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Home My WebLink About96-04 RESOLUTIONRESOLUTION NO, 9 6- 0 4 A RESOLUTION TO APPROVE A CONTRACT WITH LIBRARY DESIGN SYSTEMS, INC. IN THE AMOUNT OF $34,650.00 TO MOVE LIBRARY PROPERTY (BOOKS, EQUIPMENT, FURNITURE, ETC.) TO THE NEW LIBRARY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the contract with Library Design Systems, Inc., attached as Exhibit "A", to move the Fayetteville Public Library property (books, equipment, furniture, etc.) from the existing Fayetteville Public Library to the new Fayetteville Public Library for the amount of $34,650.00. PASSED and APPROVED this the 6`" day of July, 2004. ATTEST: By: .......WTR'..,,�. .``�C'G5i Y �p SGp' • c^ -o• .;o: By: :FAYETTEVILLE: Fitt NSIts .y`NG iON��GO,,` SONDRA SMITH, City Clerk APPROVED: DAN COODY, Mayor • Between the Contractor: And the Owner. The Project: • • CONTRACT (revised June 22, 2004) Library Design Systems, Inc. 519 Pecore St. Houston, Texas 77009 Tel. 713-869-4075 . The City of Fayetteville Administration Building West Mountain Street Fayetteville, Arkansas 72701 Tel. 479-571-7000 Relocation of Fayetteville Public Library The Library Design Systems, Inc. and City of Fayetteville agree as set forth below. Article 1 THE CONTRACT DOCUMENTS 1. This document, the Request for Proposal issued by the Fayetteville Public Library and proposal submitted by Library Design Systems, Inc. constitute the entire agreement between the parties. These form the Contract, and are as fully a part of the Contract as if attached to this Agreement and repeated herein. Article 2 THE WORK 1 Library Design Systems, Inc. shall perform all the Work required by the Contract Documents, specifically its proposal as accepted by the City of Fayetteville to include: a. All labor, materials, equipment and insurance as required for the Relocation of Fayetteville Public Library per Request For Proposal dated March 31, 2004 to include Amendments dated April 20, 2004, April 23, 2004, April 30, 2004. Article 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 1. The Work to be performed under this Contract shall be commenced As per Schedule, subject to adjustments caused by any delay in the completion of the new library and its availability to have items moved into it and shall be substantially completed not later than two weeks after receiving the Fayetteville Public Library's notification of the date to start the move. 2. Time is of the essence of this Contract. Article 4 THE CONTRACT SUM 1. The City of Fayetteville shall pay Library Design Systems, Inc. in current funds for the performance of the Work the Contract Sum of THIRTY-FOUR THOUSAND SIX HUNDRED FIFTY dollars ($34,650.00). The Contract Sum is determined as follows: Relocation Services $ 33,000.00 Performance Bond $ 1,650.00 Article 5 FINAL PAYMENT 1. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be due when the Work described in this Contract is fully completed and performed in accordance with the Contract Documents and is satisfactory to the Fayetteville Public Library and City of Fayetteville, and shall be payable as follows: THIRTY (30) DAYS FROM INVOICE DATE. Article 6 INSURANCE 1. Library Design Systems, Inc. shall provide to the City of Fayetteville a copy of its liability insurance in the amount of $4,000,000 to insure the value of any damage to Fayetteville Public Library or City of Fayetteville property. Article 7 CHANGES IN WORK 1. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor in advance of the change in scope, cost or fees. 2. Library Design Systems, Inc. may be ordered in writing by the City of Fayetteville, without invalidating the Contract, to make changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. The Contractor, prior to commencement of such changes or revised Work, shall submit promptly to the City of Fayetteville and the Fayetteville Public Library written copies of any claim for adjustment to the Contract Sum and Contract Time for such revised Work in a manner consistent with the Contract Documents. Article 8 FREEDOM OF INFORMATION ACT 1. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information request is presented to the City of Fayetteville, Library Design Systems, Inc. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Article 9 JURISDICTION 1. Legal jurisdiction to resolve any disputes must be Washington County, Arkansas with Arkansas law applying to the case. This Agreement entered into as of the day and year written below. CO Lib CTOR OWNER Inc. 17 (si &rag;-(A—)LLk AVIA 5 (print name)/ Date 061J1/904 Library Design Systems, Inc. 519 Pecore St. Houston, TX 77009 CITY OF • YETTE LLE By: .er. Alt I DAN COODY, ayor r., �.�144,__- tl ATTEST - By: SONDRA SMITH, City Clerk Date x/6/0,7 NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 96-04 wlAgreement Document 1 1 06/23/04 Staff Review Form 2 draft resolution 3 copy proposed agreement 4 copy of Certificate of Insurance 5 copy of Certificate of Liability Insurance 6 copy of list for RFP 7 copy of email to Louise Schaper 8 copy of email to cpearman from Cathy Rew g copy of email to Judy Housley 10 copy of email to Cathy Rew 11 memo to Louise Schaper 12 13 14 15 16 17 NOTES: • AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM For the Fayetteville City Council Meeting of: Kes • 7/6/09 leo-09 Library Aeseen ,Z,✓C FROM: Louise Schaper Name Fayetteville Public Library General Government Division Department ACTION REQUIRED: Review contract between Library Design Systems, Inc. and The City of Fayetteville for relocations services for the Fayetteville Public Library. COST TO CITY: $ 34,650.00 $ 8,950,917 New Library Cost of this request Category/Project Budget Program Category / Project Name 4150-9150-580400 $ 7,250,155 New Library Account Number 99073-1 Project Number Funds Used to Date Program / Project Category Name $ 1,700,762 Library Construction Fund Remaining Balance Fund Name BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached 6.2' 0`/ Budget Manager' Date CONTRACT/GRANT/LEASE REVIEW: is . 4/a/ /UV/ oiic,i ilaitloy Accou t'ng Ma .ger V Date Internal Au itor Date 6/LZ/o`/ City Attorney Date Purchasing Manager Date to 4 STAFF RECOMMENDATION: Division Head 6/L3(IY Date Cross Reference New Item: Yes No Department e.. Director / Date ,�,/ Previous Ord/Res#: ��,IA co `23^v� Orig. Contract Date Finance „& „Internal Services Dir. Date Orig. Contract Number (a Chieinist ative Officer Date ra L� Mayor cl 700 A 0. q, / Date 411,taff Review Form - Page 2 • Description Contract Review: Relocation Services for the Library Meeting Date Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager Internal Auditor 6%i*(ac,! CIO S(`avtti) tt Ctrs athni Finance & Internal Services Director Chief Administrative Officer Reference Comments: RESOLUTION NO. A RESOLUTION TO APPROVE A CONTRACT WITH LIBRARY DESIGN SYSTEMS, INC. IN THE AMOUNT OF $34,650.00 TO MOVE LIBRARY PROPERTY (BOOKS, EQUIPMENT, FURNITURE, ETC.) TO THE NEW LIBRARY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the contract with Library Design Systems, Inc., attached as Exhibit "A", to move the Fayetteville Public Library property (books, equipment, furniture, etc.) from the existing Fayetteville Public Library to the new Fayetteville Public Library for the amount of $34,650.00. PASSED and APPROVED this the 6`h day of July, 2004. By: ATTEST: By: SONDRA SMITH, City Clerk APPROVED: %so DAN COOPfP, Mayor Between the Contractor: • And the Owner. The Project: • • CONTRACT (revised June 22, 2004) Library Design Systems, Inc. 519 Pecore St. Houston, Texas 77009 Tel. 713-869-4075 The City of Fayetteville Administration Building West Mountain Street Fayetteville, Arkansas 72701 Tel. 479-571-7000 Relocation of Fayetteville Public Library The Library Design Systems, Inc. and City of Fayetteville agree as set forth below. Article 1 THE CONTRACT DOCUMENTS 1. This document, the Request for Proposal issued by the Fayetteville Public Library and proposal submitted by Library Design Systems, Inc. constitute the entire agreement between the parties. These form the Contract, and are as fully a part of the Contract as if attached to this Agreement and repeated herein. Article 2 THE WORK I. Library Design Systems, Inc. shall perform all the Work required by the Contract Documents, specifically its proposal as accepted by the City of Fayetteville to include: a. All labor, materials, equipment and insurance as required for the Relocation of Fayetteville Public Library per Request For Proposal dated March 31, 2004 to include Amendments dated April 20, 2004, April 23, 2004, April 30, 2004. Article 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 1. The Work to be performed under this Contract shall be commenced As per Schedule, subject to adjustments caused by any delay in the completion of the new library and its availability to have items moved into it and shall be substantially completed not later than two weeks after receiving the Fayetteville Public Library's notification of the date to start the move. 2. Time is of the essence of this Contract. Article 4 THE CONTRACT SUM 1. The City of Fayetteville shall pay Library Design Systems, Inc. in current funds for the performance of the Work the Contract Sum of THIRTY-FOUR THOUSAND SIX HUNDRED FIFTY dollars ($34,650.00). The Contract Sum is determined as follows: Relocation Services $ 33,000.00 Performance Bond $ 1,650.00 Article 5 FINAL PAYMENT 1. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be due when the Work described in this Contract is fully completed and performed in accordance with the Contract Documents and is satisfactory to the Fayetteville Public Library and City of Fayetteville, and shall be payable as follows: THIRTY (30) DAYS FROM INVOICE DATE. Article 6 INSURANCE 1. Library Design Systems, Inc. shall provide to the City of Fayetteville a copy of its liability insurance in the amount of $4,000,000 to insure the value of any damage to Fayetteville Public Library or City of Fayetteville property. Article 7 CHANGES IN WORK 1. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor in advance of the change in scope, cost or fees. 2. Library Design Systems, Inc. may be ordered in writing by the City of Fayetteville, without invalidating the Contract, to make changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. The Contractor, prior to commencement of such changes or revised Work, shall submit promptly to the City of Fayetteville and the Fayetteville Public Library written copies of any claim for adjustment to the Contract Sum and Contract Time for such revised Work in a manner consistent with the Contract Documents. Article 8 FREEDOM OF INFORMATION ACT 1. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information request is presented to the City of Fayetteville, Library Design Systems, Inc. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Article 9 JURISDICTION 1. Legal jurisdiction to resolve any disputes must be Washington County, Arkansas with Arkansas law applying to the case. This Agreement entered into as of the day and year written below. CONTRACTOR OWNER Library Design Systems, Inc. CITY OF FAYETTEVILLE By: (signature) DAN COODY, Mayor ATTEST: By: (print name) SONDRA SMITH, City Clerk Date Date Library Design Systems, Inc. 519 Pecore St. Houston, TX 77009 Jun 18 04 10:05a Library 06/18/2004 09:19 281481805 Design Systems 713-869-4168 FAR&RSN!I NSIJRANCES• ACORD R, CERTIFICATE OF LIABILITY INSURANCE JUN JUGUILON INSURANCE AGENCY 12040 BEAMSR RD, STE D HOUSTON, TX 77089 281-481-8005 Immo LIBRARY DESIGN SYSTEMS, INC. 519 PECORE HOUSTON. TX 77009 (713)869-4075 COVERAOE5 P•2 PAGE 02 DAn I•WOOPYI 06/17/04 THIS CERTIFICATE IS AMMO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOIDEN. THIS CERTIFICATE DOES NOT AMEND, EXTEND 011 ALTER THE COVERAGE AFFORDED SY THE POUOES BELOW. INSURERS AFFORDING COVERAGE imam.: FARMERS INSURANCE EXCHANGE suss.. MID-CENTURY INSURANCE CO. MGLAER C: TRUCK INSURANCE EXCHANGE memmere WSW E: THE POLICIES OP MUMS= LISTED NEWT HAVE SERI tESUEO TO TME INSURED WSW ABOVE FOE THE POLICY nrnOO PID CATW. MOTWITHSTANOMO ANY REQWIWGET. MRS MI CONDITION N Or ECONTRAST OR OTHER DOCUMENT WITH RESPECT TO WHId1 TNN CERTIRCATE MAY DE Info OF PSRO• MAY TA. THE INSURANCE AMMO) DY THE POLICIES OESCNDfl Pen. G SUDaCT TO ALL TME TGNq, EXCLUSIONS AND COMOITMTNS OP SUCH PDUte:E. AGGREGATE LAIRS SHOWN MAY HAVE DEEM RERUCW DY rAm CLAIMS. •TINS 1116 09 INSURANCE POLICY I.LI.LIWI DUNO.AL LIAIWTY A X EMINE CW amnia LWIAIIY CLADS MADE X run 01 N'1 Auoraci ATE Lein' Arnica MN POLICY .AC• T AYTOMDEME llAS RY WAND X ALL OMMED AYTOI SCI*DULEO AVTGC B X MADAMS X MDMOMQD AUTOS UIIN.DE LMSInY ANY AIRY/ ECM* Lane X OCCUR LDC CLAWS moos C OMUCEIELA TIE10I1TDN • iaiM COMnsATN1R AND WIROMIO' WARM/ OYSTER 7599-41-24 6935-84-52 DATE EM�Ipo alg Atett/YY1 LEM IACAOCQAER.CE .200O,000 nna .Quwpsm .75,000 NEDOWIAwwr/•sa11 • 5,000 01-16-04 01-16-05 TEIIEOMALIAW.LAIM 4,000.000 otMeNLADma*n 4,000,000 PIw0IATE-CdMIonAOO 4,000,000 WSW IMOLE IbM duet WT 1,000,000 SOOAY NIAIIY IM PPs•,.1 01-16-04 01-16-05 MOLY 6935-50-28 01-16-04 ref em •r0 ter CASON AUTO ONLY . EA ACCIMM OTTER THAN AUTO NAY; •ALM OWUMO.CE u me mn 01-16-05 DESCRIPTION OF OKMT ONS ILOCATMMANDECLE71F1d.11-MP WOW NY AIO INSIS MPETAL novwOIS CERTIFICATE HOLDER X AeMONAL IMOTAID: ISS Inn Peggy Vice Purchasing Manager City of Fayetteville 113 West Mountain St. Fayetteville, AR 72701 EA ACC AOO OEI1 M a • • 500 DED 1 • 3,000,000 1 • 1 • E1. EACH ACCOUNT 1 I1. ODEA! • M INP OEtI • EA. !AY . POLICY NUT • CANCELLATION I.IOIAO ANY Of no AIOYE DIICaNLED /Qua i ONICIL AM MOM Ile Wan DATE T EMDF. M *n SOLIIe. GpdYENDI TO .aa OATS MMTIM DOTIC! TO We Cara An HOUMA Mee TO TIE Litt, EMT nl/IU.E TO op b • WOW MD won OI LEI n' Cr ANY CM PEON TM MIL— m MMMT ATM. maannimir mhia Jun 18 04 10:O5a Library • Design Systems 713-8f.-4168 p.3 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATEIMM100/TYYI 6/15/2004 PRODUCER Marsh Advantage America 1000 Main Street, Suite 3000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENDOR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston, Texas 77002 713-276-8000 INSURERSAFFORDINGCOVERAGE NAICF IN$ORED Library Design Systems, Inc. P.O. Box 8540 Houston, TX 77249-8540 1 INSURER A: Amer Lean Dome Assurance Company GENERAL INSURER D: INSURER C: INSURER D. S INSURER F. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING A Y REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RE PECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. AGGREGATELIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 1a LW WCL NSRD TYPEOF INSURANCE PoDCYNUMBER IWULYEFFEC I IVL DATFIMMDDM'1 POUI.V bXPIRA I IUN DATEIMMRDAM LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAL.ETO RENT kD PREMISE$IEa occurence1 S ICLAIMSMADE OCCUR MED EXP (Anyone person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE 1 5 GENt AGGREIG�ATEILIMITAPPUESPER: PRODUCTS- COMP/OPAGG S POLICY I IJFCT I ILOC AUTOMOBILEUIBIUTY _ ANYAUTO ALL OWNED AUTOS COMBINED SINGLELIMIT (Ea acoder1I S BODILYINIURY .� _ SCHEDULED AUTOS MIRED AUTOS (Per person) S BODILYINJURY (Perecd&ea) S NOWOWNEDAUTOS PROPERTY DAMAGE (Perec6aam) $ GARAGE LIABILITY ANYAUTO AUTO ONLY. EA ACCIDENT 5 OTHER THAN EAACC $ AUTOONLY: AGG S EEXXCESSIUMBRELLAUADIUTY EACH OCCURRENCE $ OCCUR CLAIMSMADE AGGREGATE 1 —1 S DEDUCTIBLE S _ RETENTION S_ S A WORKERSOMPENSATIONAND EMPLOVERS'UABILIT' ANY ROM OFFICER/MEMBER eanamwnaer SR FCIALPROVISIONSQMDe, ETdVMFTNER,£MECVILVE EXCLUDED? WC1740155 1/16/04 1/16/05 XITORVI MT$ I IDffi- ER E.L. EACH ACCIDENT S 1,000,000 E.LOISEASE- EAEMPLOYEE $ 1.000 000 E L DISEASE POLICY LIMIT S L 000.000 OTHER DESCRIPTIONOF OPERATIONS/LOCATIONS/VEHICLES/ EXCLUSIONSADDED BY ENDORSEMENT ISPECIALPROVISIONS RE: Fayetteville Public Library Relocation Services CERTIFICATE HOLDER CANCELLATION City of Fayetteville 113 14. Mountain St. Fayetteville, AR 72701 Atter: Peggy Vice, Purchasing Manager 1 ACORD2S(2001/08) SHOULD ANY OF THE ABOVEDESCRIBED POUCIESBE CANCELLED BEFORETHE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT.BUT FAILURE TO DOSO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENT$OR REPRFSENTATIVES. AUTHORIZED REPRESENTATIVE O ACORD CORPORATION 1988 June 18, 2004 List of Proposals received in response to the RFP for Relocation Services for the Fayetteville Public Library: 1. National Library Relocations, Inc. 70 Bridge Road Central Islip, New York 11722-1411 2. American Interfile & Library Services, Inc. 55 Sweeneydale Avenue Bay Shore, New York 11706 3. Apex and Robert E Lee Moving & Storage 3195 Franklin -Limestone Rd. Antioch, TN 37013 Graebel Movers, Inc. 2601 SE J. Street Bentonville, AR 72712 5. William B. Meyer 255 Long Beach Blvd. Stratford, CT 06615 6. Library Design Systems, Inc. (SELECTED) P.O. Box 8540 Houston, TX 77249-8540 Clarice Pearman - Design Systems, Inc. From: Clarice Pearman To: Schaper, Louise Subject: Design Systems, Inc. The Council passed a resolution regarding a contract with Design Systems on July 6, 2004. The contract that we have as an attachment is not signed. Please get a signed agreement from Design Systems so that we can continue the resolution processing. Please let me know when I might expect a sign contract. Thanks. Clarice Page 1 Clarice Pearman - Moving contract From: "Cathy Rew" <crew@faylib.org> To: <cpearman@ci.fayetteville.ar.us> Date: 7/7/04 4:21 PM Subject: Moving contract Clarice, I took that signed contract to Kit Williams office back in June to be attached to the info for council. Could you check there? Thanks, Catherine Rew Clarice Pearman - Fwd: Moving contract Page 1 From: Clarice Pearman To: Housley, Judy Date: 7/7/04 4:47PM Subject: Fwd: Moving contract I'm looking for a contract that needs to be Ex. A for the library moving contract with Design Systems, Inc. This is a contract attached but it is not signed. I'm forwarding Cathy Rew's email to you. Please let me know if you have this contract in your office and see that I get it to attached to the resolution for signature of the mayor. From: Clarice Pearman To: Rew, Cathy Date: 7/7/04 4:49PM Subject: Re: Moving contract There is a copy of the contract attached to the back up for this item but there is not a signed contract. You're welcome to come look at the back up items. I also forwarded your email to city attorney's office and maybe they have it. Thanks. Clarice FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 DEPARTMENTAL CORRESPONDENCE To: Louise Schaper Fayetteville Public Library From: Clarice Buffalohead-Pearman City Clerk Division Date: July 19, 2004 Re: Resolution No. 96-04 The City Council passed a resolution, July 6, 2004, approving a contract with Design Systems, Inc. to move the library property to the new library. Attached is a copy the resolution and one of two originals of the contract for services. The resolution with attachments will be recorded hi the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor