HomeMy WebLinkAbout10-0205 Rieke Office Interiors f
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City of Elgin
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Date: February 15, 2010
To: Kyla Jacobsen, Water System Superintendent
From: Jennifer Quinton, Deputy City Clerk
Subject: Reike Office Interiors agreement dated February 5, 2010
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Reike Office Interiors (also referred to as "FIRM") agreement to furnish and
install complete set of furniture required for the Riverside Water Treatment Plant
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AGREEMENT
THIS AGREEMENT is made and entered into this day of v , 2010,by and between
the CITY OF ELGIN, an Illinois municipal corporation (hereinafter {eferred to as "CITY") and
Rieke Office Interiors, an Illinois Corporation (hereinafter referred to as "FIRM").
WHEREAS, the CITY desires to engage the FIRM to furnish and install complete set of furniture
required for the Riverside Water Treatment Plant Control Room (hereinafter referred to as the
PROJECT); and
WHEREAS, the FIRM represents that it is in compliance with Illinois Statutes relating to
professional registration of individuals and has the necessary expertise and experience to furnish
such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, it is hereby agreed by and between the CITY and the FIRM that the CITY
does hereby retain the FIRM for and in consideration of the mutual promises and covenants
contained herein,the sufficiency of which is hereby acknowledged to act for and represent it in the
engineering matters involved in the PROJECT as described herein, subject to the following terms
and conditions and stipulations, to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Water System
Superintendent of the CITY, herein after referred to as the"SUPERINTENDENT"
B. Outline of the services to be provided by the FIRM is: FIRM shall provide the
services to the CITY for the PROJECT as outlined herein and as detailed in
Attachment A hereto.
1. Design.
2. Removal of the existing console.
3. Furniture supply.
4. Installation.
C. A detailed itemized quotation, schedule time frame, and furniture layout plans is
attached hereto and made a part hereof as Attachment A.
2. PROGRESS REPORTS
A. A detailed project schedule for the Project is included in Attachment A, attached
hereto and made a part hereof. Progress will be recorded on the project schedule and
submitted monthly as a component of the Status Report described in B below.
B. The FIRM will submit to the SUPERINTENDENT monthly a status report keyed to
the project schedule.A brief narrative will be provided identifying progress,findings
and outstanding issues.
3. WORK PRODUCTS
All work products prepared by the FIRM pursuant hereto including, but not limited to,
reports, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon
request of the SUPERINTENDENT; provided,however,that the FIRM may retain copies of
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such work products for its records. Such work products are not intended or represented to be
suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and
such reuse shall be at the sole risk of the CITY.
4. PAYMENTS TO THE FIRM (Lump Sum Method)
A. The CITY shall pay the FIRM for services under this Agreement a lump sum of
Seventeen Thousands One Hundred Two Dollars ($17,102), regardless of actual
Costs incurred by the FIRM unless substantial modifications to the project are
authorized in writing by the SUPERINTENDENT.
B. The CITY shall make periodic payments to the FIRM based upon actual progress
within 30 days after receipt and approval of invoice. Said periodic payments to the
FIRM shall not exceed the amounts shown in the following schedule, and full
payments for each task shall not be made until the task is completed and accepted by
the CITY.
FIRM shall conform to the provisions and requirements of the Level of Effort and
Associated Cost which are attached hereto and made a part hereof in Attachment A.
5. INVOICES
A. The FIRM shall submit invoices in a format approved by the CITY. Progress reports
will be included with all payment requests.
B. The FIRM shall maintain records showing actual time devoted and cost incurred.
The FIRM shall permit the authorized representative ofthe CITY to inspect and audit
all data and records of the FIRM for work done under this Agreement. The FIRM
shall make these records available at reasonable times during the Agreement period,
and for a year after termination of this Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof or in any other contract document,the CITY may
terminate this Agreement at any time upon fifteen(15)days prior written notice to the FIRM.
In the event that this Agreement is so terminated,the FIRM shall be paid for services actually
performed and reimbursable expenses actually incurred prior to termination, except that
reimbursement shall not exceed the amounts set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the FIRM is given a notice to proceed
and,unless terminated for cause or pursuant to Article 5, shall be deemed concluded on the
date the CITY determines that all of the FIRM's work under this Agreement is completed. A
determination of completion shall not constitute a waiver of any rights or claims which the
CITY may have or thereafter acquire with respect to any term or provision of the Agreement.
8. NOTICE OF CLAIM
If the FIRM wishes to make a claim for additional compensation as a result of action taken
by the CITY,the FIRM shall give written notice of his claim within 15 days after occurrence
of such action. No claim for additional compensation shall be valid unless so made. Any
changes in the FIRM's fee shall be valid only to the extent that such changes are included in
writing signed by the CITY and the FIRM. Regardless of the decision of the
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SUPERINTENDENT relative to a claim submitted by the FIRM,all work required under this
Agreement as determined by the SUPERINTENDENT shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party, by reason of any default, fails within fifteen(15)days after
notice thereof by the other party to comply with the provisions of this Agreement or other
contract documents, the other party may terminate this Agreement.
10. INDEMNIFICATION
To the fullest extent permitted by law,FIRM agrees to and shall indemnify,defend and hold
harmless the CITY,its officers,employees,agents,boards and commissions from and against
any and all claims,suits,judgments,costs,attorney's fees,damages or other relief,including
but not limited to worker's compensation claims and any and all claims made by or against
the city based on additional material costs or any other costs incurred as a result of damage to
property or increased cost resulting from an inaccurate bid by FIRM without regard to any
consideration of the CITY'S receipt of"increased value"or"benefit of bargain"in any way
resulting from or arising out of negligent actions or omissions of the FIRM in connection
herewith,including negligence or omissions of employees or agents of the FIRM arising out
of the performance of this Agreement. In the event of any action against the CITY, its
officers, employees, agents, boards or commissions, covered by the foregoing duty to
indemnify, defend and hold harmless such action shall be defended by legal counsel of the
CITY's choosing. The provisions of this paragraph shall survive any expiration,completion
and/or termination of this Agreement.
11. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the CITY shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their
execution, approval or attempted execution of this Agreement.
12. INSURANCE
A. Comprehensive Liability. The FIRM shall provide,pay for and maintain in effect,
during the term of this Agreement, a policy of comprehensive general liability
insurance with limits of at least $1,000,000 aggregate for bodily injury and
$1,000,000 aggregate for property damage.
The FIRM shall deliver to the SUPERINTENDENT a Certification of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty(30)days prior written notice to the SUPERINTENDENT.
The Certificate of Insurance which shall include Contractual obligation assumed by
the FIRM under Article 10 entitled"Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance;
alternatively, if the insurance states that it is excess or prorated, it shall be endorsed
to be primary with respect to the CITY.
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B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than$500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a $1,000,000 aggregate.
D. Professional Liability. The FIRM shall carry Engineers Professional Liability
Insurance Covering claims resulting from error, omissions or negligent acts with a
combined single limit of not less than $1,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the SUPERINTENDENT as evidence of insurance
protection. The policy shall not be modified or terminated without thirty(30) days
prior written notice to the SUPERINTENDENT.
13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The FIRM shall not have control over or charge of and shall not be responsible for
construction means,methods,techniques,sequences or procedures,or for safety precautions
and programs in connection with the construction,unless specifically identified in the Scope
of Services.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, the following: employment advertising, layoff or
termination,rates of pay or other forms of compensation and selection for training,including
apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race, color, creed,national origin, age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and
other provisions of this Agreement and the FIRM shall remain liable to the CITY with
respect to each and every item, condition and other provision hereof to the same extent that
the FIRM would have been obligated if it had done the work itself and no assignment,
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delegation or subcontract had been made. Any proposed subcontractor shall require the
CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agree that, if any paragraph, sub-paragraph, phrase, clause or other
provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define,limit or describe the
scope of intent of any provision of this Agreement, nor shall they be construed to affect in
any manner the terms and provisions hereof or the interpretation or construction thereof.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed,modified,discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations or
warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof, or change order as herein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
22. NEWS RELEASES
The FIRM may not issue any news releases without prior approval from the
SUPERINTENDENT, nor will the FIRM make public proposals developed under this
Agreement without prior written approval from the SUPERINTENDENT prior to said
documentation becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The FIRM shall cooperate with any other consultants in the CITY's employ or any work
associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The FIRM certifies hereby that it is not barred from bidding on this contract as a result of a
violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid
rigging.
-5-
25. SEXUAL HARASSMENT
As a condition of this contract,the FIRM shall have written sexual harassment policies that
include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies shall be provided by FIRM to the Department of Human Rights upon
request 775 ILCS 5/2-105.
26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the FIRM to the SUPERINTENDENT
and to other participants which may affect cost or time of completion shall be made or
confirmed in writing. The SUPERINTENDENT may also require other recommendations
and communications by the FIRM be made or confirmed in writing.
27. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail,postage prepaid, addressed as follows:
A. As to CITY:
Kyla Jacobsen
Water System Superintendent
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to FIRM:
28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the FIRM
shall comply with all applicable Federal, State, City and other requirements of law,
including, but not limited to, any applicable requirements regarding prevailing wages,
-6-
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, FIRM hereby certifies, represents and warrants to the CITY that all FIRM'S
employees and/or agents who will be providing products and/or services with respect to this
AGREEMENT shall be legal residents of the United States. FIRM shall also at its expense
secure all permits and licenses, pay all charges and fees and give all notices necessary and
incident to the due and lawful prosecution of the work,and/or the products and/or services to
be provided for in this AGREEMENT. The CITY shall have the right to audit any records in
the possession or control of the FIRM to determine FIRM'S compliance with the provisions
of this section. In the event the CITY proceeds with such an audit the FIRM shall make
available to the CITY the FIRM'S relevant records at no cost to the CITY and shall pay all
costs of any audit at FIRM'S sole expense.
29. AMBIGUITIES
This Agreement shall be construed as having been mutually drafted by the parties hereto,and
no ambiguities contained herein shall be construed against the CITY as having drafted this
agreement.
IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement
effective as of the date and year first written above.
FOR THE CITY: FOR THE FIRM:
By Q _ "
C` �er By �" ` ,
Attest:
City lerk
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ATTACHMENT "A"
Riverside Water Treatment Plant Control
Room Furniture Agreement
1=101 QUOTATION
RIE • E OFFICE INTERIORS
2000 FOX LANE
ELGIN, IL 601 23
PH 847.622.971 1
FX 847.622.9• 50
TO: SHIP TO:
CITY OF ELGIN CITY OF ELGIN
150 DEXTER COURT WATER DEPARTMENT
ELGIN IL 60120 150 DEXTER COURT
ELGIN IL 60120
ATTN: ATTN:
In response to your inquiry,we are pleased to offer the following:
Quote No. Date Cust No S/M Your Referenced Inquiry Delivery Promise F.O.B. Expiration
0027376 11/10/09 CIT011 GG1 ORIGIN 10 DAYS
Unit Price Extension
Item Quantity U/M Part Number Description $ $
ROI HAS A STANDARD 4 WEEK LEAD
TIME
001 1.00 EA MLPWORKSTATION CUSTOM CONTROL ROOM 6,950.00 6,950.00
STATION
AS PER DRAWING
ALL ROI LAMIANTE PRODUCT
INCLUDING
(2)30'W SWING DOOR CABINETS
(1)CUSTOM COMBINATION LATERAL
(2)36'W PAPERFLOW UNITS
002 6.00 EA MPRIVATE LOCKER UNITS 520.00 3,120.00
AS PER DRAWING
12'W X 72"H X 24"D
ALL LAMINATE INCLUDING METAL
COAT ROD AND HAT SHELF
003 1.00 EA MPRIVATE STORAGE AREA 1,805.00 1,805.00
AS PER DRAWING-29"H
INCLUDING:
(3)36"SWING DOORS
(1)30"SWING DOOR
RIEKE OFFICE INTERIORS
Page 1
By:
RO1 QUOTATION
RI EKE OFFICE INTERIOR6
2000 Fox LANE
EL.GIN, IL. 601 23
FI-I 847.622.971 1
FX 847.622.9750
TO: SHIP TO:
CITY OF ELGIN CITY OF ELGIN
150 DEXTER COURT WATER DEPARTMENT
ELGIN IL 60120 150 DEXTER COURT
ELGIN IL 60120
ATTN: ATTN:
In response to your inquiry,we are pleased to offer the following:
Quote No. Date Cust No S!M Your Referenced Inquiry Delivery Promise F.O.B. Expiration
0027376 11/10/09 CIT011 GG1 ORIGIN 10 DAYS
Unit Price Extension
Item Quantity WM Part Number Description $ $
004 2.00 RAERON REFURBISHED HERMAN MILLER 495.00 990.00
AERON CHAIRS
005 2.00 EA NMISC ERGONOMIC SOLUTIONS 208.00 416.00
MONITOR ARM
MRFS01 GM
SUPPORTS 1 MONITOR
GROMMET MOUNT
006 3.00 EA NMISC ERGONOMICS SOLUTIONS 292.00 876.00
MONITOR ARM-MMFS2GM
SUPPORTS 2 MONITORS
007 4.00 EA NMISC ERGONOMIC SOLUTIONS 70.00 280.00
STORAGE CPU HOLDER
ACCPUH01
008 1.00 EA INSTALLATION DELIVERY&INSTALLATION 2,665.00 2,665.00
NON-UNION LABOR
DURING NORMAL
BUSINESS HOURS
MONDAY-FRIDAY
7:00 AM-4:00 PM
RIEKE OFFICE INTERIORS
Page 2 By:
ROI QUOTATION
RlMKE OFFiGE INTEFi.OP18
2000 FOX LANE
ELDIN, IL 601 23
PI-I 84.'7.622.9"711
FX 847.622.9750
TO: SHIP TO:
CITY OF ELGIN CITY OF ELGIN
150 DEXTER COURT WATER DEPARTMENT
ELGIN IL 60120 150 DEXTER COURT
ELGIN IL 60120
ATTN: ATTN:
In response to your inquiry,we are pleased to offer the following:
Quote No. Date Cust No SIM Your Referenced Inquiry Delivery Promise F.O.B. Expiration
0027376 11/10/09 CIT011 GG1 ORIGIN 10 DAYS
Unit Price Extension
Item Quantity U/M Part Number Description $ $
THIS ALSO INCLUDES HE
DISASSEMBLE AND REMOVAL OF
CLIENTS EXISTING CONTROL
CONSOLE...
TOTAL FOR QUOTE $ 17,102.00
RIEKE OFFICE INTERIORS
Page 3
By:
ROI
RIEKE OFFICE INTERIORS
SCHEDULE TIME FRAME
ROI HAS A STANDARD 4 WEEK LEAD TIME.
- LEAD TIME BEGINS ONCE QUOTE HAS BEEN SIGNED OFF
ON AND DRAWINGS AND COLORS HAVE BEEN APPROVED.
- ROI WILL TEAR DOWN PRODUCT ONCE CLIENT IS READY..
IT WILL TAKE ROI APPROX. 1 DAY FOR THE TEAR DOWN..
- ROI WILL PROCEED WITH THE INSTALLATION AFTER
FLOORING HAS BEEN INSTALLED AND THE ROOM IS CLEAR
OF OTHER TRADES..
- INSTALLATION WILL TAKE APPROX 2 DAYS..
2000 Fox Lane Ph: 847-622-9711
Elgin, IL 60123 WWW.rieke.com Fx:847-622-9750
RIEKE OFFICE INTERIORS
WWW.RIEKE.COM 847-622-9711
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1 Series f+ Supports one monitor'
Load capacity:17.5 lbs
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A) 16"Pole List Pace:
h.-. - Desk Clamp: MRFSO1DC '359.00
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Supports three monitors'
p. Load capacity:52.8 lbs
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Desk Clamp: MMFS3DC :620.00
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Supports four monitors'
B) C) D) Load capacity:70.4 lbs
28"Pole List Pose:
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The arm,pole and clamp are fully recyclable. 28"Pole List Pte:
E) Desk Clamp: MMFS6DC $1,159.00
Grommet Mount: MMFS6GM $1,159.00
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The 17.75"glide track and 3600 swivel mechanism ni,s,m allows easy
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• Easy-Adjust CPU Holder $190.00 ill
,..:;.,4.., _. -,-, --'4'-:i: Soft foam protects CPU from impact and movement
_„,. , Vertically mounts to underside of desk
Storable on 17.5"glide track
360°swivel
Adjustable Width:2.5"-8.25"
Adjustable height 13"-21"
Recyclable content:ACCPUHLOCK 100%,ACCPUH05 :: Load capacity:100 lbs
98%,ACCPUH01 90%,ACCPUC 10 0%,,,
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Customer Service: 800.833.3746 (ERGO) Fax your order to 480-517-1872
Track your order at: www.esiergo.com E-mail your order to: orders®esiergo.com
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B AC? UHoIder PUH01 List' =121.00
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Easy to install-vertically mounts to underside
of worksurface
f i, - 17.75"glide track
No tools required to make adjustments
360°swivel
c ACCPUHLOCK Lockable ust Nee.
Metal CPU Holder $339.00
-- Vertically mounts to underside of worksurface
17"glide track
No tools required to make adjustments
360°swivel
Heavy duty locking knob
Adjustable width:3.5"-9.3"
Adjustable height 12.5"-22.5"
- List Price
Storage and -Mobility D ACCPUC CPU Cart
Our CPU and utility carts are mounted on Easy to assemble
locking swivel casters for easy storage— CPU sits in adjustable tray
just roll them under your desk and out of Swivel caster wheels with locking mechanism
the way when not in use. Roll them f back No tools required to make adjustments
...- Fits any size CPU from 3.5"to 8.75"
ti again mhen you-peed dccess >i :'& ' p Load capacity:160 lbs
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` ;' E ACPC Utility Cart $139.00
The ACPC Utility Cart allows printers,
scanners and/or shredders to be placed 18.75"a 15"platform
under the worksurface to free up valuable Swivel caster wheels with locking mechanisms
desktop space. Use for printers,shredders and other office machines
Includes non-slip pads
Can be customized up to 19"x 19"
Load capacity:150 lbs
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Fax your order to: 480-517-1872 k
Printer
E-mail your order to: orders®esiereo.com r °