TIMBERLAND REGIONAL LIBRARY CONTRACT. (360) UBI No Contractor License No. LIBRASI01QP

Transcription

1 TIMBERLAND REGIONAL LIBRARY CONTRACT THIS AGREEMENT is entered into between Timberland Regional Library (the LIBRARY ) and Library Systems, Inc. of Camano Island, Washington, (the CONTRACTOR ), for the project known as The Ocean Park Timberland Library Addition Shelving Installation Project (the Project ). Vendor Information: Library Systems, Inc. 859 Brokaw Rd. Camano Island, WA librsys@wavecable.com (360) UBI No Contractor License No. LIBRASI01QP PURPOSE The purpose of this contract is to provide and install new shelving, with LED lights on 78 high book stacks, with seismic construction, as specified in the Architect s Drawings and Revised Floor Plan. Floor electrical connections shall be provided by others. In addition, CONTRACTOR shall install existing shelving with LED lights on 78 high book stacks, seismic construction, and new end panel metal tops on 78 high units and wood tops on 54 sections to match existing as close as possible. SCOPE OF WORK A. New shelving shall consist of the schedule following: 1. NS High Seismic SF 4 10 Shelves Integral 2 Metal Tops 3 Gussets 3 MJBASE3612 Flat 2. NS High Seismic SF (5 Per Section) 20 - MJHIN 312 Plex-D 2 Metal Tops (12 base) 5 Gussets MJBASE3612 Flat (2 end panels) 3. NS-3

2 6 MJ Frames 6 MJBase Flat 3610 (10 ) Integral (10 ) 1 CT Top 4 Pair Top Brackets (No End Panels) 4. NS High Seismic DR Base Shelf 3 Metal Tops Integral Shelves 4 Gussets DF (2 end panels) 5. NS Frames DF 5 Base Shelves Flat 3 MJHN 3612 PER (3) 15 ADJ 12 Integral Shelves 1 HPL Canopy Top 2 54 End Panels B. The CONTRACTOR shall provide services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: 1. In accordance with Architect s Drawings and Revised Floor Plan, provide and install new shelving as specified above, with LED lights on 78 high book stacks, and with seismic construction. Floor electrical connections shall be provided by other. 2. In accordance with Architect s Drawings and Revised Floor Plan, install existing shelving, with LED lights on 78 high book stacks, with seismic construction. 3. Reuse existing shelving tops and end panels. 4. New shelving shall include lights and seismic construction. New end panels and metal tops on 78 high units, and wood tops on 54 sections to match existing as close as possible. 5. New shelving items shall include NS-1, NS-2, NS-3, NS-4 and NS-5. New end panels are to be provided for NS-1, NS-2, NS-4, and NS-5. New tops are to be provided for NS-3 and NS-5. Seismic Gussets are to be provided for new and existing 78 high units. 6. Shop drawings shall be supplied to LIBRARY for approval. C. The CONTRACTOR shall produce the following written reports or other written documents (deliverables) by the dates indicated below: Ocean Park Library Addition Shelving Project Page 2 of 5

3 Shop Drawings are to be provided to LIBRARY for approval by acting Library Director, not later than August 31, All written reports required under this contract must be delivered to Gwen Culp, acting Library Director, as the Contract Manager. PERIOD OF PERFORMANCE Subject to other contract provisions, the period of performance under this contract shall be from August 23, 2012 through December 31, COMPENSATION/ PAYMENT The LIBRARY shall pay an amount not to exceed sixty-four thousand five hundred dollars and no cents ($64,500.00), exclusive of sales tax, for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. CONTRACTOR'S compensation for services rendered shall be based in accordance with the following terms: BILLING PROCEDURES LIBRARY shall pay CONTRACTOR upon receipt of properly completed invoices, which shall be submitted to the contract manager. The invoices shall describe and document, to the LIBRARY S satisfaction, the work performed the progress of the project, and fees. Payment shall be considered timely if made by the LIBRARY within thirty (30) days after receipt of properly completed invoices. Payment shall be sent to the address designated by the CONTRACTOR. The LIBRARY may, in its sole discretion, terminate the contract or withhold payments claimed by the CONTRACTOR for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this contract. Payment in advance of 50% shall be made upon execution of this contract for the purchase of materials. No advance payments for services shall be made. The LIBRARY shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed. DUPLICATION OF BILLED COSTS: The CONTRACTOR shall not bill the LIBRARY for services performed under this contract, and the LIBRARY shall not pay the CONTRACTOR, if the CONTRACTOR is entitled to payment or has been or will be paid by any other source, including grants, for that service. INSURANCE The CONTRACTOR shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the LIBRARY should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the Ocean Park Library Addition Shelving Project Page 3 of 5

4 CONTRACTOR or subcontractor or agents of either, while performing under the terms of this contract. The insurance required shall be issued by an insurance company(s) authorized to do business within the state of Washington, and shall name the TIMBERLAND REGIONAL LIBRARY, its agents and employees, as additional insureds under the insurance policy(s). All policies shall be primary to any other valid and collectable insurance. CONTRACTOR shall instruct the insurers to give LIBRARY 30-days advance notice of any insurance cancellation. CONTRACTOR shall submit to the LIBRARY within 15-days of the contract effective date, a certificate of insurance, which outlines the coverage and limits defined in the Insurance section. CONTRACTOR shall submit renewal certificates as appropriate during the term of the contract. The CONTRACTOR shall provide insurance coverage that shall be maintained in full force and effect during the term of this contract, as follows: Commercial General Liability Insurance Policy Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence. Additionally, the CONTRACTOR is responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. ASSURANCES The LIBRARY and the CONTRACTOR agree that all activity pursuant to this contract shall be in accordance with all the applicable current federal, state and local laws, rules, and regulations. WARRANTIES The CONTRACTOR guarantees workmanship for ten (10) years from date of execution of contract and that shelving provided shall be new and of industry standard quality in the trade and in accordance with the approved shop drawings submitted by CONCTRACTOR. CONTRACTOR S obligations and liabilities under this Contract are expressly and exclusively limited to repair or replacement of defective products or, at the option of supplier, to the refund of the purchase price. IN NO EVENT SHALL THE CONTRACTOR BE RESPONSIBLE FOR LOSSES CAUSED BY IMPROPER OR INSUFFICIENT MAINTENANCE, NORMAL WEAR AND TEAR, AND ANY IMPROPER OPERATING, AND STORING. ORDER OF PRECEDENCE Each of the exhibits listed below is by this reference hereby incorporated into this contract. In the event of an inconsistency in this contract, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state of Washington statutes and regulations. 2. Exhibit A CONTRACTOR S Proposal; and 3. Exhibit B - New Shelving List provided by Library systems, Inc. Ocean Park Library Addition Shelving Project Page 4 of 5

5 ENTIRE AGREEMENT This contract, including referenced exhibits, represents all the terms and conditions agreed upon by the parties. No other understandings or representations oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. APPROVAL This contract shall be subject to the written approval of the LIBRARY S authorized representative and shall not be binding until so approved. The contract may be altered, amended or waived only by a written amendment executed by both parties. THIS CONTRACT, consisting of five pages and three attachments, is executed by the persons signing below who warrant that they have the authority to execute the contract. Library Systems, Inc. Timberland Regional Library Signature Signature Title Date Title Date Ocean Park Library Addition Shelving Project Page 5 of 5