processes has been included.
PAYMENTS AND INVOICES
This CMAS contains prompt payment discounts. See the base schedule for the specific discount
percentage.
1. Payment Terms
Payment terms for this CMAS are net 45 days.
Payment will be made in accordance with the provisions of the California Prompt Payment Act,
GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly
submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods
or performance of services; or (2) receipt of an undisputed invoice, whichever is later.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 24
2. Payee Data Record (Standard 204)
State Agencies must obtain a copy of the Payee Data Record (Standard 204) in order to
process payments. State Ordering Agencies must forward a copy of the Standard 204 to their
accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State
Agencies should contact the CMAS contractor for copies of the Payee Data Record.
3. DGS Administrative and Incentive Fees
Orders from State Agencies:
DGS will bill each State agency directly an administrative fee for use of CMAS. The
administrative fee should NOT be included in the order total or remitted before an invoice is
received from DGS. This administrative fee is waived for CMAS purchase orders issued to
California certified small businesses.
Orders from Local Government Agencies:
CMAS contractors, who are not California certified small businesses, are required to remit to
DGS an incentive fee equal to a percentage of the total of all local government agency orders
(excluding sales tax and shipping) placed against their CMAS.
The incentive fee is waived for CMAS purchase orders issued to California certified small
businesses.
For more information on the incentive fees see the CMAS Management Guide.
4. Contractor Invoices
Unless otherwise stipulated, the CMAS 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:
• CMAS number
• Agency purchase order number
• Agency Bill Code (State Only)
• Line item number
• Unit price
• Extended line item price
• 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, purchase order and invoice must match, or the State
Controller’s Office will not approve payment.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 25
5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances,
i.e., between specific departments and certain types of non-profit organizations, or when paying
another government agency (GC 11256 through 11263 and 11019).
It is NOT acceptable to pay in advance, except software maintenance and license fees, which
are considered a subscription and may be paid in advance if a provision addressing payment in
advance is included in the purchase order.
Software warranty upgrades and extensions may also be paid for in advance, one time.
6. Credit Card
The CMAS contractor does not accept the State of California credit card (VISA CAL-Card).
7. Leasing/Financing
California State Agencies should use the Golden State Financial Marketplace (GS SMart)
program for all financing and leasing needs. California Local Government Agencies (counties,
cities, K-12 school districts, community colleges, California State Universities, Universities of
California, etc.) may utilize the GS SMart program for financing and leasing according to PCC
14937. The minimum dollar amount for Local Government Agency financing and leasing is
$100,000.
8. Lease/Purchase Analysis
California 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
3710).
For short-term rental equipment, the lease/purchase analysis must be approved by DGS Office
of Legal Services.
The lease/purchase analysis for all other purchases must be approved by the Department of
General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart
Unit via e-mail at SFM@dgs.ca.gov for further information.
9. Leasing
The State reserves the right to select the form of payment for all procurements, whether it is an
outright purchase with payment rendered directly by the State, or a financing/lease-purchase or
operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment
is via the financial marketplace, the CMAS contractor will invoice the State and the State will
approve the invoice. The selected Lender/Lessor for all product listed on the State’s
procurement document will pay the supplier on behalf of the State. Buyers may contact the GS
SMart Unit via e-mail at SFM@dgs.ca.gov for further information.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 26
10. Maintenance Tax
The California Department of Tax and Fee Administration has ruled that in accordance with
Section 1546 of the Sales and Use Tax Regulations of the Business Taxes Law Guide,
whenever optional maintenance contracts include consumable supplies, such supplies are
subject to sales tax.
Generally, the State has two options:
1. For agreements that provide for only 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 agreements that provide for both maintenance services and consumable supply items
(e.g., toner, developer, 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 used during the performance period of the maintenance contract.
The Contractor will be required to itemize the taxable consumables for State accounting
purposes.
OBTAINING COPY OF CMAS
A copy of this CMAS can be obtained at Cal eProcure. Links to the CMAS Special Provisions
conditions and base schedule are available on the front page of this CMAS agreement.
It is important for the agency to confirm that the required products, services, and prices are
included in the CMAS and are at or below base schedule rates. To streamline verification that the
needed items are in the base schedule, the agencies should ask the CMAS contractor to identify
the specific location in the base schedule that include the required products, services, and prices.
Once verified, agencies should save the information for their file documentation.
FEDERAL DEBARMENT
When federal funds are expended, the agency is required to obtain (retain in file) a signed “Federal
Debarment” certification from the CMAS 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).
CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.
AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit the DGS website.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 27
Information Regarding the Purchase and Installation of Floor Coverings
A contract for the purchase and installation of carpet and other floor coverings is a public works
contract as defined in Section 1101 of the Public Contract Code and, as such, requires certain
special conditions.
A state agency may not contract for the installation of carpet in a building (a capital improvement
to the building) that is not owned by the state. Carpet in leased facilities must be provided by the
lessor and is accounted for in the lease agreement and rate. Users should contact the building
manager and or the building owner when carpet is required.
A supplier or installer of carpet must be licensed by the State Contractors’ Licensing Board with a
C-15 Flooring and Floor Covering license which is current and in good standing. The supplier must
provide the license number and expiration date for themselves and for all subcontractors providing
installation services. This information shall be provided by the supplier on the “Contractors’ License
Requirements” form (see attached Sample A), which must be attached to each resulting carpet
order. A subcontractor is defined as anyone who will perform work, labor, or render services in an
amount in excess of one-half of one percent of the total order. Each subcontractor’s business
address and the portion of work that each will perform shall also be included on this form.
If the contract amount exceeds $5,000 (labor/installation costs), the supplier must furnish a
payment bond (Std. 807 - see attached Sample B) prior to the commencement of performance.
The payment bond shall be in a sum not less than one hundred percent (100%) of the contract
price. A blank copy of the Std. 807 form shall be provided to the supplier. In addition, the awarding
agency must notify the contractor that the contract is subject to state contractor nondiscrimination
and compliance requirements (see paragraph 42 of the CMAS Terms and Conditions).
The prevailing wage requirements apply and a list of prevailing wage rates must be available for
inspection. It is the ordering agency’s responsibility to provide a copy of the prevailing wage rates
to the contractor. The prevailing wage rates are available from the Department of Industrial
Relations, Prevailing Wage Unit at www.dir.ca.gov (select Statistics & Research) or at (415) 703-
4774.
Agencies should be aware that there are certain requirements that pertain to floor coverings
included in the Americans with Disabilities Act of 1992 (ADA). Some of these requirements pertain
to carpet pile height (not to exceed 1/2” in height), fastening exposed carpet edges to floor, and
changes in floor level not to exceed 1/2” beveled. It is the responsibility of the agency to comply
with these requirements. Detailed information relative to carpet installation and ADA requirements
can be obtained from the State Architect, Access Compliance Unit, at (916) 445-7523.
Agencies should be aware that old flooring material (tiles, glues, cove base, etc.) may contain
asbestos and could present significant problems in the removal of old flooring material and in the
installation of new carpet. Users should determine the presence or absence of asbestos containing
material in their existing flooring materials and act accordingly before placing orders for carpet.
It is strongly recommended that new carpet not be installed over existing carpet due to potential
conflicts with the Americans with Disabilities Act, and various fire, health and safety codes.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 28
The moisture content of the slab over which the carpet is to be installed must be within the limits
allowed by the carpet manufacturer and/or glue manufacturer. The testing of slab moisture content
can be performed by either the agency ordering the carpet or by the carpet supplier.
The agency should provide for a site inspection prior to issuing an order for the carpet desired and
should use a checklist similar to the one attached (see attached Sample C). Additions, changes,
modifications to the checklist should be made as necessary. The agency should inspect and
monitor the progress of the installation to prevent problems.
The prime responsibility for contract performance rests with the contract holder, who shall be the
primary contact point for problem resolution. This contract is structured such that the user may
purchase carpet only or carpet installed from the supplier. In no case is the supplier allowed to
deny installation of the carpet selected by any user for any location. Installation services may not
exceed an amount equal to the cost of the carpet and, when identified, will be paid for in the cost of
the CMAS order. Typically, the price schedule will contain pricing for “clean floor” (new) installation
only. However, agencies may use the Not Specifically Priced (NSP) provision for “unclean floor”
installation services, as well as products. The total dollar value of all installation services, on clean
and/or unclean surfaces, using line item and/or NSP pricing, must not exceed 50% of the order’s
total value.
The cost of installation and any ancillary supplies/services is not included in the base price of the
carpet and may be obtained from the price schedule if listed, or can otherwise be included via the
NSP provision.
It is incumbent upon the user to identify whether the costs for installation and other requirements
are fair and equitable. The following chart is provided to give an approximation of the costs for
installation in several typical state locations.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 29
ESTIMATED CARPET INSTALLATION COSTS
(NOTE: THESE ARE APPROXIMATIONS ONLY, NOT ACTUAL CONTRACT INSTALLATION
PRICES. DOES NOT INCLUDE COST OF NEW CARPET.)
BASED ON WEEKDAY INSTALLATION, NORMAL WORKING HOURS, PREVAILING WAGE, NO
UNIQUE CONDITIONS
Description Of Installation Estimated Installation Cost
(per square yard)
General Office Space
New Construction
Clean Floor
Install New Carpet Direct Glue Down or Full Spread Release Adhesive
Non-Patterned Carpet
Broadloom $4.00
Modular (Tile) $4.00
General Office Space
No Furniture Moving
Remove Old Direct Glue Carpet
Install New Carpet Direct Glue Down or Full Spread Release Adhesive
Non-Patterned Carpet
Broadloom $5.00
Modular (Tile) $5.00
General Office Space
Moving of Conventional Furniture
Remove Old Direct Glue Carpet
Install New Carpet Direct Glue Down or Full Spread Release Adhesive
Non-Patterned Carpet
Broadloom $10.00
Modular (Tile) $10.00
General Office Space
Moving of Modular (Panels And Components) Furniture
Remove Old Direct Glue Carpet
Install New Broadloom Carpet Direct Glue Down
Non-Patterned Carpet
Broadloom $5.00
Plus $300.00-$400.00 Per Workstation
General Office Space
Lifting of Modular (Panels And Components) Furniture
Remove Old Direct Glue Carpet
Install New Modular Carpet Full Spread Release Adhesive
Modular (Tile) $11.00
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 30
CARPET TYPES FOR GIVEN AREAS (GENERAL GUIDELINE ONLY)
Area To Be Carpeted Carpet Type
General Office
(Example: General State Offices with No
Or Light To Medium Public Traffic)
26-28 Ounce Broadloom, Commercial Grade, Loop Pile, Nylon, Dupont
Lumina or Legacy Or Basf 2000zx Yarn System. Installation by Direct Glue
Down.
Or
26-28 Ounce Modular (Carpet Tile), Commercial Grade, Loop Pile, Nylon,
Dupont Lumina or Legacy Or Basf 2000zx Yarn System. Installation With Full
Spread Of Release Adhesive.
Executive Offices
(Example: Director’s Office, Deputy
Directors, Agency Personnel
28-32 Ounce Broadloom, Commercial Grade, Tufted Graphics Design, Loop
Pile, Nylon, Dupont Lumina or Legacy Or Basf 2000zx Yarn System.
Installation by Direct Glue Down.
Or
28-32 Ounce Modular (Carpet Tile), Commercial Grade, Tufted Graphics
Design, Loop Pile, Nylon, Dupont Lumina or Legacy Or Basf 2000zx Yarn
System. Installation With Full Spread Of Release Adhesive.
State Owned Residences 34 Ounce Broadloom, Tufted, Commercial Grade, Cut and Loop Pile. Yarn to
Be Branded Nylon, Any Conventional Dye Method. Installation Stretch In
Over 3/8 Inch, 100% Synthetic Carpet Cushion, 28 Ounce Per Square Yard
Nominal, 6.2 Pound Per Cubic Foot, Meeting Astm E648 Class 1 Radiant Panel
Test.
Temporary Buildings Including Mobile
And Modular Facilities
20 Ounce Broadloom, Tufted, Commercial Grade, Loop Pile, Branded,
Solution Dyed Nylon. Installation By Direct Glue Down.
Very High Traffic Areas
(Example: Medium To Heavy Use Public
Areas, Airports, College/University Food
Service Areas, Dormitories
20 Ounce Broadloom, Tufted, Structured Back, Commercial Grade, Nylon,
Dupont Lumina or Legacy Or Basf 2000zx Yarn System. May Include High
Density Urethane or Vinyl Chloride Pad Backing. Seams Should Be Capable of
Sealing (Weld Together). Installation By Direct Glue Down
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 31
SAMPLE A
CONTRACTORS’ LICENSE REQUIREMENTS
The work described in this order requires a valid California Contractor’s License (C-15 Flooring and
Floor Covering). If subcontractors are to be used, they must also possess valid State Contractors’
Licenses appropriate to their scope of work, and they must be listed below.
Supplier’s Contractor’s License Number:
License Issued to Whom:
Class / Type of License:
Expiration Date of License:
Work to be Performed:
Subcontractor’s Name and Address:
License Number:
Class / Type of License:
Expiration Date of License:
Work to be Performed:
WORKMEN’S COMPENSATION CERTIFICATION
The undersigned hereby certifies the following:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to
be insured against liability for workmen’s compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work of this order.
Signature of Supplier Date
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 32
SAMPLE B
PAYMENT BOND TO ACCOMPANY CONSTRUCTION CONTRACT
(Public Contract Code Sections 7103 and 10221)
BOND Number:
The premium on this bond is for the term
Know All Men By These Presents:
That The State of California, acting by and through the ,
has awarded to whose
address is as Principle, a contract
for the work described as follows:
Project Title:
Project Location:
WHEREAS, the provisions of Public Contract Code Section 7103 and 10221 require that the Principle file a bond in connection with said contract and this bond is executed and tendered in accordance therewith.
NOW THEREFORE, Principle and , a Surety
Corporation organized under the laws of and
authorized to transact a generalsurety business in the State of California, as Surety, are held
and firmly bound to the People of the State of California in the penal sum of
( ), for which payment we bind ourselves, our
heirs, executors, administrators, successors and assigns jointly and severally, firmly by these
presents.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 33
SAMPLE B
THE CONDITION OF THIS OBLIGATION IS SUCH,
1. That if said Principle or its subcontractors shall fail to pay any of the persons named in Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principle and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety herein will pay for the same, otherwise this obligation is to be void. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to be fixed by the court.
2. This bond shall insure to the benefit of any persons named in Civil Code Section 9100 as to give a right of action to such persons or their assigns in any suit brought upon this bond.
3. The aggregate liability of the Surety hereunder, including costs and attorney fees, on all claims whatsoever shall not exceed the penal sum of the bond in accordance with the provisions of Section 996.470(a) of the Code of Civil Procedure.
4. This bond is executed by the Surety, to comply with the provisions of Public Contract Code Sections 7103, 10221 and 10222, Chapter 5, Title 3, Part 6, Division 4 of the Civil Code and of Chapter 2, Title 14, Part 2 of the Code of Civil Procedure and said bond shall be subject to all of the terms and provisions thereof.
5. This bond may be cancelled by the Surety in accordance with the provisions of Section 996.310 et seq. of the Code of Civil Procedure.
6. This bond to become effective
(NAME OF SURETY) (ADDRESS)
I certify (or declare) under penalty of perjury that I have executed the foregoing bond under an unrevoked power of attorney.
Executed in on
(CITY AND STATE) (DATE)
(SIGNATURE OF ATTORNEY IN FACT) (PRINTED OR TYPED NAME OF ATTORNEY IN FACT)
STATE OF CALIFORNIA
STD. 807 (REV 2/14)
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 34
SAMPLE C
CARPET INSTALLATION REQUIREMENTS
Requirement Items
Required Yes
Items
Required
No
Performed By
Vendor
Performed By
Agency
Standard office furniture to be removed and replaced
(excluding copiers, computers, personal items and plants).
Vendor to provide all equipment and labor.
Remove existing:
carpet , pad , tile
Disposition: To State
Remove from State Premises
Raise and reset monuments.
Prepare floor and strip wax and other coatings and debris
using commercial stripper. Follow stripper and carpet
manufacturer’s recommendations.
Remove trim, rehang doors and replace doorstops (except
metal doors to be trimmed by State.
Inspection of floor preparation by Building Manager.
Reducer strips (metal , plastic ) to be installed in
accordance with the manufacturer’s recommendations and in
accordance with approved broadloom seaming diagrams.
Tack strips to be installed.
Pad to be installed.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 35
Requirement Items
Required Yes
Items
Required
No
Performed By
Vendor
Performed By
Agency
Cove base, rubber or vinyl
Furnish and install
Color: brown , black
other
Size: 6” , 4” , 2”
other
Remove existing base
Trim cove on existing base
Other (explain)
All spots and smears of floor adhesives and seam cement to
be removed.
Remove all scraps and extraneous items from State premises
upon completion of the installation and protect all adjacent
areas from damage.
Leave overage with Building Manager.
Work to be performed on other than regular working hours.
Nights Weekends
Floor duct covers, contact:
Building Manager
Other
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NUMBER 4-20-78-0089C, SUPPLEMENT NUMBER 7
December 18, 2024 Ordering Instructions and Special Provisions 36
SAMPLE C (continued)
Carpet Installation Instructions Continued
COORDINATION AND INSPECTION OF WORK
Site Inspection:
A job walk-through for the purpose of inspecting the installation site will be conducted
on at at .
The walk-through inspection will be conducted by .
Failure to inspect the installation site in no way relieves the supplier from obligations
as stated in this order.
Installation Coordination:
(Name) (Title)
at (Agency) , telephone ( )
will be responsible for coordination of all installation work. Within 10 days after receipt
of a purchase order, the supplier shall contact (Name)
to coordinate an acceptable installation schedule.
No installation work shall commence without the Building Manager’s advance
approval of the schedule.
Inspection of Installation Work:
Check here if any deficiencies in materials and/or workmanship are noted during
inspection of the work in progress. The agency will immediately notify the supplier of
these problems.
The supplier shall request an inspection after % of the work has been
completed.
This inspection will be made jointly by the supplier and a designee of the agency.
(Name) , (Title) ,
will be responsible for performing initial, continuing, and final inspection of the
installation work by the supplier.