HomeMy WebLinkAboutItem No. 17 - Annual On-Call Services Agreement with KYA Services in Support of City of Lake E17)Annual On-Call Services Agreement with KYA Services in Support of City of Lake
Elsinore Public Works Operations
Approve and authorize the City Manager to execute an Agreement with KYA Services, LLC
in an amount not to exceed $200,000 to Support City of Lake Elsinore Public Works
Operations in such final form as approved by the City Attorney.
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick De Santiago, Public Works Manager
Date:October 14, 2025
Subject:Annual On-Call Services Agreement with KYA Services in Support of City
of Lake Elsinore Public Works Operations
Recommendation
Approve and authorize the City Manager to execute an Agreement with KYA Services, LLC in an
amount not to exceed $200,000 to Support City of Lake Elsinore Public Works Operations in such
final form as approved by the City Attorney.
Background
The On-Call Services in the City of Lake Elsinore Public Works Operations, in partnership with
KYA Services, LLC, offers a range of services mainly focused on public works and infrastructure
management. Their services typically include maintenance, repairs, emergency response,
infrastructure oversight, project execution, and compliance with local regulations, ensuring the
city’s public facilities and services are maintained at a high standard.
Discussion
The On-Call Services Agreement in the City of Lake Elsinore is an essential resource for
maintaining city amenities and efficiently constructing low-cost minor projects. All assigned work
will be proposed in writing, reviewed, negotiated by staff, and approved before implementation.
KYA Services, LLC is competitively bid and priced under the California Multiple Award Schedule
(CMAS), Contract #4-20-78-0089C, with an expiration date of February 10, 2030. 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.
KYA Services Agreement
Page 2 of 2
Waiver of Competitive Bidding Procedures
Under Section 3.08.070(C) of the Municipal Code, the City Council can waive the competitive
bidding procedures usually used for these general provisions, in addition to the benefits outlined
above. These benefits were negotiated to provide favorable pricing and comprehensive services.
Therefore, staff recommends that the City Council waive further competitive bidding and authorize
the City Manager to execute an agreement with KYA Services, LLC as outlined in this agenda
report and in compliance with Municipal Code Section 3.08.070(C).
Fiscal Impact
Funds are available in the City’s Annual Operating & Capital Improvement Budgets for FY25-26.
Attachments
Attachment 1- Agreement
Exhibit A- Service Rates
Exhibit B- CMAS Service Agreement
Public Works
1.docx Page 1
AGREEMENT FOR CONTRACTOR SERVICES
KYA Services, LLC
On-Call Services
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of
October 14, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
KYA Services, LLC, a Corporation ("Contractor").
RECITALS
A. The City has determined that it requires the following Contractor services:
On-Call minor construction and repair services.
B. Contractor has submitted to City a proposal, dated September 10, 2025, attached
hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor
services to City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Contractor to perform the services as provided herein and
Contractor desires to provide such contractor services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services described in Contractor’s
Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner
specified in Contractor’s Proposal, subject to the direction of the City through its staff that it may
provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the contractor services to be performed by Contractor is
an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the
contractor services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Contractor’s Proposal (Exhibit A).
b. Performance Schedule. Contractor shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Contractor’s Proposal (Exhibit A). When requested by
Contractor, extensions to the time period(s) specified may be approved in writing by the City
Manager.
c. Term and Compliance with Task/Work Order System. Unless earlier
terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force
Page 2
and effect for a period commencing on July 1, 2025 and ending June 30, 2026. The City may, at
its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2
additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less
than thirty (30) days before the end of the contract term, such notice to be exercised by the City
Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order
by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount
of work or services as all work or services shall be authorized through a Task/Work Order issued
by the City.
3.Compensation. Compensation to be paid to Contractor shall be in accordance
with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Contractor's annual compensation exceed Two
Hundred Thousand Dollars ($200,000.00) without additional written authorization from the City.
Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses
set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such
defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor’s bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor’s bills shall include a brief description of
the services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Contractor’s
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Contractor’s prospective or then current personnel
is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
Page 3
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Contractor shall be immediately referred to City, without any other actions by
Contractor.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Contractor
under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Contractor or provided to Contractor by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance
of this Agreement shall be held confidential by Contractor. Such materials shall not, without the
prior written consent of City, be used by Contractor for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor shall not use
City’s name or insignia, photographs relating to project for which Contractor’s services are
rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
Page 4
8. Contractor’s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor to
this Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Contractor, Contractor’s
representatives, or Contractor’s successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Contractor shall at all times be under
Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Contractor or any of Contractor’s officers,
employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Contractor as provided in the
Agreement, Contractor and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
Page 5
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Contractor’s services
hereunder. Contractor further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Contractor. City has relied upon the professional training
and ability of Contractor to perform the services hereunder as a material inducement to enter into
this Agreement. Contractor shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Contractor under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Contractor’s field of
expertise.
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Contractor and/or its employees, officers, or board
members.
b. Contractor represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement, including a City
business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor to practice its profession. Contractor represents and warrants to City that Contractor
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
Page 6
15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Contractor from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Contractor
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Contractor for City. In the event that Contractor is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Contractor shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
Page 7
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Contractor shall maintain
professional errors and omissions liability insurance appropriate for Contractor’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Contractor’s services under this Agreement, whether such services are
provided by the Contractor or by its employees, subcontractors, or sub Contractors. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed
with the following specific language:
i. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may have,
shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
Page 8
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor:KYA Services, LLC
Attn: Andrea Ivey
1800 East McFadden Ave.
Santa Ana, CA 92705
18. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Contractor under this Agreement will be permitted only with the
express consent of the City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
Page 9
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
22. Prohibited Interests. 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 Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. 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.
24. 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.
Contractor agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear
all risks of payment or non-payment of prevailing wages under California law, and Contractor
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
Page 10
26. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Contractor’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
[Signatures on next page]
Page 10
Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONTRACTOR”
KYA Services, LLC, a Corporation
By:Andrea Ivey
Its:Regional Manager
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors
Page 11
EXHIBIT B
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
Task Description UOM GSA Price
4" Rubber Base 4" Rubber Base LF $ 2.44
6" Rubber Base 6" Rubber Base LF $ 2.44
Aggregate Base Application Aggregate Base Application SF $ 2.67
Aggregate Base Removal Aggregate Base Removal SF $ 2.67
Air – Water Separator Services –
Annual Cost per Separator Air – Water Separator Services – Annual Cost per Separator YR $ 1,914.22
Air Compressor Services – Annual
Cost per Air Compressor Air Compressor Services – Annual Cost per Air Compressor YR $ 4,766.64
Air Cooled Chiller Services –
Annual Cost per Chiller Air Cooled Chiller Services – Annual Cost per Chiller YR $ 8,351.39
Application of Additional Finish
Coat Application of Additional Finish Coat SF $ 0.45
Application of Asphalt Application of Asphalt SF $ 12.43
application of boulders application of boulders EA $ 621.39
Application of Carpet Over Pad Application of Carpet Over Pad SY $ 11.72
Application of Carpet Tile Application of Carpet Tile SY $ 11.72
Application of Ceiling Tiles Application of Ceiling Tiles SF $ 7.25
Application of cobble stone Application of cobble stone SF $ 0.89
Application of Concrete Application of Concrete SF $ 44.39
Application of decomposed
granite Application of decomposed granite SF $ 3.56
application of grout application of grout SF $ 3.40
Application of Headerboard Application of Headerboard LF $ 6.21
Application of HVT Application of HVT SF $ 4.53
Application of Infill Application of Infill SF $ 0.53
Application of irrigation Application of irrigation LF $ 3.56
Application of Lamp Lense Application of Lamp Lense EA $ 135.96
Application of Linoleum Application of Linoleum SY $ 30.28
Application of LVT Application of LVT SF $ 3.91
Application of Moisture Barrier Application of Moisture Barrier SF $ 9.06
Application of mulch Application of mulch SF $ 1.77
application of natural plants application of natural plants EA $ 42.33
application of pavers application of pavers SF $ 13.55
application of playground equip application of playground equip HR $ 115.10
Application of Playground Pad Application of Playground Pad SF $ 1.77
Application of Powerbond Carpet Application of Powerbond Carpet SY $ 11.72
Application of ramp Application of ramp SF $ 53.27
Application of replica plants Application of replica plants EA $ 53.27
Application of Retrofit LED Kit Application of Retrofit LED Kit EA $ 453.19
Tiles Application of Rubber Playground Tiles SF $ 23.08
Application of Rubber Tile Application of Rubber Tile SF $ 3.91
Application of sealer Application of sealer SF $ 1.77
Application of seeded rock Application of seeded rock SF $ 12.43
Compound Application of Self-Level Compound SF $ 9.97
Application of Sheet Vinyl Application of Sheet Vinyl SY $ 26.38
application of slurry application of slurry SF $ 0.72
Application of Sound Wall Application of Sound Wall SF $ 39.88
Application of Sports Pad Application of Sports Pad SF $ 1.77
Application of Tackboard Application of Tackboard SF $ 21.75
Application of Thermostats Application of Thermostats EA $ 1,359.59
Application of tree wells Application of tree wells LF $ 13.32
Application of VCT Application of VCT SF $ 2.54
Application of Window Treatment Application of Window Treatment SF $ 50.76
application of woodchips application of woodchips SF $ 1.77
Asphalt saw cut Asphalt saw cut LF $ 17.75
Black Base Mat w/ Structural Spray Black SF $ 6.40
Color Base Mat w/ Structural Spray Color SF $ 6.83
Carpenter Journeyman Carpenter Journeyman HR $ 147.49
Cement Mason Journeyman Cement Mason Journeyman HR $ 147.49
Clear, Grub and Haul Clear, Grub and Haul SF $ 3.10
Concrete Curb Concrete Curb LF $ 62.14
Court Design Service Court Design Service HR $ 271.92
Demo Carpet over Pad Demo Carpet over Pad SY $ 7.82
Demo Ceramic Tile Demo Ceramic Tile SF $ 27.19
5,000sf Demo Existing Wood Flooring < 5,000sf SF $ 11.79
5,000sf Demo Existing Wood Flooring > 5,000sf SF $ 8.15
Tile Demo Glue Down Carpet / Carpet Tile SY $ 6.84
Backed Demo Powerbond Carpet/ Vinyl Backed SY $ 8.80
Demo Rubber Demo Rubber SF $ 3.91
Demo Sheet Vinyl Demo Sheet Vinyl SY $ 26.38
Demo VCT/LVT Demo VCT/LVT SF $ 2.44
Drainage Application Drainage Application LF $ 46.16
Drywall Lather Journeyman Drywall Lather Journeyman HR $ 147.49
Dumpster Service Dumpster Service EA $ 906.40
Area)Excessive Floor Preparation (Bay Area)HR $ 175.71
Excessive Floor Preparation (Sac)Excessive Floor Preparation (Sac)HR $ 136.58
Cal)Excessive Floor Preparation (So Cal)HR $ 115.10
Expediting Service Expediting Service EA $ 1,812.80
Field repairs Field repairs HR $ 115.10
Field Surveyor Service Field Surveyor Service EA $ 725.12
Area)Floor Covering Journeyman (Bay Area)HR $ 175.71
Floor Covering Journeyman (Sac)Floor Covering Journeyman (Sac)HR $ 136.58
Cal)Floor Covering Journeyman (So Cal)HR $ 115.10
Floor Covering Level 1 (Bay Area)Floor Covering Level 1 (Bay Area)HR $ 101.16
Floor Covering Level 1 (Sac)Floor Covering Level 1 (Sac)HR $ 81.16
Floor Covering Level 1 (So Cal)Floor Covering Level 1 (So Cal)HR $ 44.47
Floor Covering Level 2 (Bay Area)Floor Covering Level 2 (Bay Area)HR $ 108.60
Floor Covering Level 2 (Sac)Floor Covering Level 2 (Sac)HR $ 86.71
Floor Covering Level 2 (So Cal)Floor Covering Level 2 (So Cal)HR $ 62.77
Floor Covering Level 3 (Bay Area)Floor Covering Level 3 (Bay Area)HR $ 116.06
Floor Covering Level 3 (Sac)Floor Covering Level 3 (Sac)HR $ 92.25
Floor Covering Level 3 (So Cal)Floor Covering Level 3 (So Cal)HR $ 67.68
Floor Covering Level 4 (Bay Area)Floor Covering Level 4 (Bay Area)HR $ 123.51
Floor Covering Level 4 (Sac)Floor Covering Level 4 (Sac)HR $ 97.83
Floor Covering Level 4 (So Cal)Floor Covering Level 4 (So Cal)HR $ 72.53
Floor Covering Level 5 (Bay Area)Floor Covering Level 5 (Bay Area)HR $ 130.96
Floor Covering Level 5 (Sac)Floor Covering Level 5 (Sac)HR $ 103.31
Floor Covering Level 5 (So Cal)Floor Covering Level 5 (So Cal)HR $ 78.20
Floor Covering Level 6 (Bay Area)Floor Covering Level 6 (Bay Area)HR $ 138.45
Floor Covering Level 6 (Sac)Floor Covering Level 6 (Sac)HR $ 108.89
Floor Covering Level 6 (So Cal)Floor Covering Level 6 (So Cal)HR $ 83.89
Floor Covering Level 7 (Bay Area)Floor Covering Level 7 (Bay Area)HR $ 145.90
Floor Covering Level 7 (Sac)Floor Covering Level 7 (Sac)HR $ 114.44
Floor Covering Level 7 (So Cal)Floor Covering Level 7 (So Cal)HR $ 93.61
Floor Covering Level 8 (Bay Area)Floor Covering Level 8 (Bay Area)HR $ 160.81
Floor Covering Level 8 (Sac)Floor Covering Level 8 (Sac)HR $ 125.51
Floor Covering Level 8 (So Cal)Floor Covering Level 8 (So Cal)HR $ 103.24
Flooring Project Coordinator Flooring Project Coordinator HR $ 149.07
Flooring Project Estimator Flooring Project Estimator HR $ 149.07
Flooring Project Manager Flooring Project Manager HR $ 194.92
Flooring Site Supervisor Flooring Site Supervisor HR $ 171.99
Furniture R&R Furniture R&R HR $ 146.53
GMAX Testing Procedure GMAX Testing Procedure EA $ 3,403.66
Goal Post Application Goal Post Application LF $ 21,304.95
Grind Floor Grind Floor SF $ 7.82
Cost per Heat Exchanger Heat Exchanger Services – Annual Cost per Heat Exchanger YR $ 3,375.32
Heat Weld Heat Weld LF $ 7.82
HVAC Installer
and systems in a similar commercial or public facility HR $ 165.12
HVAC Laborer Two years as an apprentice concentrating on maintenance of electrical/ mechanical equipment HR $ 93.56
HVAC Project Manager
and systems in a similar commercial or public facility.HR $ 187.13
HVAC Technician
systems equipment and systems in a similar commercial or public facility HR $ 132.09
Install Floor Lids Install Floor Lids EA $ 362.56
Install Threshold Install Threshold LF $ 27.19
Install Vent Cove Base Install Vent Cove Base LF $ 27.19
Install Visqueen Vapor Retarder Install Visqueen Vapor Retarder SF $ 0.27
Install Wood Flooring < 5,000sf Install Wood Flooring < 5,000sf SF $ 9.97
Install Wood Flooring > 5,000sf Install Wood Flooring > 5,000sf SF $ 6.35
Install Wood Subfloor < 5,000sf Install Wood Subfloor < 5,000sf SF $ 7.25
Install Wood Subfloor > 5,000sf Install Wood Subfloor > 5,000sf SF $ 4.53
Lift Application of Carpet Tile Lift Application of Carpet Tile SY $ 36.14
Logo Application Logo Application EA $ 12,427.89
Moisture Test Moisture Test EA $ 195.39
Natural Sod Application Natural Sod Application SF $ 1.07
Natural Sod Removal Natural Sod Removal SF $ 1.33
natural Tree - large natural - large EA $ 2,540.20
natural tree - med natural tree - med EA $ 1,693.47
natural tree - small natural tree - small EA $ 846.73
5000sf Oil Base Wood Floor Refinishing < 5000sf SF $ 0.91
5,000sf Oil Base Wood Floor Refinishing > 5,000sf SF $ 0.45
Outside Corner Installation Outside Corner Installation EA $ 48.92
Paint Badminton Court Paint Badminton Court EA $ 1,631.51
Paint Basketball Court Paint Basketball Court EA $ 1,812.80
Paint Custom Graphics/Letters Paint Custom Graphics/Letters HR $ 271.92
Paint Pickleball Court Paint Pickleball Court EA $ 1,268.96
Paint Volleyball Court Paint Volleyball Court EA $ 1,268.96
Paint/Stain Floor Paint/Stain Floor SF $ 1.81
Patch Wood Flooring < 5,000sf Patch Wood Flooring < 5,000sf SF $ 54.39
Patch Wood Flooring > 5,000sf Patch Wood Flooring > 5,000sf SF $ 36.26
Performance Testing Procedure Performance Testing Procedure EA $ 8,429.46
Perimeter pip removal Perimeter pip removal LF $ 7.10
Perimeter saw cut Perimeter saw cut LF $ 17.75
Plasterer Journeyman Plasterer Journeyman HR $ 147.49
Plumber/HVAC/Electrician Plumber/HVAC/Electrician HR $ 175.71
Polyurethane Full Pour Polyurethane Full Pour SF $ 11.98
Polyurethane Sandwich System Polyurethane Sandwich System SF $ 7.55
Poured-In-Place Application Poured-In-Place Application SF $ 14.21
Poured-In-Place Removal Poured-In-Place Removal SF $ 4.44
Poured-In-Place Repair Poured-In-Place Repair EA $ 923.22
Maintenance Premium Synthetic Turf Maintenance EA $ 13,315.60
Quality Control Supervisor Quality Control Supervisor HR $ 170.18
Re-grading base Re-grading base SF $ 2.67
Removal of Degraded Seal Coats Removal of Degraded Seal Coats LF $ 2.18
Removal of Existing Surface Removal of Existing Surface SF $ 2.67
removal of playground equip removal of playground equip HR $ 115.10
Rendering Coordinator Rendering Coordinator HR $ 149.07
Re-Paint Existing Game Lines Re-Paint Existing Game Lines HR $ 163.15
Safety Coordination Manager Safety Coordination Manager HR $ 181.53
5,000sf Sand & Refinish Wood Flooring < 5,000sf SF $ 9.06
5,000sf Sand & Refinish Wood Flooring > 5,000sf SF $ 6.35
scarification scarification SF $ 1.01
Self Cove Self Cove LF $ 15.63
Shim Flooring < 5,000sf Shim Flooring < 5,000sf SF $ 10.88
Shim Flooring > 5,000sf Shim Flooring > 5,000sf SF $ 7.25
Site Assessment Coordinator Site Assessment Coordinator HR $ 171.99
Skim Coat Skim Coat SF $ 1.56
Slab infill < 5,000sf Slab infill < 5,000sf SF $ 5.44
Slab infill > 5,000sf Slab infill > 5,000sf SF $ 3.63
Staking Staking LF $ 3.56
Standard Floor Prep Standard Floor Prep HR $ 146.53
Area)Standard Floor Preparation (Bay Area)HR $ 175.71
Standard Floor Preparation (Sac)Standard Floor Preparation (Sac)HR $ 136.58
Cal)Standard Floor Preparation (So Cal)HR $ 115.10
Maintenance Standard Synthetic Turf Maintenance EA $ 9,587.22
striping -asphalt striping -asphalt LF $ 2.22
Structural Spray Black Structural Spray Black SF $ 4.61
Structural Spray Color Structural Spray Color SF $ 5.06
Substrate Compaction Substrate Compaction SF $ 1.43
Substrate Prep Substrate Prep SF $ 1.77
Surface Preparation for Finish Surface Preparation for Finish SF $ 4.53
Tile Layer Journeyman Tile Layer Journeyman HR $ 147.49
Toilet Removal Toilet Removal HR $ 146.53
Track Maintenance Track Maintenance LF $ 19,529.54
Application Track Surface Complete Application SY $ 62.14
Track Surface Refresh Track Surface Refresh SY $ 35.52
Track Surface Repair Track Surface Repair SY $ 133.16
Track Surface Re-Top Track Surface Re-Top SY $ 44.39
Trenching Trenching LF $ 46.16
Turf Application (Non-Standard)Turf Application (Non-Standard)SF $ 7.10
Turf Application (Standard)Turf Application (Standard)SF $ 5.32
Turf Project Coordinator Turf Project Coordinator HR $ 149.07
Turf Project Estimator Turf Project Estimator HR $ 149.07
Turf Project Manager Turf Project Manager HR $ 194.92
Turf Removal Turf Removal SF $ 1.51
Turf Site Supervisor Turf Site Supervisor HR $ 171.99
Annual Cost per VFD and Pump VFD’s and Pump Services – Annual Cost per VFD and Pump YR $ 8,489.80
Vinyl Transition Strips Vinyl Transition Strips LF $ 2.44
Refinishing < 5000sf Water Base Wood Floor Refinishing < 5000sf SF $ 1.17
Refinishing > 5,000sf Water Base Wood Floor Refinishing > 5,000sf SF $ 0.82
Chiller Services – Annual Cost per Water Cooled Magnetic Bearing Chiller Services – Annual Cost per Chiller YR $ 10,264.43
Centrifugal Chiller Services – Water Cooled Screw and Centrifugal Chiller Services – Annual Cost per Chiller YR $ 10,299.93
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.