CONTRACT AWARD NOTIFICATION

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1 State of New York Executive Department Office Of General Services Procurement Services Group Corning Tower Building - 38th Floor Empire State Plaza Albany, New York CONTRACT AWARD NOTIFICATION Title : Group STACKING CHAIR ASSEMBLIES Award Number : 01054CI (Replaces 3405-CI) Contract Period : August 1, 2001 to July 31, 2003 Bid Opening Date : April 19, 2001 Date of Issue : August 14, 2001 Specification Reference : As incorporated in the IFB Address Inquiries To: Name : Title : Phone : Fax : All State Agencies Richard W. Newton Purchasing Officer I richard.newton@ogs.state.ny.us Parts and assemblies to construct several varieties of stacking chairs by NYS DOCS Division of Industries PR # CI (continued)

2 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 2 CONTRACT # CONTRACTOR & ADDRESS & MFR. TELEPHONE # FED.IDENT.# PC58105 OEI DIVISION (888) KRUEGER INTERNATIONAL (920) Bellevue Street Fax (920) Green Bay WI Scott Krueger scott.krueger@ki.com Cash Discount, If Shown, Should be Given Special Attention. INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT. AGENCIES SHOULD NOTIFY THE PROCUREMENT SERVICES GROUP PROMPTLY IF THE CONTRACTOR FAILS TO MEET THE DELIVERY TERMS OF THIS CONTRACT. PRODUCT WHICH DOES NOT COMPLY WITH THE SPECIFICATIONS OR IS OTHERWISE UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO THE PROCUREMENT SERVICES GROUP. NOTE TO ALL CONTRACT USERS: The terms and conditions of the solicitation which apply to the award appear at the end of this document. We strongly advise all contract users to familiarize themselves with all terms and conditions before issuing a purchase order. PRICE: Price includes all customs duties and charges and be net, FOB destination Great Meadow Correctional Facility, Division of Industries, Outside Warehouse, Lock 11 Road, Comstock, NY including tailgate delivery (forklift available).

3 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 3 LOT I - KITS FOR ASSEMBLING DAKOTA HIGH DENSITY STACKING CHAIRS Item Item/ NYS Net 1. Assembly components for Stacking Chair with Polypropylene Seat and Back with Security Frames using tabs and pop rivets, notched, and made to accommodate non-marring, snapon glides. (NOT Upholstered). Includes all necessary hardware. 1A. Armless - List of component parts: Rivet $ Nut P Glide Bumper XXNLX Seat XXX Back S.XXX Frame Name and Model Number of Complete Chair: Dakota Poly Stacking Security Frame: MXST/TPXX/XXXX 1B. With Arms - List of component parts: Rivet $ TR Screw Nut P Glide Bumper XXX Arm Cap XXNLX Seat XXX Back AS.XXX Frame Name and Model Number of Complete Chair: Dakota Poly Stacking Security Frame: MXAST/TPXX/XXXX

4 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 4 LOT I - (cont'd) Item Item/ Net State 2. Assembly components for Stacking Chair with fixed Polypropylene Seat and Back designed for fabric or vinyl upholstery with foam cushions (however, upholstery and cushions will not be required by Correctional Industries), with Security Frames using tabs and pop rivets, notched, and made to accommodate non-marring, snap-on glides. Includes all necessary hardware. 2A. Armless - List of component parts: Rivet $ Screw Nut P Glide BL Bumper Seat Board XXX Back XXNLX Seat S.XXX Frame Name and Model Number of Complete Chair: Dakota Poly fixed Seat & Back Stacking Security Frame: MXFSST/TPXX/F/XXXX 2B. With Arms - List of component parts: Rivet $ Screw TR Screw Nut P Glide BL Bumper Seat board XXX Arm Cap XXX Back XXNLX Seat AS.XXX Frame Name and Model Number of Complete Chair: Dakota Poly fixed Seat & Back Stacking Security Frame: MXFS- PAST/TPXX/F/XXXX

5 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 5 LOT I - (cont'd) Item Net State 3. Tablet Arms, includes all necessary hardware for Items 1 & 2. Colors: Black, Fog, Oak, and Sand. 3A. MXTL.CH.LXX Dakota Flip-up Tablet Arm Left Arm $ B. MXTR.CH.RXX Dakota Flip-up Tablet Arm Right Arm Assembly components for Frames to accommodate Ganging Glides - includes all necessary hardware Screw $ F Lexan Glide M Lexan Glide 0.53 Name and Model Number of Complete Frame: See New York Dakota Component Price List, dated 4/10/01 for name, model number and pricing of various frames. PRICE LIST - New York Dakota component Price List dated 4/10/01 Guaranteed Delivery, Lot I: 30 Days A/R/O

6 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 6 LOT II - KITS FOR ASSEMBLING PERRY HIGH DENSITY STACKING CHAIRS. Item Item/ Net State 5. Assembly components for Polypropylene Stack Chair, non-ganging, polyethylene glides. Includes all necessary hardware. 5A. Armless - List of component parts: PRY Screw $ Nut P Glide Bumper XXX Back XXX Seat Back XXNLX Seat XXX Frame Name and Model Number of Complete Chair: Perry Armless Stack Chair - CI-PRY-P/PXX/XX 5B. With Arms - List of component parts: PRY Screw $ TR Screw Nut XXX Arm Bottom XXX Arm Cap Glide XXX Black XXX Seat Back XXNLX Seat XXX Frame Name and Model Number of Complete Chair: Perry Stacking Armchair - CI-PRY-PA/HXX/XX

7 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 7 LOT II (Cont d) Item Item/ Net State 6. Assembly components for Stacking Chair with fixed Polypropylene Seat and Back designed for fabric or vinyl upholstery with foam cushions (however, upholstery and cushions will not be required by Correctional Industries) non-ganging, non marring, snap-on glides. Includes all necessary hardware. 6A. Armless - List of component parts: TP Screw (Security) $ T-Nut PRY Screw Nut Tap Screw X Seat Board X Back Board P Poly Glide Stacking Bumper XXX Back Panel XXX Pierced Back XXX Pierced Seat XXX Frame W/O Arms Name and Model Number of Complete Chair: Perry fixed seat and back armless tack chair: CI-PRYFSB-P/PXX/NY 6B. With Arms - List of component parts: Scuff Protector $ TP Screw (Security) T-Nut PRY Screw TR Torx Driv Nut Tap Screw XXX Arm Bottom XXX Arm Top Glide X Seat Board X Back Board XXX Back Panel XXX Pierced Back XXX Pierced Seat XXX Frame Name and Model Number of Complete Chair: Perry fixed seat and back stacking armchair: CI-PRYFSB-PA/HXX/NY

8 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 8 LOT II - (Cont'd) Item Item/ Net State 7. Assembly components for Tablet Arms for Items 5A and 5B, includes all necessary hardware. 7A. Right-hand - List of component parts: Screw $ Clip Bracket Brushing Frame Right T4FR.XXX Arm Right Name and Model Number of Complete Right-Hand Tablet Arm: Perry Right Hand Tablet Arm CIPRY.TR.CH.XXX 7B. Left-hand - List of component parts: Screw $ Clip Bracket Bushing Frame Left T4FL.XXX Arm Left Name and Model Number of Complete Left-Hand Tablet Arm: Perry Left Hand Tablet Arm CIPRY.TL.CH.XXX 8. Chrome Bookrack $ Name and Model Number of Bookrack: Perry bookrack PRY.BRK.CH 9. Non-ganging Armless Chair Transport Dolly $ Name and Model Number of Dolly: Perry Non-ganging Armless Chair Transport Dolly - PRY.D.BL 10. Armchair Transport Dolly $ Name and Model Number of Dolly: Perry Arm Chair Transport Dolly - PRY.DA.BL Price List: New York Perry Component Price List, dated 4/10/01 - Applicable Pages: 1-4 Guaranteed Delivery Lot II: 30 Days A/R/O

9 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 9 LOT III - KITS OF COMPONENT PARTS FOR ASSEMBLING ALTA OCCASIONAL SEATING CHAIRS. Item Item/ Net State 11. Assembly components for Open Leg Stacking Chair, ganging, includes all necessary hardware. 11A. Armless List of component parts: Seat Board $ Back Board XX Back Shroud T-Nut (Back Board) T-Nut Screw Screw BL Seat Liner G.XXX Ganging Frame V Screw 0.02 Name and Model Number of Complete Armless Chair: Alta Armless Stack Chair ALT1NAG/XX/XX 11B. With Arms List of component parts: Seat Board $ Back Board XX Back Shroud T-Nut (Back Board) T-Nut Screw Screw Female Arm Ganger Male Arm Ganger BL Seat Liner XXX Leg Frame V Screw 0.02 V N Screw Bushing 0.02 Name and Model Number of Complete Chair with Arms: Alta Stacking Armchair ALT1WAG/XX/XX

10 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 10 LOT III (cont d) Item Item/ Net State 12. Assembly Components for Sled Base Chair, includes all necessary hardware. 12A. Armless, non-ganging: - List of component parts: Seat Board $ Back Board XX Back Shroud T-Nut (Back Board) T-Nut Screw Screw BL Seat Liner XXX Leg Frame V Screw 0.02 Name and Model Number of Complete Armless Chair: Alta Armless Sled Base Chair ALT1NAS/XX/XX 12B. With Arms, ganging - List of component parts: Seat Board $ Back Board XX Back Shroud T-Nut (Back Board) T-NUT Screw Screw Female Arm Ganger Male Arm Ganger ,4960BL Seat Liner XXX Leg Frame V Screw 0.02 V N Screw Bushing 0.02 Name and Model Number of Complete Chair with Arms: Alta Sled Base Armchair - ALT1WASG/XX/XX

11 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 11 LOT III (cont d) Item Item/ Net State 13. Assembly Components for Tablet Arm Chairs 13A. Right-Hand Tablet Arm Chair, includes all necessary hardware: Seat Board $ Back Board XX Back Shroud Screw T-Nut (Back Board) T-Nut Nut Screw ¼-20 x ½ HBH CAPU XX Bushing BL Stack Button BL Plate BL Seat Liner R.XX.XX Right-Tablet Frame T4FR.XX Tablet Arm-Right V Carriage Bolt 2.66 V Lockwasher 0.02 V Screw 0.02 Name and Model Number of Complete Right-Hand Tablet Arm Chair: Alta Chair w/right hand Tablet Arm ALT1TAR/XX/XX 13B. Left-Hand Tablet Arm Chair, includes all necessary hardware: Seat Board $ Back Board XX Back Shroud Screw T-Nut (Back Board) T-Nut Nut Screw ¼-20 x ½ HBH CAP U XX Bushing BL Stack Button BL Plate BL Seat Liner L.XX.XX Left-Tablet Frame T4FR.XX Tablet Arm-Left V Carriage Bolt 2.66 V Lockwasher 0.02 V Screw 0.02 Name and Model Number of Complete Left-Hand Tablet Arm Chair: Alta Chair w/left Hand Tablet Arm- ALT1TAL/XX/XX

12 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 12 LOT III (cont d) Item Item/ Net State 14. Chair Dolly $94.98 Name and Model Number of Chair Dolly: Alta Chair Dolly MVP.BL Price List: New York Alta Component Price List Dated 4/10/01 Guaranteed Delivery Lot III: 30 Days A/R/O LOT IV - POLYPROPYLENE CHAIR SHELL 15. One piece, high-impact, polypropylene chair 1000 Series Chair Shell. Chair shell is available in colors as selected by the ordering Correctional Facility from the manufacturer s standard color offerings. Attachment hardware (screws) are not required. Minimum order shall is 12 chair shells. $ 6.00 Name and Model Number of Chair Shell: 1000 Series Chair Shell XXNL Price List: KI General Price List Dated 4/10/01, Applicable Pages Net price = List Price +5%, -50/10/10% Guaranteed Delivery Lot IV: 30 Days A/R/O

13 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 13 REQUEST FOR CHANGE: Any request by the agency or contractor regarding changes in any part of the contract must be made in writing to the Office of General Services, Procurement Services Group, prior to effectuation. CONTRACT PAYMENTS: Payments cannot be processed by State facilities until the contract products have been delivered in satisfactory condition. Payment will be based on any invoice used in the supplier's normal course of business. However, such invoice must contain sufficient data including but not limited to Contract No., description of product, quantity, unit and price per unit as well as Federal Identification Number. State facilities are required to forward properly completed vouchers to the Office of the State Comptroller for audit and payment. All facilities are urged to process every completed voucher expeditiously giving particular attention to those involving cash discounts. If the contract terms indicate political subdivisions and others authorized by law are allowed to participate, they are required to make payments directly to the contractor. Prior to processing such payment the contractor may be required to complete the ordering non-state agency's own voucher form. NOTE TO CONTRACTOR: This Contract Award Notification is not an order. Do not take any action under this contract except on the basis of a purchase order from the agency. If a purchase order is not received from the agency listed within two weeks after receipt of this award, the contractor should contact the agency directly requesting the submission of a purchase order. The Agency contact person is Nancy Abraham, who can be reached at 518/ ext NOTE TO CONTRACTOR: In the event a specified manufacturer's product listed in the Contract Award Notification becomes unavailable or cannot be supplied to the State by the contractor for any reason (except as provided for in the Savings/Force Majeure clause in Appendix B, OGS General Specifications) a product deemed by the Office of General Services to be equal to or better than the specified product must be substituted by the contractor at no additional cost or expense to the State. MINIMUM ORDER: Minimum order for LOT I, LOT II, and LOT III is $ (one hundred dollars). Minimum order for LOT IV is 12 (twelve) chair shells. CONTRACTOR'S NOTES: 1. Contractor shall furnish the agency with written acknowledgement of the shipping date at least two weeks prior to shipment. Failure to comply may be cause for the initiation of contract default proceedings. 2. If shipment will not be made within the guaranteed delivery time; the contractor is required to notify the agency in writing at least two weeks prior to the latest date of the original delivery obligation. This notification must include the reasons for the delay and the latest date the material will be shipped. Should the delay be intolerable to the using agency, appropriate contract default proceedings will be initiated. Failure to supply timely written notification of delay may be cause for default proceedings. All correspondence for the aforementioned two points shall be directed to: Department of Correctional Services Division of Industries 550 Broadway Albany, NY ATTN: Nancy Abraham

14 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 14 CONTRACT PERIOD AND RENEWAL: This contract is for a term of two (2) years; however, the State may unilaterally cancel the contract on a monthly basis any time after the initial twelve (12) months by providing written notification at least three (3) months prior to the requested date of cancellation. Cancellation will become effective the first of the month following the 3-month notification. The minimum term of the contract shall be twelve (12) months. This provision does not affect the State's right of suspension or cancellation contained in the "Suspension of Work" and "Cancellation" clauses in Appendix B, OGS General Specifications. Prices are firm for the entire period of the contract. Price escalation or discount reduction is not allowed. Price decreases or discount increases are permitted at any time. If mutually agreed between the Procurement Services Group and the contractor, the contract may be renewed under the same terms and conditions for an additional period not to exceed twenty-four (24) months. SHORT TERM EXTENSION: In the event the replacement contract has not been issued, any contract let and awarded hereunder by the State, may be extended unilaterally by the State for an additional period of up to one month upon notice to the contractor with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such one month extension), prices, and delivery requirements. With the concurrence of the contractor, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement contract be issued in the interim. WARRANTIES: See "Warranties" and "Year 2000 Warranty" in Appendix B, OGS General Specifications. Normal wear and tear items shall be warranted in accordance with manufacturer's standard warranty. Where accessories are to be supplied, they must be compatible with the rest of the product. TECHNICAL ASSISTANCE: Contractor will provide on-site technical assistance at Great Meadow Correctional Facility, Comstock, NY 12821, for a minimum period of one (1) week. Technical assistance will include advice in manufacturing and upholstery. Advice will encompass, equipment set-up and shop floor product flow and other activities related to successful manufacture of the proposed seating lines. Contractor is required to respond to requests for emergency assistance within 72 hours of being notified by Corcraft.

15 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 15 ANSI/BIFMA COMPLIANCE: All parts bid must meet current ASTM and/or ANSI/BIFMA criteria for the individual parts and the chair when completely assembled (some DOCS CI produced parts may be included in the assembly) must meet the criteria in the ANSI/BIFMA X The contractor shall provide all technical assistance required by DOCS CI to achieve ANSI/BIFMA compliance. Immediately upon award of this contract, Correctional Industries will assemble samples of each of the chairs they plan to market and submit them to be tested in accordance with ANSI/BIFMA X by an accredited laboratory at their expense. If any chair fails this test the suspect part(s) shall be examined to determine if the fault was due to defect or inadequacy of the part. If the suspect part was supplied by the contractor, it shall be replaced with either a non-defective part or a proper part which will meet the test standards. The new part, whether a direct replace or a new part, shall be provided for the entire contract period at the same price as the original part bid. The chair shall then be resubmitted for testing at the contractor's expense. Contract parts in inventory (stockroom or part of assembled chairs) shall be either a) if the tested part was defective, be examined and replaced as necessary or b) if the part needed to be changed, replaced with the proper part. If the suspect part was produced by Correctional Industries, the contractor shall provide technical assistance to correct the problem. Retest then shall be at Correctional Industries expense. The level of retesting (whole or partial chair assembly) shall be as determined by the testing laboratory. INSURANCE AND INDEMNIFICATION: In addition to any requirements in Paragraphs 67 and 71 of the Appendix B, General Specifications, the following shall be complied with: Coverage for "Product Liability" is required as defined in New York State Insurance Law Section 107 (48). At or before the bid opening, the bidder shall provide to The People of the State of New York, Office of General Services (hereinafter referred to as OGS ), Certificates of Insurance evidencing compliance with all requirements contained in this Contract. Such Certificates shall be of form and substance acceptable to OGS. Acceptance and/or approval of the Certificate, or Certificates, by OGS does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Contract. All insurance required by the Contract shall be 1) obtained at the sole cost and expense of the Contractor; 2) shall be maintained with insurance carriers licensed to do business in New York State, and acceptable to OGS; 3) shall be primary and non-contributing to any insurance or self insurance maintained by The People of The State of New York; 4) shall be endorsed to provide written notice be given to Correctional Industries at least thirty (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail shall be sent to Nancy Abraham, New York State Dept. of Correctional Services, Div. of Industries, 550 Broadway, Albany, NY ; 5) and shall name The People of the State of New York, its officers, agents, and employees as additional insureds thereunder (General Liability Additional Insured Endorsement shall be on Insurance Service Office s (ISO) form number CG ). The Contractor shall be solely responsible for the payment of all deductibles and self insured retentions to which such policies are subject. Deductibles and self-insured retentions must be approved by OGS. Such approval shall not be unreasonably withheld. The Contractor shall require that any subcontractors hired, carry insurance with the same limits and provisions provided herein. Each insurance carrier must be rated at least A- Class VII in the most recently published Best s Insurance Report. If, during the term of the policy, a carrier s rating falls below A- Class VII, the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least A- Class VII in the most recently published Best s Insurance Report.

16 GROUP STACKING CHAIR ASSEMBLIES AWARD PAGE 16 INSURANCE AND INDEMNIFICATION (cont'd): The Contractor shall cause all insurance to be in full force and effect as of the commencement date of this Contract and to remain in full force and effect throughout the term of this Contract or the date of last delivery whichever is later. As further required by this Contract, Products - Completed Operations coverage will be maintained for a period of not less than 5 years from the time this Contract is completed or until the end of the manufacturers stated warranty period, whichever is later. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverage during the period of time such coverages are required to be in effect. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply Correctional Industries updated replacement Certificates of Insurance, and amendatory endorsements. Correctional Industries may request Certificates of Insurance during the term of the contract as it deems necessary. The Contractor, throughout the term of this Contract, or as otherwise required by this Contract, shall obtain and maintain in full force and effect, the following insurance with limits not less than those described below and as required by the terms of this Contract, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies): a) Commercial General Liability Insurance with a limit of not less than $5,000,000 each occurrence. Such liability shall be written on the ISO occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, productscompleted operations, broad form property damage, personal & advertising injury, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage. 1. If such insurance contains an aggregate limit, it shall apply separately on a per location basis. b) Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. If employees will be working on, near or over navigable waters, US Longshore and Harbor Workers Compensation Act endorsement must be included. c) Comprehensive Business Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. PACKAGING: Products/components shall be packaged to protect against damage in shipping. Any damaged products shall be returned to the contractor for immediate replacement. The Correctional Facility's Item Code (to be supplied upon order placement) shall be placed on the outside of each carton. If more than one (1) component item is in a carton, each individual package in the carton shall be marked with the Correctional Facility's Item Code. Also, contractor shall reference the Correctional Facility's Item Code on the packing slip. * * * * *

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