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HomeMy WebLinkAbout2005 CON C&M Relocations Systems - Moving of Library Books to New LibraryAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND C&M RELOCATIONS SYSTEMS THIS AGREEMENT is entered into this 21st day of June, 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and C & M Relocation Sysytems (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide moving services from the old library to the new library. WHEREAS, the CITY has determined that the CONTRACTOR is a qualified moving company and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit _A_ The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit Ato keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15_% from the base amount. Revised April 2005 3. PROJECT COORDINATION AND SUPERVISION. Stephen Kirkpatrick, City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Larry Mandel thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit _A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. A payment of 50% of the total base amount given in Exhibit A_ will be due upon phase (1) (Planning Phase). The remaining balance will be processed for payment when the move is completed, and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A_ as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A . 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the 2 Revised April 2005 CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current 3 Revised April 2005 City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES. PERMITS. ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous 4 Revised April 2005 places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 Revised April 2005 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. 6 Revised April 2005 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and Tess any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 7 Revised April 2005 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, retum receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of Califomia) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Stephen Kirkpatrick, City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Larry Yandel C & M Relocation Sysytems 9323 Stevens Road Santee, CA 92071 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 Revised April 2005 ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the 9 Revised April 2005 drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney C & M Relocation Systems (Two signatures required for a corporation) By: By: (Title) 'iteun" 10 Revised April 2005 CAL` P.U.C. MTR-186640 Fi Office • Biotech • Industrial • Machinery - Residential • Electronics • Storage Friday, June 24, 2005 Ann Campbell National City Public Library 200 E 12th St. National City, CA 91950 Dear Martin: First of all, thank you for taking the time out of your already busy schedule to meet me and discuss the National City Public Library relocation project. I am sure that you have been inundated by countless vendors inquiring about this project. C&M Relocation Systems wants to develop a relationship that is beneficial, not bothersome. We feel that it is important to provide customers with a background and knowledge of C&M Relocation Systems. Therefore, we are providing you with an overview of C&M Relocation Systems. C&M Relocation Systems is an owner -operated business. We do not use commissioned sales people, we own our facilities, equipment and vehicles and only employee full -tune personnel. C&M Relocation Systems does not use sub -contractors to perform their services. The purpose of operation of the company is to successfully procure work and to meet the expectations, commitments and obligations of our customers with the best service and quality in the relocation industry. C&M Relocation Systems is a full service company. We offer commercial moving services and specialize in the relocation of offices, industrial facilities, bioscience facilities, heavy machinery and computer workstation relocations. In addition, C&M provides warehousing and storage services. C&M Relocation Systems was created in 1986 as a commercial moving company. Since then, we have performed countless relocation projects throughout Southern California. Our goal is to develop long-term relationships with our customers. We have been extremely successful. C&M Relocation Systems has long term move relationships with La Jolla Riford Library, Alliant University Library, Qualcomm, SAIC, Nokia, Ericsson Wireless, The University of San Diego, the Department of Homeland Security, Cardinal Health, Clear Channel Communications and C&M put the Padres in Petco Park, to name a few. We are looking forward to the opportunity to develop the same long term relationship with you. When you use C&M Relocation Systems you will receive superior quality. C&M Relocation Systems uses in-house company employees to perform moving services. Currently, C&M Relocation Systems has in its employ 105 full-time drivers, supervisors, installers and movers. We believe that it is important that our customers know C&M Relocation Systems does not use contractors to complete move projects. There is no part of a move that C&M Relocation Systems subcontracts. C&M Relocation Systems is able to perform all relocation requirements with its in-house crew. Moreover, C&M's supervisors are working supervisors. The working supervisors are full time employees of C&M Relocation Systems. C&M Relocation Systems has the required manpower to perform your company's moving needs. EXHIBIT "A" 9323 Stevens Road • Santee, CA 92071 • 1-888-514-6477 • FAX: (619) 562-6373 www.biomover.com • www.cmtransfer.com CAM Relocation Systems .. . Again, thank you for giving C & M Relocation Systems the opportunity to submit this proposal and be involved in this important National City Public Library relocation project. The information presented during the walk through was thorough, clear and concise. I have endeavored to prepare this proposal likewise. This proposal will highlight the following strengths and advantages of C & M Relocation Systems as the selected contractor for the National City Public Library move project. Experience National City Public Library needs the most experienced commercial mover to ensure a smooth transition into its new facility. C & M Relocation Systems will bring impressive experience to the National City Public Library project. In addition to the references provided at the end of this proposal, C & M Relocation Systems has completed thoncands of facility moves for such companies as Qualcomm, SAIC, Nokia, Cardinal Health, 3F Therapeutics, Quantum Magnetics, Clear Channel Communications, Ericsson Wireless Communications, Quidel Corporation, Phenomix, The University of San Diego, The San Diego Padres Baseball Club and countless others. Team Player Perhaps the single most important in the planning and successful execution of a facility relocation of this scope and magnitude, is the "working relationship" between the customer and contractor. Larry Yandel of C & M Relocation Systems has twenty years experience in relocation project management. Larry Yandel will develop an effective working rapport with National City Public Library facility management and personnel. We are genuinely excited about this project and look forward to working National City Public Library as the selected relocation contractor. Relocating is complicated, C & M Relocation Systems makes it easy and manageable. Remember that better planning gets better results. From our "Do It Right The First Time" guarantee, competitive pricing, single point of contact accountability, up-to-date modernized move equipment and personnel, to the myriad of related services offered, C & M Relocation Systems has the solutions to your relocation needs. EXHIBIT "A" 2 Company Name, Address, Telephone, Fax C & M Relocation Systems 1925 Gillespie Way E1 Cajon, CA 92020 Contact: Mick Mahaffey Jim Washam Mike Muttoni Larry Yandel Joyce Persichilli Cheryl Glaser Cesar Castillo John Anderson Telephone Number and Contact Persons Telephone: (619) 562-6111 Fax: (619) 562-6373 Operations: (619) 449-2047 Position: President/CEO Vice Presidennt/CFO Operations & Dispatch Mgr. Commercial Sales Accounting Dept. Relocation Coordinator Business Development Warehouse Manager Extension: 101 102 106 105 119 111 103 100 Insurance provided as part of this proposal: $2,000,000 General Liability Full Workers Compensation It is the policy of C & M Relocation Systems to repair or replace any items damaged during the handling of your move up to the statutory Limits of sixty cents per pound per article. For the purchase of additional valuation, please consult your relocation project manager. Your best protection against loss and damage is choosing a reliable mover and carefully packing your goods. It is a good idea to get in contact with your insurance company to find out how much coverage is already provided by your existing insurance policies. Remember, when setting the value, be realistic about the value of your assets. EXHIBIT "A" 3 Move Cost Proposal Section I — Pack all books and editions onto double -sided library carts, move to new location, and unpack all books and editions onto the new shelving in the library. Scone of Work: C&M Relocation Systems will provide an experienced packing team to load all books and editions onto double -sided library carts, keeping the integrity of their order. Once loaded, each library cart will be shrink-wrapped and prepared for movement. All library carts will be loaded onto the moving vans and,transported to the new location. Once in the new location, the books and editions will be removed from the library carts and placed on the new shelving in their designated location(s). Time Frame — 3 Days. 8 Hours Per Day. Truck Loads = 10 3 Moving Vans + Working Drivers 20 Movers 2 Working Supervisors 150 Library Carts Pre -Move Employee Training Meeting (a3 NO CHARGE Flooring and Building Protection ® NO CHARGE NO FUEL OR ENERGY SURCHARGE/NO HIDDEN FEES Not -to -Exceed Cost for Section I $35,190.00 Section 1I — Move All Office Belongings, Carts and Some Computers to the New Location. Scone of Work: C & M Relocation Systems will provide National City Public Library with labor, supervision, materials, transportation and equipment to relocate the assets specifically described during the pre -move facility walk through. On move day, C & M Relocation Systems will mobilize all assets on carpeted 4-wheel dollies, padded panel carts and gondolas. Once mobilized, C & M Relocation Systems will load, transport, off load and place all assets in their predetermined areas within the new facility. This move will take place on the fourth day. A pre move -planning meeting will be provided to all employees and personnel at no additional charge. The planning meeting will cover packing instructions, labeling procedures and room lay-outs/design. Move Time Frame — 8 Hours. Truck Loads = 4 2 Moving Vans+ Working Drivers 12 Movers 2 Working Supervisor 900 Office & Industrial Moving Boxes 25 Gondolas 1 Delivery and 1 Post Move Pickup of Materials Color Coded Moving Labels @ NO CHARGE Pre -Move Employee Training Meeting © NO CHARGE Flooring and Building Protection @ NO CHARGE NO FUEL OR ENERGY SURCHARGE/NO HIDDEN FEES Not -to -Exceed Cost for Section II $ 10,945.00 EXHIBIT "A" I; Move Cost Proposal Continued .. . Section III — History/Archive Room Relocation. Scone of Work: This move requires special handling. C&M Relocation Systems will provide a dedicated truck along with a specialized move team experienced in the proper methods of handling antique artwork and furniture. This work will also be completed on the fourth day. Move Time Frame — 8 Hours. 1 Moving Van + Working Driver 6 Movers 1 Working Supervisor 60 Tyga Boxes 30 Gondolas Miscellaneous Packing Supplies 1 Delivery and 1 Pickup of Materials Not -to -Exceed Cost for Section III Not -to -Exceed Cost for the National City Public Library Relocation Project Truck Loads = I $ 3.850.00 $49,985.00 Buyer Beware!: Are you receiving a Not -to -Exceed move cost proposal or just an Estimate? Compare your relocation proposals and make sure that each vendor is providing you with a Not -to -Exceed move cost proposal. 5 EXHIBIT "A" Getting Ready for the Move! RESPONSIBILITIES OF C&M RELOCATION SYSTEMS 1. Provide budgetary information to relocate. 2. Conduct physical inspection of all sites, including off -site storage, if applicable. 3. Evaluate all aspects of time, distance, motion and access. Define scope of work. 4. Contact property management group (building manager) to arrange for issuance of insurance certificates. 5. Introduce project management team to move committee members, schedule and conduct pre -move instructional meetings, prioritize needs, schedule events. 6. Apply building protection, i.e. masonite floors, comer protection, etc. 7. Execute move to successful conclusion. 8. Attend post -move review. 9. Immediately resolve any claims issues. RESPONSIBILITIES OF National City Public Library 1. Establish Move Committee to interface with the movers. Define company concerns. 2. Issue written notification of intent to move to all building managers. Include dates and request the use of freight elevator(s). Secure copy of building schedule, i.e. delivery, janitorial service, etc. 3. Participate in pre -move instructional meetings. 4. Conduct internal meetings to reinforce expectations. 5. Purge un-needed items well in advance of the move. 6. Packing of all items is the expressed responsibility of National City Public Library employees except as noted and agreed. 7. Provide movers with telephone list of all Committee members. 8. Consult manufacturing representatives regarding servicing of copiers, computers, postal machines, etc. We routinely transport these items but do not want to compromise any existing service contracts or warranties. 9. Employees or designated third party technicians will provide all disconnect/reconnect services. 10. Employees will perform all unpacking services. 11. Ask questions. Get informed. Maintain a positive attitude. EXHIBIT "A" 6 C & MRelocation Systems Project Manager: C & M Relocation Systems will provide National City Public Library with a project manager to assist you in developing the move plan. The project manager is provided at no additional cost. C & M Relocation Systems realizes that the foundation for a successful biotech facility relocation project is precise planning, efficiency and communication. All relocation projects are different, however, the objective is the same...minimi7e company downtime. We specialize in this complex area by providing experienced and prepared project managers dedicated to meeting your needs and making sure that your company is up and running as soon as possible. Equipment & Personnel: C & M Relocation Systems uses up-to-date modernized moving equipment and vehicles. In fact, our specially equipped fleet with shock -absorbing air ride suspensions ensures safe transit for the mot delicate pieces of equipment. This will insure that the transfer of your company's high value belongings and sensitive equipment arrive the way you expect them to... in perfect condition. We also have available climate -controlled vans that protect sensitive components by maintaining critical temperature levels. In addition, our personnel are experienced and knowledgeable in the proper methods of handling sensitive laboratory equipment and the preferred procedures for packing glassware and instruments. Our drivers, packers and movers are chosen from among those with the best safety and performance records. Each receives special training in the padding and handling techniques required for today's sensitive equipment. Moving is demanding work that requires training and resources offered by only a select few moving companies. C & M Relocation Systems maintains specially designed equipment and highly skilled moving experts to make sure your job is completed on time and to your specifications. The depth and size of our company allows us to mobilize the needed resources for any requirement. C & MRELOCATION SYSTEMS' RESPONSIBILITIES 1. All C & M Relocation Systems move personnel will be dressed in company uniforms. 2. C & M trucks and trailers will be locked at all times and staged in a secure area, except when being loaded or unloaded. C & M to provide locks. 3. C & M Relocation Systems will blanket, bubble wrap and shrink-wrap all data processing equipment on the gondolas. The equipment will be moved in air -ride vans. 4. C & M Relocation Systems will provide National City Public Library with all necessary certifications. 5. C & M Relocation Systems' project manager will attend all required pre -planning and status meetings, including but not limited to an orientation meeting with the Move Coordinators, a Packing and Labeling Training meeting and a final meeting to answer all move related questions. 6. C & M Relocation Systems will provide sufficient qualified and experienced foremen in charge of each crew to complete the work in a timely, satisfactory manner to meet the start up of business as scheduled by National City Public Library. 7. C & M Relocation Systems' personnel will carry the appropriate hand tools to disassemble and reassemble any item. 8. C & M Relocation Systems will provide and install protective floor covering, wall pads, workstation, doorway and elevator protection where required. EXHIBIT "A" 7 C & MRelocation Systems Computer Moving Protocol: It is understood by C & M Relocation Systems that National City Public Library will disassemble all personal computers prior to the arrival of the move team. C & M Relocation Systems will provide the necessary equipment and trained personnel to move the desktop computer equipment (and peripherals), the fax machines, network printers, and photocopy equipment as designated. If you would like support with the disassembly, packaging and reassembly, please refer to the Networx Resource Group section of this proposal. C &,M Relocation Systems is a full service company specializing in all aspects of a relocation project. We are a professional moving company that is particularly qualified and experienced with the complexities and demands of moving sensitive, high value assets and electronics. National City Public Library's desktop computers and peripherals, fax machines, printers and photocopy equipment will be prepped, mobilized and relocated by the C & M Relocation Systems Electronics Division. Preparation: C & M Relocation Systems will provide National City Public Library's IT department with static -free protective bags to place the keyboard, cords, mouse and pad into. A label will be placed on the outside of the bag that corresponds to the destination location/room that it will be placed into. Prior to mobilization, your C & M Relocation Systems move team will prepare each personal computer by covering the monitor with a static -free bubble -wrap hood. Equipment: Once prepared for movement, your C & M Relocation Systems electronics move team will mobilize all high value equipment onto gondolas. After the gondola is filled with equipment, each shelf will be pad wrapped and then the entire unit will be tightly secured with shrink-wrap. There will be no access to the equipment while it is secured on the gondola. Transportation: Your C & M Relocation Systems electronics moving team will load the gondolas onto an electronics moving trailer. Our electronics trailers are equipped with hydraulic lift -gates and air -ride suspension. The hydraulic lift -gate and air -ride suspension will diminish the amount of movement and jostling that your high value assets will incur. We are concerned with the safe transportation of these items and take every precaution necessary to successfully transport these assets to your new facility. Placement: Once C & M Relocation Systems arrives at the destination, the gondolas will be off-loaded and taken into the facility. The shrink-wrap and pads will be removed. Your C & M Relocation Systems electronics moving team will remove the high value assets from the gondolas and place them in their pre - designated areas throughout the facility. The electronics crew will remove all prep material debris, pads and equipment from the facility. EXHIBIT "A" 8 Pre Move Consideration & Employee Education A pre move -planning meeting will be given five to ten days prior to the move. The meeting will involve National City Public Library personnel, C & M Relocation Systems personnel and other involved vendors. At this meeting the following will be discussed: * Move schedule and timing. * Material deliveries are scheduled * Coordination of each vendors activities, timing and cooperation. * Color coding and numbering of floor plans. * Labeling. * Packing instructions. * Special handling of computers, phone, etc. * Elevator access. * Establish a post move schedule. * Other. Your C & M Relocation Systems professional move consultant will educate your employees on the importance of the upcoming relocation. It is extremely important to let your employees know what's going on, when people should do what, and who to call with questions. The confusion and interruption of a move can be bad for employee morale if not handled with finesse. The best time to begin educating your employees is immediately after the decision to move has been made. Preparation and education are key to a successful relocation. Building Protection: Prior to the move a "prep crew" will prepare the origin and destination buildings to include: Lying of protective masonite throughout the lobby, hallways and areas required. Corner -guards and padded door jam guards will be placed accordingly. Move Logistics and Consideration A. One half-hour prior to the move the working supervisor and move equipment will arrive at the origin facility. B. Origin move crew arrives at start time. C. Manpower is distributed to set up efficient labor functions for the flow of furniture and equipment. D. Consideration is given to priority items. E. Destination crew arrives. F. Furniture and equipment is off loaded in pre designated areas per color -coding, room numbering and room layouts. G. Priority is given to arrival of systems furniture with consideration for scheduling deadline for reinstallation. H. Computers are distributed to work stations. I. Warehouse racking is reassembled and seismic regulations are met. J. Pallets returned to racks (if applicable). K. Final walk through and sign off by Martin Gabey. EXHIBIT "A" 9 •r Communication Communication between locations is essential to the overall success of any relocation project. Almost without exception, it has been our experience that the phones will be fimctional at only one of the facilities, if at all. Therefore, C&M Relocation Systems supervisory personnel carry cellular phones to ensure that the lines of communication are always open. Planninv An employee meeting should be convened at some point. It will accomplish a number of things: 1. It will awaken them to the fact that the move is imminent. 2. It may evoke helpful suggestions or raise questions that heretofore had not been considered. 3. It gives you an opportunity to apprise them of the fact that everyone will have some responsibility for making the move go smoothly and that a number of employees will be needed to act as supervisors or committee members during the move process. I will be present to answer questions and give everyone an outline of how a move of this size is conducted, e.g., labels, color codes, packing, etc. Very explicit packing and tagging information will be provided during each of the pre -move instructional meetings. Again, I will actively participate in these meetings and will reinforce the expectations until all parties are functioning at a high level of preparedness and are in complete conceptual harmony. Your C&M Relocation Systems project management team will formulate a "Move Plan" which will is tailored to the specifics of your move. Careful consideration will be given to the sensitive nature of your electronics inventory. Rest assured, we are extremely confident that we can accomplish this task in a timely fashion and without incident. Moreover, every precaution will be taken to ensure safe transport to your new location. C & M Relocation Systems is committed to handling your moving requirements successfully, and we are pleased to present these facts to you and National City Public Library. Professional planning, quality supervision and teamwork are the essential ingredients for a successful relocation. Please compare our capabilities and references to those in our industry. Nate: The lowest estimate does not always guarantee the lowest final cost! It should be your goal to select a qualified mover who will move your company at a reasonable cost. In the end, you must feel comfortable with the mover you select. Start to finish, C & M Relocation Systems offers you a single point of contact so that your needs and concerns are understood and attended to. We truly care about your company's relocation needs. From pre move planning meetings to the post move follow up, we will do whatever it takes to ensure a successful move with the least amount of company downtime as possible. Thank you for your time and consideration. C & M Relocation Systems is looking forward to the opportunity of serving your relocation needs. 10 EXHIBIT "A" [i 6 C & M Relocation Systems Standard Terms & Conditions Move 1. The customer or the customer's agent will be present at origin and destination during the actual move. This representative will be authorized to make changes to the scope of the move. 2. This price includes moving and placing items once. Subsequent moving and re -handling may result in additional charges. 3. Unless otherwise noted in the proposal, this price is for one delivery and one pickup of moving cartons. 4. Unless stated within the scope of work, this cost proposal does not include electrical or mechanical disconnection and reconnection of any items. 5. This contract will apply only when the following conditions exist at both origin and destination facilities: . Exclusive and uninterrupted use of the agreed upon number of elevators at both facilities and adequate Tight, heat, air and power. • All areas must be free of trash, debris or any other impediments to moving. • Construction, renovation, new furniture installation and decorating work must be complete and in such a state as to not impede the move. 6. Any alterations or deviations from the specifications listed in this agreement may result in an adjusted price and is payable in accordance with the terms of payment listed in this agreement. 7. Parking citations received during the course of the move will be remunerated by the customer. 8. Situations that are not in the direct control of C & M Relocation Systems suoh as occupancy issues, unforeseen traffic delays, accidents, severe weather, or acts of God may result in additional charges. 9. Changes in the sequence or scheduling of the move may result in an adjusted price at time and material rates. 10. Customer will adhere to the guidelines set forth in the scope of work provided by C & M Relocation Systems. Transit Protection 1. It is the policy of C&M Relocation Systems to repair or replace any items damaged during the handling of your move up to the statutory limits of sixty cents per pound per article. Additional valuation can be purchased. Please ask your sales consultant for pricing. 2. Claims will not be valid unless: a. Presented in writing within five working days after completion of the move. b. Payment is made in full according to the teens of this proposal. 3. C&M Relocation Systems reserves the right of first refusal to make all repairs. 4. The customer's employees are required to handle the movement of all personal items such as purses, artwork, photographs, cash box, wallets, small plants, personal electronic devices and any item or articles of extraordinary value. 5. C&M Relocation Systems assumes no liability for articles packed or unpacked by anyone other than C&M Relocation Systems, nor does the company assume liability for any concealed item, unless caused and accompanied by external damage. 6. In the event a property manager requests a certificate of insurance a twenty-five dollar administrative fee will apply. In the event a certificate requiring a waiver of subrogation is needed a two hundred and fifty dollar administrative fee will apply. Ferment Temme C&M Relocation Systems requires a 50% deposit at the pre -move planning meeting and the remaining 50% at the start of the move, unless otherwise negotiated. If payment is not received at the start of the move, delays could occur. A change order for standby time will be issued In the evert of a change order during the project, an invoice will be created for the amount due. A finance charge of 1 1/2 % per month will apply to late payments. If you choose to use the services of Networx Resource Group, you will be invoiced separate from C&M Relocation Systems. Other 1. Pricing is based on movement from the ground floor of the origin facility to the ground floor of the new facility, unless other -wise rliac'msed. In the event that there is not an elevator at destination and stairs are used to complete the project, additional charges will be assessed. A change order will be issued. Cancellation or rescheduling of your move without a five day notice is subject to a thirty- five percent processing fee and costs of any rental equipment. 2. If disputes relevant to this agreement require litigation, the prevailing party is entitled to recover all attorney fees, including collection costs. 3. Overtime Rules and ON Charges Policy - Note: Does not apply to Not -to -Exceed price quotations unless the original scope of work has been modified by the customer. The following Overtime charges will apply to time and material quotes or change orders: Ten dollars per hour for hours worked passed eight hours in one day. Twenty dollars per hour for hours worked passed twelve hours in one day and Sundays. Services performed on Sunday will be billed at double-time rates unless otherwise negotiated, 4. Boxes & Materials: The box count listed in the move quote is only an estimate. In the event you require additional boxes an additional cost of one dollar and fifty cents per box will apply along with an applicable delivery price. If the boxes are not returned at the designated pickup date after the completion of your move, we will assume that you wish to keep the boxes. You will be charged an additional two dollars for each box not returned One box pickup is provided as part of the original move cost proposal. If additional pickups are scheduled, a delivery fee of fifty dollars for each additional pickup will apply. Also, in the event you request additional boxes, please note that additional labor or time may be required during move day to move the additional boxes. 5. In the event that you request to keep Tyga Boxes (plastic moving containers), if applicable, after the agreed upon pickup date, a charge of five dollars per week per Tyga Box will apply. If the Tyga Box or base is lost an eighty dollar charge per box/base will apply. 6. This price is valid for ninety (90) days, at which time we would appreciate the opportunity to re-evaluate the scope of work and update our quote, if necessary. 11 EXHIBIT "A" • j Letter of Intent The components described in C & M Relocation System's proposal offers service features designed for the benefit of National City Public Library. C & M Relocation Systems offers this proposal as our commitment to provide National City Public Library with the finest moving service available in the industry. It will be our obligation and responsibility to continue communications to assess your needs further. Please return this copy with your signature indicating your intent to use C & M Relocation System's methods for your relocation and that you have read, understand and accept the terms and conditions of this contract. Thank you for the opportunity to serve your relocation needs. Respectfully, Larry Yandel *Authorized Signature C & M Relocation Systems National City Public Library Today's Date *Authorized Signature: The signer declares under penalty of perjury that she/he is authorized to sign this document and bind the company or organization to the terms of this agreement. 12 EXHIBIT "A" • c c 11 11 Relocation References - Please take the time to contact our references. Company: Qualcomm, Inc. Contact: Rick Salazar Phone: 858-658-3537 Note: Relocated over 300 employees in a 24-hour period. Including high value assets. No damages. Company: Illumina Contact: JeffHughson Phone: 858-202-4500 Note: Relocation of 100 employees in a 24-hour period. Including sensitive lab equipment. Company: Nokia Contact: Liz AndrusS Phone: 858-831-5607 Note: Relocation of 100 employees in a 24-hour period. Including sensitive lab equipment. Company: Lockheed Martin Contact: Walter Cardwell Phone: 858-795-1265 Note: Relocated office assets of 100+ employees and sensitive lab equipment without damage! Company: NuVasive Contact: William Joseph Phone: 858-909-1909 Note: Relocation of 100 employees over a two day period including sensitive lab equipment, a machine shop, human tissue samples and high value medical devices. Company: SAIC Contact: Glenn Lindemer Phone: 858-826-6373 Note: C & M has performed moving services for SAIC for the past 10 years. Company: St. Bernard Software Contact: April Juric Phone: 858-676-2277 Note: Relocated over 80 employees in one weekend. Company: Malcolm Drilling Co., Inc. Contact: Kelly Beckwith Phone: 858-753-0720 Note: Relocated entire facility in 8 hours with no damages! Company: Lipman, Stevens, & Carpenter, Inc. Contact: Kent J. Carpenter Phone: 619-232-2801 Note: Relocated company in 8 hours with no damages 13 EXHIBIT "A" MEETING DATE 6/21 /2005 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 ITEM TITLK PREPARED BY RESOLUTION WAIVING THE BID PROCESS AND AWARDING A CONTRACT IN THE AMOUNT OF $49,985 TO C&M RELOCATION SYSTEMS, A QUALIFIED MOVING COMPANY, TO MOVE THE BOOK AND LIBRARY MATERIALS COLLECTIONS AND FURNITURE AND EIPMENT FROM THE OLD LIBRARY TO THE NEW LIBRARY Anne Campbell.C. DEPARTMENT Library EXT. 4350 EXPLANATION With the completion of the new library, the book and library materials collections and furniture and equipment will need to be moved from the current library at 200 E. 12th Street to the new library at 1401 National City Blvd. It is requested that City Council waive the formal bidding requirements, as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the municipal Code, for the following reasons: 1. Moving companies have toured the library and given cost estimates. 2. No further purpose would be served by rejecting these informal quotes and issuing a formal bid. 3. C&M Relocation Systems has previously moved libraries and were most knowledgeable regarding the requirements associated with moving a cataloged collection of library materials. 4. The City has used C&M Relocation Systems several times in the past and has been very satisfied with their work. 5. The bid is based upon prevailing wage. 1 Environmental Review N/A MIS Approval Financial Statement Approved By: Funding is available in account 242-431-000-299-00000 Finance,Fli-re%tor/ Account No. STAFF RECOMMENDATION That the award be made to C&M Relocation Systems, and that the Purchasing Agent be authorized to issue the resulting purchase order. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Service Agreement Resolution No. A-200 (Rev. 7/03) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 September 19, 2005 Larry Yandel C & M Relocation Systems 1925 Gillespie Way El Cajon, CA 92020 Dear Larry: On June 21, 2005, Resolution No. 2005-126 was passed and adopted by the City Council of the City of National City, authorizing waiver of the bid process, and authorizing the award of a contract in the amount of $49,895 to C&M Relocation systems to move the book and library materials collections, furniture and equipment from the old public library to the new public library. Enclosed you will find a certified copy of the above Resolution and one fully executed copy of the agreement. Sincerely, Michael R. Della City Clerk MRD/Iw Enclosure File No. C2005-29 ® Recycled Paper RESOLUTION NO. 2005-126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING WAIVER OF THE BID PROCESS, AND AUTHORIZING THE AWARD OF A CONTRACT IN THE AMOUNT OF $49,985 TO C&M RELOCATION SYSTEMS TO MOVE THE BOOK AND LIBRARY MATERIALS COLLECTIONS AND FURNITURE AND EQUIPMENT FROM THE OLD PUBLIC LIBRARY TO THE NEW PUBLIC LIBRARY WHEREAS, with the completion of the new public library, the book and library materials collections and furniture and equipment will need to be moved from the current public library at 200 East 12th Avenue to the new public library at 1401 National City Boulevard; and WHEREAS, since several moving companies have toured the library and given cost estimates, no further purpose would be served by rejecting these informal quotes and issuing a formal bid; and WHEREAS, C&M Relocation Systems has previously moved libraries and were the most knowledgeable regarding the requirements associated with moving a cataloged collection of library materials. WHEREAS, it is in the Citys best interest to waive the formal bid process pursuant to Section 12.60.220(D) of the National City Municipal Code, which allows the Purchasing Agent to dispense with the requirements of the bidding process when the City Council determines that due to special circumstances, it is in the Citys best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds that special circumstances exist and authorizes the Purchasing Agent to waive the bidding process, and awards the contract to move the book and library materials collections and furniture and equipment from the old public library at 200 East 12th Street to the new public library at 1401 National City Boulevard to C&M Relocations Systems. PASSED and ADOPTED this 21st day of June, 2005. ATTEST: A Mic - el Dalla, ' ity Clerk U f CE t$AO,t- ick Inzunza, Mayor APPROVED AS TO FORM: George H. iser, III City Attorney Passed and adopted by the Council of the City of National City, California, on June 21, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City erk of the City f National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-126 of the City of National City, California, passed and adopted by the Council of said City on June 21, 2005. City Clerk of the City of National City, California By: Deputy