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HomeMy WebLinkAboutResolution - 3524 - Contract - Computer Transition Services - LAN Hardware, Citibus - 01_10_1991Resolution # 3524 January 10, 1991 Item #26 HW:js RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Computer Transition Services for local area network -hardware for Citibus, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of January , 1991. B. C. Mc M I' ZNN O,MAYOR ATTEST: notte boya, u,ty ,)ecreta APPROVED AS TO CONTENT: G ffie Ea s, Purctfasing Manager APPROVED AS TO FORM: 19 alrb Wi I I ar Assistant City Attorney CITY OF LUBBOCK SPECIFICATIONS FOR LOCAL AREA NETWORK FOR THE CITY OF LUBBOCK/CITIBUS RFP # 11010 CITY OF LUBBOCK Lubbock, Texas MAILED TO VENDOR: December 5, 1990 CLOSE: December 14, 1990 BID # 11010 - RFP - LOCAL AREA NETWORK ADDENDUM # 1 PLEASE MODIFY OR AMEND CONTRACT DOCUMENTS AS FOLLOWS: 1. Please include ten (10) copies of your proposal for the Local Area Network for the City of Lubbock/Citibus. TH YOU Ron Shuffiel ek CITY OF LUBBOCK PURCHASING DEPARTMENT PLEASE RETURN ONE COPY WITH YOUR BID INVITATION TO SUBMIT PRICED PROPOSAL LOCAL AREA NETWORK FOR THE CITY OF LUBBOCK/CITIBUS LUBBOCK, TEXAS REQUEST FOR PROPOSALS RFP # 11010 Sealed proposals addressed to Gene Eads, Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 14th day of December, 1990, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: LOCAL AREA NETWORK FOR THE CITY OF LUBBOCK/CITIBUS The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. The City of Lubbock hereby notifies all suppliers that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a preproposaL conference concerning this request at 10:00 o'clock a.m. on the 28th day of November, 1990, at CITIBUS, 801 Texas Avenue, Lubbock, Texas. BY:Gene Eads, C.P.M. Purchasing Manager REQUEST FOR PROPOSALS RFP # 11010 Sealed proposals addressed to Gene Eads, Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L- 04, Lubbock, Texas, 79401 until 2:00 ofclock p.m. on the 14th day of December, 1990, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: LOCAL AREA NETWORK FOR THE CITY OF LUBBOCK/CITIBUS The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each supplier is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each supplier's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all suppliers that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be ... afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds'of race, color, sex, or national origin in consideration for an award. BY:Gene Eads, .P.M. Purchasing Man ter NOTICE TO SUPPLIERS RFP #11010 Sealed proposals addressed to Gene Eads, C.P.M, Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, 1625 13th Street, Lubbock, Texas, until 2:00 o'clock p.m. on the 14th day of December, 1990, to furnish equipment and software consisting of: LOCAL AREA NETWORK FOR THE CITY OF LUBBOCK/CITIBUS After the expiration of the time and date above first written said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. It is the sole responsibility of the supplier to insure that his proposal is actually in the office of Gene Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City Council will consider the proposals on the loth day of January, 1990, at Municipal Building, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful supplier will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civ. St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the said statutory bonds will not be required. All Suppliers are required to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that supplier will enter.into a contract and execute all necessary bonds (if required) within 21 days after notice of award of the contract to him. It shall be each suppliers sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. I.1 The project specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. CITY OF LUBBOCK BY: a�&'z ?a 4 /,,,a / Gene Eads, Purchasing Manager I.2 GENERAL INSTRUCTIONS TO SUPPLIERS 1. SCOPE OF WORK The work to be done under the contract documents shall consist of any or all of the following as proposal by the individual.supplier: LOCAL AREA NETWORK FOR THE CITY OF LUBBOCK/CITIBUS. 2. _CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All suppliers shall be thoroughly familiar with all of the requirements set forth on the contract documents and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY SUPPLIERS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Suppliers. 4. TIME AND ORDER FOR COMPLETION The equipment and/or software covered by the contract documents shall be fully completed within 180 calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful supplier (s). The contractor will submit a progress schedule of the work contemplated by the contract documents for approval by the City. In the event that it is determined by the City that the progress of the work is not in accordance with the progress schedule so.submitted and agreeded upon, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. I.3 5. PAYMENT All payments due to 'Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only equipment and software of the best quality will be furnished. The fact that the specifications may fail_to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing equipment and software of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for equipment, software and methods set forth in the contract -, documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 7. GUARANTEES All equipment and materials software incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the _. Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within one year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). I.4 8. PROTECTION OF THE WORK The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a supplier the following information: (a) The experience record of the supplier showing completed projects of a similar nature to the one covered by the proposed contract and'all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the supplier. (c) Proposed additional contract documents and guarantees. 9. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20_04 of the Texas Limited Sales, Excises and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 10. CONTRACTOR'S REPRESENTATIVE The successful supplier shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful supplier shall be required to furnish the name, address and telephone number where such representative may be reached during the time that the work contemplated by this contract is in progress. 11. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the supplier without being considered. I.5 12. PREPARATION OR PROPOSAL The supplier shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the supplier shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the equipment and software required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price -' written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an �-, official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope or carton, addressed as specified in the Notice to Suppliers, and endorsed on the outside of the envelope in the following manner: (a) Supplier's name (b) Proposal for (description of the project). Proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. I.6 13. BOUND COPY OF CONTRACT DOCUMENTS Supplier understands and agrees that the contract to be executed by supplier shall be bound and include the following: (a) Notice to Suppliers. (b) General Instructions to Suppliers. (c) Supplier's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to supplier for his inspection in accordance with the Notice to Suppliers. If Plans and Specifications are too bulky or cumbersome to be physically bound,'they are to be considered incorporated by reference into the aforementioned contract documents. I.7 .-`- Citibus Local Area Network - Line Item Price sheet -x- November.1, 1990 Page 1 EXHIBIT A CITIBUS LOCAL AREA NETWORK LINE ITEM PRICE SHEET Date: December 14,* 1990 Name of Proposer: Computer Transition Services, Inc. (Hereinafter called "Proposer") Gene Eads, C.P.M. Purchasing Manager City of Lubbock 1G25 13th Street,Room L-04 Lubbock, Texas 79401 Dear Sir: The Proposer,,having carefully examined the specifications, general information, and all other related documents, and being familiar with all of the conditions surrounding the provision of the local area, network, hereby proposes to complete the project in accordance -� with the Local Area Network, Request for Proposal for the following sum: $75,500.00 (Seventy -Five Thousand Five. Hundred Dollars) This form .must be completed in .its entirety before proposal will be considered. LINE ITEM PRICE BREAKDOWN 1. 1 each -.Novell Compatible Dedicated File Server Model Proposing Dell System 310 unit price $6, 189. 00 (six Thousand One g unfired Ei gr,ty-Ni ne Dollar: 2. ].-each - Standby Power Supply-450 watts Model Proposing Tripplite BC430LAN - 450 Watts unit price $499.00 (Four Hundred Ninety -Nine Dollars) .L Citibus _ Local Area Network - Line Item Price sheet November 1, 1990 Page 2 3. 7 each - Novell Compatible Network Workstation _ Model Proposing Dell system 316SX unit price $2,740,00 (Two Thousand Seven Hundrea Forty Dollars) - 4. Hardware, software, and cabeling necessary for token ring topology installation _ .price Q ,212.00 (Three Thousand Two Rundred TweIVP DnI Iars) 5. 3 each - 16/4 token ring adapters for..existing computers unit price $921.00 (Nine hundred Twenty -One Dollars) 6. 10 each - Six Outlet Surge Protected Power Strips_ - Model Proposing Stediwatt 6 Outlet unit price $54.95 (Fifty -Four Dollars and Ninety" -Five Cents) 7. 1 each - Hewlett-Packard IIID Laser Printer. with envelope- feeder, parallel printer cable, and hardware necessary to attach printer as node to LAN 11 [_ unit price $4 9 .0 Four - F 1 v Doll C8. 1 each - Hewlett-Packard Postscript Cartridge unit price 5695.00 (Six Hundred Ninety -Five Doilars) 9. Leach - 2 MB memory upgrade for Hewlett-Packard LaserJet IIID unit price :�495.00 (Four Hundred Ninety -Five Dollars) 100 1 each - Microsoft Mouse and Windows unit price $225.00 (Two Hundred Twenty -Five goItars)` Citibus Local Area Network Line Item Price Sheet November 1, 1990 Page 3 11. - 1 each - Hayes 2400 baud external modem and cable and Smartcom III software unit price �399.00 (Three Hundred Ninety-rjine Dollars) 12. 1 each - Novell Netware 386 operating system 1 unit price 97.995.00 (Seven Thousand Nine Hundred Nine* -Five Uoll _L '. 13. y 1 each - Novell Compatible High Capacity Tape Backup. with Software unit price $1,695.00 (One Thousand Six Hundred NinP_y-Five Dollars 14. 10 each - Backup Tapes at least 150 MB unit price $35.00 (Thirty -Five Dollars) 15. 1 each - convert two current WordPerfect 5.0 versions to 5.1 version for LAN for use by four concurrent users unit price $760.00 (Seven Hundred Sixty Dollars) 16. Leach - 10 User edition of Right Hand Man (Electronic Mail Software). or equal unit price .$1., 169.00 (One Thousand on _ fi end Pd si mt y-Nine D Ilars) 17. 1 each - convert Lotus 1-2-3 version 2.0 to version 2.2 for LAN for use by four concurrent users unit price �1;135.00 (One Thousand One Hundred Thirty -Five ;collar; .18. 3 each - Ashton-Tate RapidFile version 1.2_or equal unit price $149.95 (One Hundred Forty -Nine Dollars and Ninety -Five; ( Cents 19. 1 each — Aldus PageMaker PC version 3.x unit price:095.00 (Seven Hinared Ninety-vive Dollars) 20..Network Multi -User General Accounting Software unit price s4,570.00 (Four Thousand Five hundred Seventy Dollars) J f Citibus Local Area Network.- Line Item Price Sheet November 1, 1990 Page 4 21. Application software training: a. PC Literacy unit price see Below b. Lotus 1-2-3 version 2.2 unit price See Below c. WordPerfect version 5.1 unit price See Below d. Right Hand Man or equal unit price See Below e. RapidFile or equal unit price See Below f. PageMaker unit price See Below g. General.Accounting' unit.price see Below.. 22. Additional network administrator training should be available .if necessary on a fee basis. hourly price $85.00 (Eighty -Five Dollars) 23. Technical support should be available after installation and acceptance on a fee basis. - hourly price �85.00 (Eighty -Five. Dollars.) - The undersigned agrees and pledges.to commence the project .on or before. a date specified in a written. "Notice to Proceed" of the City and comply with the following schedule: Begin installation within two weeks of written 'Notice to �- Proceed". _ Complete installation within ten working days after. equipment ..... is delivered. LComplete training within three, months after network is operational. It is understood that the City reserves the right to. accept or.: reject any and all bids and waive. all informalities. It is .further agreed that this proposal shall not be withdrawn fora period of sixty (60) days from the date of opening. Respectfully Submitted, By David D. Baucum, CPA President: Title 21. a. $175.00 (One Hundred Seventy -Five Dollars) ) b. �175.00 (One Hundred,Seventy-Five Dollars) C. �175.00 (One Hundred Seventy -Five Dollars) d. *1D0.00 (One Hundred Dollars) e= $125.00 (One Hundred Twenty -rive Dollars) f. $350.00 (Three Hundred Fifty Dollars) g. $500.00 (Five Hundred Dollars) 13- .. S N 6 BaMui� BONDING Knew a I I men by these presents: (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) al corporation of the State of Iomia, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to City of Lubbock, Texas (hereinafter called the Obligee) in the full and just sum of ($ -----5 °--- ""---'- --- -" - -'-i Five Per Cent of the Greatest Amount Bid ----------------------- Dollars good and lawful money of the United States of America, to the payments of which sum of money well and truly to.be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 14th day of December lg 90 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to .., the Principal for Furnishing equipment and software consisting of Local Area Network for the City of Lubbock/Citibus according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: Craig t'Alley, Secrj(prtary COMPUTER TRANSI_TION SERVICES, INC. Princip By G u.ct �• David D. Baucum, CPA President MERCHANTS BONDING COMPANY (M ual) By. V� Wm- R_ M„rfaP_ T ti-nrncv-T DES MOINES, IOWA a At, IV ,. T hiiso Presk--nts. that the MERCHANTS BONDING COMPANY (Mutual). a corporation dully iirn,ui+ :ed aria• 'the !ara of the State of I,;.va, and han',ng its principal office in the City of Des Moines, County of Polk State Of lCwa. hatii mace. constituted and aupointed. and does by these presents mrkc.a. c. .,..ic:i r an(I appoint Wrn. E. Murfee. Sr., Wm. E. Murfee, Jr., Lance Murfee or Joan Carnes Lubbock Texas rf nrm ,State of fs true and + r:fu! Attorney a -Fait. ^,:rh f,;i noti:Fr and authority hereoy conferred in its name. place and stead. to sign, execute, acknowledge and delivrnr in its behalf as ,:urrAv: Any and all bonds or undertakings, provided that no bond or undertaking e�'i?'_tt2d Ur -Pr ff`;^-• ^,,•hCrih/ S"I! QxCPP.d in amount the sum of FIVE HUNDRED THOUSAND (5500,000.0) DOLLARS and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as linty and to the same extent ; ;1 such boric Cr undertaking was signed by the duly authorized officers of the MERCHANTS BONUlivG CCiIVIPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given. are hereby ratified and confirmed. This Power-of-Atforney is made and executed pursuant to and by authority of file following By -Laws adopted by the Board of Directors of the MERCHANTS 1`30NDiNG c-C?: PAWN ARTICLE 2, SEC:T`ON 6A. -- T"he Chavrnan of the Board or President or any Vice President or Secretary shad have power and authority to appoint Attorneys -in -Fact. and to authorize thdm to execute on behalf of the Company. and altacn the s., .: of to > Company thef 'to, f;Onds grid undertakings. recognizances. contracts of indemn!fy arse other Writings obligatory in !n,e mature Mere -of. ARTICLE 2. c3t=-CT!ON 63. - The signature of any authorized officer and thf� Se of the Company rna be affix f t: y affixed by ,�; snrr!e .) any Power of Attorney or Cern: cation thereof authorizing the execution grid cie!iva,ry of aliv bond undertaking. recowi;z_ince ur other sureivsns ob;imalions of t['e Companv, and such signature and sea! woen so used shall have the same force and cffec': cis though nianu;Yly !ixed. In Witricss Whereof. MERCHAN rS SONDING COMPANY (Mutual) has taus: d these presents to :>e signed b.y its Vice ;rd Executive Vice President, and its corporate sea! to be hereto affixed, this 1st day of January A.D., 1990 Attest: MERCHANTS BONDING COMPANY !Mutut>.ii tau c By - za ✓:, !,` r'•!(: ll:'1r .%'i•rnC'uil 7 33 nICS(rly' STATE OF IOV'rA COUNTY OF POLK tis. ••���1/ :.. 11a•�• On this 1st day of January 1990 before me appeared tvt•i. Long and Rodney Bliss 111. to me personally known, who being by me duly sworn did say that they are Vice President and Executive Vice. President respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation. described in the foregoing instr'uineni. and fiat itie Seal affixed to the said instrument is the Corporate Seal of the, said Corporation and that the said instrument was signed and soled n behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand abd affixed my Official Seal, at the City of Des Moines. Iowa the day ano year first above written, IOWA rn 8-4.92 O V' STATE OF IOWA COUNTY OF POLK •°° 1, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby certifv thcit the above rind I' foregoing is a true and coiroct copy of the POWER OF ATTORNEY, executed by said MERCHANTS BONDING COMPANY (Mutual), which is still in force and effect. • ° • •. • O�NG Co •. In Witness Whereof, I have hereunto set my hand and affixed the seat of the Company, at �► . ,o this 14th day of December 19. 90 : pRP09q�gy 1 33 This power of attorney expires _.December--3-1,- 1991 �yJd�i • a� •• STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 ^' OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,1959 KNOW ALL MEN BY THESE PRESENTS, that -- (hereinafter called the Principal (s), as Principal (s), and r (hereinafter called the Surety (s), as Surety (s), are held and firmly bound unto the City of Lubbock (hereinafter called the ., amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Oblige, dated the day of • , 19_41 to and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. -~ NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise.to remain in full force and effect. I.10 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 19_ Surety *By: (Title) Principal By: (Title) By: (Title) By: (Title) . . The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby disignates an agent resident in City of Lubbock to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) BOND CHECK BEST RATING LICENS DIN TEXAS DATE BY 7 -$ONO ® o 0 R®NIMNS 000 6000 N. LAMAR • SUITE 200 • AUSTIN, TEXAS 78752-4497 CE BOND STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959 (McGregor Act — Public Works) (Penalty of this bond must be 100 % of Contract amount) KNOW ALL MEN BY THESE PRESENTS: That, Computer Transition Services, Inc. (hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corporation organized and existing under the laws of the State of Iowa, with its principal office in the City of Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto. City of Lubbock, Texas (hereinafter called the Obligee) in the amount of Seventy-f ive thousand f ive hundred ----- Dollars($ 7 5 , 5 0 0. 0 0 ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 1 Oth day of January 1991, to Provide Local Area Network for the City of Lubbock/Citibus which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of January r 19 91 . Witness: (If ndivid 1 r ) Atte (If Corporati ) Crai G. Alley, Sec etary COMPUTER TRANS ION SERVICES, 1§61) David D. aucum,, Cesi entSeal) (Seal) (Seal) Principal MERCHANTS BONDING COMPANY (Mutual) _ Surety ,,p arnes By. ac- BOND CHECK -sOND/*' A1nn! , (®'0- 1B®NINNG 00o — BEST ,90ING 6000 N. LAMAR • SUITE 200 • AUSTIN, TEXAS 78752-4497 LICMSEp !N 'EXAS DATE #Z910y PAYMENT BOND STATUTOR AYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959 (McGregor Act —Public Works) (Penalty of this bond must be 100% of Contract amount) KNOW ALL MEN BY THESE PRESENTS: That, Computer Transition Services. Inc (hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corporation organized and existing under the laws of the State of Iowa, with its principal office in the City of Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto. City of Lubbock, Texas, (hereinafter called the Obligee) in the amount of Seventy-five thousand five hundred- -- Dollars ($ 7 5 , 5 0 0 . U ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the I Oth day of Janiinry , 19_91 , to prQ17i rlP t,p(-al Area Network for i-hP City of Lubbock/Citibus which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of January 19 9 1 Witness: COMPUTER TyRAN ITION SERVICES (Seal; �zc�l �r CCuu•�`.."_ Seal) (If Individual or 'rm) David D. Baucum, CPA, Presiden Atte . (Seal) ((II (Seal) Craig Al (Seal) ary Principal MERCHANTS BONDING COMPANY (Mutual) Surety By L�K' �?A4_ �S_eq'A_ JZEFF-Earnes - . act f"VIEFICHANTS BONDING COMFIVY (Mutual) IDES MOINES, J'OVAVA L POWER OF ATTORNEY Knox AF hkw dy T nose Pwwos to Ow MERCHANTS BQNDNG i,i (,ofporatioi- dl',' A to Too of hw& and hwhg Rs p6mpal ..,Me 0 the Gb & Eks Mdm& Cm"y of Polktate of 1c,-va. hath. mAn cwAhwd oake. t'.,,te and appoin� N-n. --7. Mufee., V*Vqi. E. Murfee, vi., Lance Murfee ©r j,--)an Carnes Texas its rue A*IormY n F, h AM low .arrcd n Os va; a. p0m wd und. to son, cmahn acni--no,,vledge and deiiver in is behaK ., su-AW Amy and G UwAs o, undertakings, p-no ON no band or undiar this authorizzy steal! exceed it amount 0-iq Sum of F�VE FUNDRED THOUSAND ($500,000.00) DOLLARS no A NN 7% MEKWNC, BOWTIA C0KJP'N1,1Y JAUTUail *.�Iereby'!s fuii-y ancl!o a"., it suc-'t!(j �r Qmy by I a dity auTizzod 440S of -'he, M E- RCHIIANITS Bo-)NDI NG COM RANY ; fVutu)i �). ancl c."!! he acts, of sav 1 Aft. �.fy' 0 mmh ma nu=! purw;r'yT ,,',nnC In", of lh% `Niokvtrlq By nd"Wo ny IF Holt Dpwom f f- T i j 6 A Re CAInq I Me Ewa or Vesidpql or mW Vine Pw0dem cr Smmmyv Mmr Nvo pm. w. and 1c; au"honze Tem P, exccuM vi behalf & to GuWw; am icd, ou sud co I,-: W"MWITMy. 44 Os MW uno of indomnity,md olyi in %qs abyp �oW in tiny a in-wmw. 2", 6B. -- Thy syn1hra N any auRsorized altar and Mn Sao W my GDMMY May be 04. hy M UK Unow, :ind ash spowne am led wim"a uwd 00 hm- Ma was OQO mi Kno COMPAN-Y VIn,] �N 0 to hens cw= Ns ist day of Jarl""aiy B'y jarlue" ima 1XV0 ma appurcu of A. Luq;'4f roxhuy Loss R U) it POSM11%; be;ngby me du;ysworn did say IN key am Vice Pres1( K4 and Excwwn Vro Pp mgnAmN Ito M'--'PK',L?ANTS 50N0i!-JGC-,-)MPANY jkl-tualj. Rm corpormw dracKed !n Me forephn inshowu w2nim low& mimwva� uNd CmDuMbri by inihmmy of As Fhard of Vectors. !n Tos!in.-ctily 1 have hes!W40 set My hiric" airld affixed, my Officip! Seai, at the City of C)es thc: dy C4��'.i V--:ell I &cvc 7010n. bm 10 'INFA, 4p; � po- - ... ... V A OF IDNA S-452 'v' of 6)c M. L1RC',HAN,'S BON DiNG CGIVI `( "Jo i iei ebl (x-rti;y ,s a tru'. correct co o-y of the POWER. OF AITORNEY. ex,,,cljted by saud � stil� in fcfce and efteci h-- nap n' d affixec, +h..,p fal oi ihe Corlpany. ai cat rr nanc an n Coll, nuary dw. lay, TV poww .1 adarney expNes December 31 1991 Approved as to form: City of Lubbock By: City Attorney *Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. I.12 (THIS PAGE LEFT BLANK INTENTIONALLY) CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: Type of Lubbock, Texas Project: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this Company, the further hereinafter, described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Workmen's Compensation Owner's Protective Per Person $ or Contingent Per Occurrence $ Liability Property Damage $ Contractor's Per Person $ Protective or Per Occurrence $ Contingent Property Damage $ Liability Per Person $ Automobile Per Occurrence $ Property Damage $ The foregoing Policies (do) (do not) cover all sub- contractors. I.13 Locations Covered: DESCRIPTION of Operations Covered The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation,,or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THIS CERTIFICATE MUST BE SENT TO THE OWNER. (Name of Insurer) BY: Title: I.14 0- Pam• .e+ s— F_ ISSUE DATE (MM/DD/YY) a1:/1101,10. CERTIFICATE OF INSURANCE 1/8/91 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND J. E. Murfee & Son CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 1310 Texas Avenue DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lubbock, Texas 79401 COMPANIES AFFORDING COVERAGE COMPALETTER A Travelers Indemnity Company ___._,»...._..__._...._ ............................ _...... _, COMPANY B INSURED LETTER COMPANY `. LETTER Computer Transition Services, Inc. COMPANY D _ LETTER 3223 South Loop 289, Suite 556 _.._,. »..._.. _.... _.__ Lubbock, Texas 79423 ETT R Y E " Ac .. r... niC 1S��w. `THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD. .INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY 'PRODUCTS-COMP/OP AGG. $ CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS ; (Per person) .....,..... _.._..._..._ . _,.._......_.___._...__. .._.. HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABILITY - PROPERTY DAMAGE $ EXCESS LIABILITY ? EACH OCCURRENCE $. UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM A. WORKER'S COMPENSATION 4VEEUB-926J138—A-91 1/8/91 1/8/92 STATUTORY LIMITS 1 ANDi EACH ACCIDENT _....... , ..,..".... ._...,.,,, .. , ..._. DISEASE —POLICY LIMIT $ 500, 000 EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $100 'Lao — OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Data Processing Services CERTIFICATE. HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT(ON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City Of Lubbock MAIL 1.0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Citibus LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR P. 0. BOX 2000 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Lubbock, Texas 79408 AUTHORIZE9 REPR ENTATIV J E. Murfee & Son ACORD 25-S (7/90)_:+,� ` :,: ` :a .FM ,;®ACORD CORPORATION 1990 (THIS PAGE LEFT BLANK INTENTIONALLY) TRUCK INSURANCE EXCHANGE 4680 Wilshire Boulevard Los Angeles, California 90010 INTERIM CERTIFICATE AS TO EVIDENCE OF INSURANCE THIS IS NOT AN INSURANCE POLICY. THIS IS ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY WAY AMEf EXTEND OR ALTER THE COVERAGE PROVIDED BY THE POLICIES LISTED BELOW: Named COMPUTER TRANSITION SERVICES, INC. Insured . 3223 S. LOOP 289, SUITE 566 Address . LUBBOCK, TX 79423 35-77-315 7580 03 23 Agent Policy No. - Gen Liab. Policy No. - Auto Liab. Policy No. - Cargo We certify that policies for the above named insured are in force as follows: Policy No, -Work Comp. This Interim Certificate As to Evidence of Insurance shall expire sixty days from 12 : 01 A.� January 15, 19 91, unless cancelled prior to such date by written notice to the named insure COMMERCIAL GENERAL LIABILITY COVERAGE' "'" LIMITS OF INSURANCE COVERED NOT COVERED BODILY INJURY OR PROPERTY DAMAGE IN ❑ Premises/Operations - `> - Each Occurrence "' - $ 2 ; 0 0 0, 0 0 0 ® ❑ Products/Completed Operations General Aggregate Limit (Other Than Prod- - IN OWNERS PROTECTIVE ucts-Completed Operations) $ 2,000,000 Products Completed Operations Aggregate Limit $ 2,000,000 Personal & Advertising Injury $ 2,000,000 AUTO LIABILITY COVERAGE LIMITS OF INSURANCE COVERED NOT COVERED ❑ IX Owned ❑ IN Hired Bodily Injury $ ,000 each Person ❑ ® Non -Owned $ ,000 each Accident ❑ IN Employer's Ownership Property Damage $ 000 each Accident Contingent Liability Single Limit Liability for Coverages checked Im above $ ,000 each Accident ❑ ❑ Cargo $ 000 each Vehicle $ 000each Occurrence Described Description OWNED ❑ below ❑ waived AUTOS YEAR, MAKE, TYPE OF BODY, LOAD CAPACITY IDENTIFICATION NUMBE -. IF LAST COVERED DIGIT SHOUT WORKERS' COMPENSATION COVERED NOT COVERED ❑ LX STATUTORY -, UMBRELLA LIABILITY UMBRELLA LIABILITY ,000 retained limit Policy Number each occurrence -- aggregate If we cancel this Certificate before the expiration date we will mail 30 days written notice to the other interest shown belo, p.., Certificate issued to: CITY OF LUBBOCK Name P.O. BOX 2000 And PURCHASING - ROOM L04 Address LUBBOCK, TX 79457 Countersigned ! ' 5' �� B Date Authorized gepresentative 566999 1ST EDITM 46 �3-99-171 - 'The following are inter -insurance exchanges sometimes referred to in the policy, when issued by either of them, as the Company: - - 1. Farmers Exchange 2. Truck. Insurance Exchange - .insurance tos Angeles, California _ _ - loos Angeles;- Californi f-� "`f ;, .-The following is a stock company referred to in the policy, when issued by it as the _, . Company: 3. Mid Century Insurance Company Los Angeles, California 4. Lloyds, London and/or Companies in England 5. Other % G:,J. Sullivan Co. w.,........ ..- Los Angeles, California " ,e. CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this loth day of January, A.D. 1991, by and between the City of Lubbock,. County of -� Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and COMPUTER TRANSITION SERVICES INC. of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by r, the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: LOCAL AREA NETWORK FOR THE CITY OF LUBBOCK/CITIBUS. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. I.15 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. EST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) By: MAYOR APPROVED AS TO ONTEN /'l A2��- APPROVED AS TO FORM: COMPUTER TRANSITIION SERVICES INC. CONTRACTOR BY: TITLE• r&5' j`wel)- COMPLETE ADDRESS: 3223 S. Loop 289 Suite 556 Lubbock, TX. 79423 I.16 GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: COMPUTER TRANSITION SERVICES INC. who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as ^, referring to DUSTY PETERS, Manager of Service Department. Supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Suppliers, General Instructions to Suppliers, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Supplier for his inspection in accordance with the Notice to Suppliers. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, I.17 permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these.contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the project contemplated by the contract documents has been made suitable for use to serve its intended purpose, -but still may require minor miscellaneous work and adjustment I.18 9. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution. and completion of this contract and shall keep on the work, during its progress, a competent superintendent ,.. and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 10. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the character, �- quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any.of the terms or obligations herein contained. I.19 11. PROJECT PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. 12. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted.by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the proposals are received, and if no such request is received by the Owner's Representative prior to the opening of proposals, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of proposals. 13. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. The Contractor shall I.20 at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. The Contractor, his sureties and insurance carriers shall .. defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatso ever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any sub- contractor, their agents or employees, in the execution and P- supervision of said contract, on account of the failure of contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgement with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. 14. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with Limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: I.21 Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products,& Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows: For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for property damage. C. Comprehensive Automobile Liability Insurance The contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury 250/500.00 Property Damage $100,000 to include all owned and non -owned cars including Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. I.22 D. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of with ($1,000,000 minimum) coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverage. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. a- E. Worker's Compensation and Employers Liability Insurance As required by State statute covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $100,000 limit. F. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the owner for approval 5 �. Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. I.23 (5) A provision that the policy may be cancelled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior,to an y change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. 15. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentees or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. I.24 16. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the p- contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas '^ and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter �. into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 17. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the owner, as provided by this contractual agreement. 18. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between �-, the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. I.25 If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of Dollars ($ 0.00 ) per day, not as a penalty, but as liquidated damages for.the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. The contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several part of the work and estimated dates of completion of the several parts. 19. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of I.26 all claims against Owner which have not theretofore been timely filed as provided in this contract. 20. PARTIAL PAYMENTS �. On or before the tenth day of each month, the Contractor modify to Owner's.Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work completed by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 20% of the amount thereof, which 20% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. ® 21. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, I.27 the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the acceptance tests described in the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 22. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of completion, the balance due. Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 23. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all equipment or software condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned equipment or software conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. I.28 24. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 25. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be _ made for amounts withheld because of them. 26. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the owner's Representative within fifteen (15) days after the owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further• agreed that final acceptance of the work by the Owner and I.29 the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 27. BONDS The successful supplier shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 28. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 29. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other perogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as .an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own. employees or to any other person, firm, or corporation. I.30 30. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. Incase of dispute Owner may remove the debris and charge the cost to the Contractor. 31. JURISDICTION The law of the State of Texas shall govern performance of this contract. 32. CONTROL OF CONTRACTS In the event of conflict between the contract documents and any contract or guarantee furnished by the successful supplier as part of his proposal, the contract documents shall control. I.31 (THIS PAGE LEFT BLANK INTENTIONALLY) s c SPECIFICATIONS I.32 Citibus Local Area Network - Request for Proposal November 1, 1990 Page 1 CITIBUS LOCAL AREA NETWORK REQUEST FOR PROPOSAL I. General Information A. The City of Lubbock intends to install a local area network (LAN) in the Citibus offices at'801 Texas Ave. in Lubbock, Texas. B. The LAN will be used initially by Citibus staff for word processing, spreadsheets, electronic mail, calendaring, scheduling, accounting,_ maintenance record keeping, and dispatch. Five workstations and the file server will be on the second floor and the remaining workstations will be located on the ground floor. C. This project will be in part funded by a Urban Mass Transportation Administration (UMTA) grant and is subject to all requirements of UMTA. D. The City of Lubbock reserves the right to make any changes to this solicitation as deemed necessary. City of Lubbock staff will notify all Proposers of any changes. E. This solicitation makes no commitment, nor does it obligate the City of Lubbock to fund any proposal. F. Any proposal not meeting the minimal requirements of.the RFP specifications will be deemed non -responsive and rejected. G. Proposers may be required to supply additional information for any proposal considered for funding. H. Proposers may submit only one proposal in response to this RFP. I. Each proposal submitted will be on the prescribed form (Exhibit A) and all blank spaces must be filled in, in ink or typewritten. Line items in the proposal should be priced separately to facilitate changes in the number of workstations and related components if necessary and to add or delete the number of people requiring training. All proposers will be required to furnish a certification of insurance upon request. Each proposal must be submitted to Gene Eads, C.P.M., Purchaning Manager, City of Lubbock, Municipal Building, 1625 13th Street, Room L-04, in a sealed Citibus Local Area Network - Request for Proposal November 1, 1990 Page 2 envelope bearing on the outside the name of the proposer, his address, and the name of the project for which the bid is submitted (Citibus' Local Area Network). If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelop addressed to Mr. Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Municipal Building, 1625 13th Street, Room L-04, Lubbock, TX 79401. J. No interpretation of the meaning of the specifications or other pre -bid documents will be made orally to any proposer. Specific questions will be addressed at the information meeting or in writing addressed to Mr. : Gene Eads, City of Lubbock. Changes to the specifications will be made by addendum. K. At the time of the opening of the proposals, each proposer -- will be presumed to have read and to be thoroughly familiar with the requirements in the General Information, specifications, and all applicable federal, state, and local codes, laws, ordinances, rules, and regulations that may in any manner affect the performance of the work. The failure or omission of any proposer to examine any form, instrument, or document shall in no way relieve any proposer from any obligation in respect of his proposal. L. Appeal procedures are as follows: -- 1) Requests for approved equals, clarification of specifications, and protest of specifications must be received by the City in writing, not less than fifteen full days before date of the scheduled opening of proposals. Any request for approved equal or protest of the specifications must be fully supported with technical date, test results, or other pertinent information as evidence that the substitutes offered is equal to or better than the specifications. 2) The City's replies to requests will be postmarked at least ten full days before the date scheduled for opening of the proposals. 3 ) Appeals of the decision of the City must be in writing and received by UMTA not less than five full days before the scheduled date to open proposals. Appeals received less than five full days before the scheduled date to open proposals will not be considered. The City will furnish UMTA a copy of all previous correspondence pertaining to the subjects covered by the appeal. In deciding appeals, UMTA will consider only the documentation developed during negotiations between the City and the proposer and information obtained citibus Local Area Network - Request for Proposal November 1, 1990 Page 3 through specific requests for such to the City, the proposer, or other third party. 4) Upon receipt of a notice, when an appeal has been submitted to UMTA, the City will immediately contact UMTA to determine if the date scheduled for opening of the proposals should be postponed. If the opening date is postponed, the City will notify all proposers that an appeal has been filed and that the date .is postponed until UMTA has reached a decision. Appropriate addenda will be issued rescheduling the date. 5) Any appeal to UMTA may be withdrawn at any time before UMTA has issued its decision. However,- UMTA's decision on any appeal will be final. M. Written Notice of Award will either be mailed, telegraphed, of delivered to the successful proposer as soon as possible after the award of the contract by the City council. N. The City may terminate this contract in whole or in part at any time by first giving the contractor written notice when it is determined by the City that the contractor has failed to comply with any of the provisions of the contract documents and the contractor has not cured such failure to the City's satisfaction within a reasonable time after receiving notice of such non-compliance. In the event of partial or total termination of this contract, the City may take over the work and perform the -same to completion itself or by subcontract and the contractor shall be liable to the City for any and all costs occasioned by the. -City_ The contract price shall be decreased in the -amount of such liability of the contractor and the City of Lubbock. Upon giving ten days written notice to the contractor, the City may elect to abandon this work and terminate the contract between the City and the contractor. In such event, the contractor shall be paid for all work executed, expenses incurred, and a reasonable profit thereon. O. Selection and award will be based primarily on the ability of the firm to produce a complete package in accordance with the specifications. Total price for package will be secondary, but will be an important consideration. The proposal most advantageous to the City of Lubbock will be the peopoal selected. Selection criteria follows: Criteria % Weight 1. Pro -poser's prior experience - experience with similar projects 25% Citibus Local Area Network - Request for Proposal November 1, 1990 Page 4 2. Personnel Qualifications experience and background of staff assigned to project 15% general personnel experience 10% 3. Proposer's methodology of completion of project - compliance with specifications 1.5% ability to comply with schedule 15% price and quality of hardware 20% P. In connection with the execution of this project, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, age, creed, sex, or national origin. The contractor shall .-. take affirmative action to insure that applicants are employed and that employees are treated during their employment, without regard to their race, color, religion, _ age, creed, sex, or national origin. Q. In connection with the performance of this project, the contractor will cooperate with the City in meeting its commitments and goals with regard to the maximum utilization of disadvantaged business enterprises(DBE) and will use its best efforts to insure that DBEs shall have the maximum practical opportunity to compete for subcontract work under this contract. The City of Lubbock's goals on UMTA-assisted contracts are: 15% participation for DBEs and WBEs (Women Business Enterprises). R. During the performance of this contract, the contractor, for itself, its assignees and successors in interest ( herein after referred to as the "contractor") , agrees to comply with the Title VI Civil Rights Act of 1964 regulations which are as follows: 1) The contractor shall comply with the regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, C.F.R. 21, as they may be amended from time to time (hereinafter referred to as the regulations) which are herein incorporated by reference and made a part of this contract. 2) The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, religion, color, sex, age, or national origin in the selection and retention of subcontractors, including the procurement of materials and leases of equipment. The citibus Local Area Network - Request for Proposal November 1, 1990 Page 5 contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the regulations, including employment practices when the contract covers a program set forth in Appendix B of the regulations. 3) Solicitation for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or. negotiatioh made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the regulations relative to nondiscrimination on the _grounds of.race, religion, color, sex, age, or national origin. 4) The contractor shall provide all information and reports required by the regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, and other sources of information, and its facilities as may be determined by the City of UMTA to be pertinent to ascertain compliance with such regulation, orders and instructions. Where any information is required or a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the City, or UMTA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5) In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City shall impose such contract sanctions as it of UMTA may determine to be appropriate, including, but not limited to: a) Withholding of payments to the contractor under the contract until the contractor complies, and/or b) Cancellation, termination, or suspension of the contract, in whole or in part. 6) The contractor shall include the provisions of paragraphs (1) through (6) of this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the City or UMTA may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the City to enter into such litigation to protect the interests of the citibus Local Area Network - Request for Proposal P-. November 1, 1990 Page 6 City, and, in addition, the contractor may request the services of the Attorney General in such litigation to ., protect the interest of the United States. S. The contractor must follow all labor provision regulations as follows: 1) Overtime Requirements. No contractor of subcontractor contracting for any part of the contract work -which may require or involve the employment of laborers or mechanics in any work week in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours on such work week unless -such _laborer or mechanic receives compensation at a rate not _less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such work week, whichever is greater. 2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (b)(1) of 29 C.F.R. Section 5.5, the contractor and the subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (or in the case of work done under contract for the District of Columbia or a territory, to such district or territory), for liquidated damages. Such liquidated damages shall be - computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (b) (1) of 29 .C.F-.R_ Section 5.5 in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the overtime wages required by the clause set forth in subparagraph (b)(1) of 29 C.F.R. Section 5.5. 3) Withholding for Unpaid Wages and Liquidated Damages. DOT or the recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b)(2) of 29 C.F.R. Section A- 5.5. Citibus Local Area Network - Request for Proposal November 1, 1990 Page 7 4) Non -construction Grants. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rages of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the recipient shall require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for _inspection, copying, or transcription by authorized representatives if DOT and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees on the job during working hours. 5) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in the paragraphs of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in the Section. T.. _In the event that only a single bid is received, the City will conduct a price and/or cost analysis of the bid. A price analysis is the, process of examining.:the bid and evaluating the, separate cost elements. It should be recognized that a price analysis through comparison to other similar procurements must be based on an established or competitive price of the elements used in the comparison. The comparison must be made to a purchase of similar quality and involving similar specifications. Where a difference exists, a detailed analysis must be made of the difference and costs attached thereto. Where it is impossible to obtain a valid price analysis, it may be necessary for the City to conduct a cost analysis of the bid price. The price and/or cost analysis shall be made by competent and experienced auditors or price analysts. If the City does not have the capabilities to perform the needed analyses, UMTA will lend support in obtaining the services of the Defense Contract Audit Agency. The City shall submit to UMTA all data and analyses of the determination prior to award of the contract. Citibus Local Area Network - Request for Proposal November 1, 1990 Page 8 II. The LAN will consist of three existing Industry Standard Architecture (ISA) computers (1-IBM Model 30, 1-Dell 316sx, r. and 1-Dell 310), one existing Hewlett-Packard LaserJet II printer, one existing Epson FX-1050 dot matrix printer, one existing Epson LQ-1010 dot matrix printer, and other network components as specified below: A. 1 each - Novell Compatible.Dedicated File Server 1. Minimum Intel 80386 processor at least 20 Mhz 2. At least 6 MB RAM 3. At least 300 MB hard disk drive (sub 20ms_access speed) 4. At least one serial port 5. At least one parallel port 6. 101 key enhanced keyboard 7. 1 - 1.44 MB 3;" diskette drive 8. Monochrome monitor 9. Latest version of DOS 10.16/4 token ring adapter B. 1 each - Standby Power Supply 1. At least 450 watts continuous output for 15 minutes 2. UPS monitoring capability is to be configured C. 7 each - Novell Compatible Network Workstation 1. Intel 80386 or 80386SX processor at least 16 Mhz 2. At least 1 MB Memory �- 3. At least one serial port 4. At least one parallel port 5. 101 key enhanced keyboard 6. VGA video capability 7. VGA color monitor with tilt/swivel stand 8. 1 - 1.44 MB 3," diskette drive 9. DOS 4.01 -" 10.16/4 token ring adapter D. All hardware, software, and cabling necessary for token ring -- topology for a minimum of 16 workstations E. 3 each - 16/4 token ring adapters for existing computers F. 7 each - Six Outlet Surge Protected Power Strips G. 1 each - Hewlett-Packard IIID Laser Printer with envelope feeder, parallel printer cable, and hardware necessary to attach as node to LAN H. 1 each - Hewlett-Packard Postscript Cartridge citibus Local Area Network - Request for Proposal November 1, 1990 Page 9 I. 1 each - 2 MB memory upgrade for Hewlett-Packard LaserJet IIID J. 1 each - Microsoft Mouse and Windows K. 1 each - Hayes 2400 baud external modem and cable and Smartcom III L. 1 each - Novell Netware 386 operating system M_ 1 each - Novell Compatible High Capacity Tape Backup with Software 1. Minimum 150 MB capacity 2. Minimum 3 MB per minute backup speed 3. External with internal controller card (must not use floppy controller) N. 10 each - Backup Tapes at least 150 MB O. 1 each - currently have two WordPerfect 5.0 and need to upgrade to WordPerfect 5.1 for use by four concurrent users on the LAN P. 1 each - currently have Lotus 1-2-3 version 2.0 and need to upgrade to Lotus 1-2-3 version 2.2 for use by four concurrent users on the LAN Q. 1 each 10 User edition. of Right Hand Man (Electronic Mail Software) or equal R. 3 each - Ashton-Tate RapidFile version 1.2 or equal S. 1 each - Aldus PageMaker PC version 3.x T. Network Multi -User General Accounting Software 1. Global features a. Password protection (1)To access system or executive functions. (2)To access module at the menu functions level (3)To access operator functions - posting, utilities, security b. Error recovery - rebuild files c. Control features (1)Forced control reports (2)dynamic file allocation d. User interface Citibus Local Area Network - Request for Proposal November 1, 1990 Page 10 (1)Context sensitive on-line help messages (2)Full screen editing (3) Browse capability to locate account codes, vendors, - customers, and employees (4)User-defined macros e. Training/Documentation (1)Disk based tutorial (2) Glossary of terms (3)Training guides ,.., (4)Training practice company data f. Integration - .fully integrated with module to module data transfer and automatic posting g. Network features (1) File and record lockout (2)Minimum of five simultaneous users per application (3)Multi-company capability -• h. Vendor services required - On -site training and support must be available for additional charge ^ 2. General Ledger with the following capabilities: a. Fund Accounting b. Master file information: (1)Minimum 11 digit account numbers (2)Prior year actual (3) Budget by period c. Processing Features (1) Recurring entries (2) User-def fined j ournals d. Transaction Processing (1)Ability to select from more than one accounting period to post transactions to for the entry session (2) Ability to post transactions to the next fiscal year prior to closing the books for the current year (3) Source journal identifier as part of permanent audit trail (4)On-line review of transaction detail (5)Transaction description of at least 25 characters (6)Unique journal entry number as part of the audit trail e. Reports (1)Trial Balance (2)Statement of Revenues and Expenditures -� (a)Current period and year-to-date on same page (b)Year-to-date vs. prior year-to-date (c)Current period vs. same period last year (d)Current period, ytd and budget on same report Citibus Local Area Network - Request for Proposal November 1, 1990 Page 11 (3) Funds Statement (a) Balance this period (b)Balance this period vs. same period last year 3. Accounts Payable a. Master file information (1)Vendor name and address (2) Date of last purchase ( 3 ) Last check no. (4) Last check date (5) Last check amount (6) Terms (7)Normal vendor G/L.distribution accounts (8) Contact name (9)1099 information tracking capability b. Transaction processing (1)Vendor, invoice number, date, and amount (2) Automatically assigns voucher number (3) Due date (4) Discount date (5) Discount amount (6)Choice of accounting period (7) Description c. Cash Disbursements (1)One-time vendor payment (2)Manual check entry - the ability to record that an invoice already entered to the system has been paid by a manual check (3) Partial payments - ability to pay less than the full amount of the :invoice while processing computer checks (4)Select vouchers by vendor (5)Select vouchers by due date (6)Select vouchers by discount date (7) Defer invoices for payment d. Audit Trails (1)Monthly transactions by account (2)Monthly detail transactions by vendor (3)Mandatory audit trail report printing (4) Duplicate invoice check (5)On-line validation of general ledger account numbers (6)On-line invoice inquiry by vendor, voucher, and due date e. Reports (1)Open invoice register by vendor (2) G.L. distribution (3) Payables aging report (4) Check register Citibus Local Area Network — Request for Proposal November 11 1990 Page 12 (5)Monthly check register (6)Outstanding check register (7)Payments overdue only report (8)Pre-check register (9)Vendor analysis report showing purchases year to date for each vendor (10)1099 reporting 4. Accounts Receivable a. Master file information .- (1)Name, address, telephone (2)Account number (3)Contact (4)Statement option - whether to print statements for customer (5) Balance forward or open item (6)Terms °- (7)Customer type b. Transaction Processing (1)Invoice printing without order entry (2)G/L distribution accounts and amounts (3)Custom designed invoices/statements c. Audit Trail (1)Separate transaction number for each entry (2)Mandatory audit trail report printing (3)Automatic-invoice numbering d. Reports -- (1) Aged trial balance (2) Customer statements/invoices/cash journal (3)Transaction register (4)G/L distribution - summary of A/R entries by G/L account code (5)Past due lists 5. Payroll "- a. Master file information (1)Department (2) Marital status (3)Job class (4) Date of Birth (5)Termination date (6)Pay frequency (7)General Ledger wage distribution b. Processing features (1)Fixed and percentage deductions (2) Daily, weekly, bi-weekly, semi-monthly, and monthly pay periods (3)Federal withholding table supplied �. (4)Automatically pay salaried employees Citibus Local Area Network - November 1, 1990 Page 13 Request for Proposal (5)Multiple pay rates per single pay period (6)Bonus pay (7)SUTA/FUTA accrual (8)Vacation/sick pay capability c. Check Printing (1)By pay frequency (2)Print benefits on stub (3)Hand written checks (4)Void check function (5)User designed check format d. Reports (1)941 worksheet (2)State unemployment worksheet (3) Worker's compensation (4)Payroll register by department, account and job (5)Current period and YTD on payroll register (6)QTD and YTD earnings report (7)Deduction register (8) Post payroll generated liabilities to G/ L (9)Print w-2Is before year end III. Installation A. Installation should begin within two weeks after acceptance of proposal and should be completed within ten working days after equipment is delivered. Network cable installation can be completed prior to delivery of equipment. B. All equipment should be ;tested and fully functional prior to delivery- C. The Novell network operating system should be installed on the file server and tested prior to delivery. D. The UPS monitoring function should be installed and functional prior to delivery. E. All purchased application software should be installed on the network file server prior to delivery. F. Installation is to include the creation of a menu driven interface for all application software on the file server G. Installation is to include the creation of user and system script. H. Installation is to include automation of the tape backup citibus Local Area Network - Request for Proposal November 1, 1990 Page 14 system to provide for both a full backup and unattended nightly incremental backups. J. An acceptance test will be completed with the designated staff member on operating system, UPS monitoring system, all application software, and all hardware after installation at -- Citibus prior to final acceptance of LAN. K. Installation is to include any additional equipment necessary for connection of the LAN to the electric power source at Citibus or any modifications to the electric power source necessary to operate the -I AN_ IV. Training A. Network Administrator training for two people of at least eight hours is to be provided and should cover the following topics: 1. Setup and maintenance.of new users 2. User rights 3. User groups 4. Login scripts 5. Password security 6. Disk utilization and restrictions 7. Directory structures 8. Printer configuration 9. Print queue management 1O.File server monitoring 11.Tape backup and restore procedures 12.File server operation 13.UPS monitoring functions B. Application software training is to be included as part of this proposal. 1. The applications to be trained on include: a. PC Literacy 9 people b. Lotus 1-2-3 version 2.2 9 people c. WordPerfect version 5.1 9 people d. Right Hand Man or equal 10 people e. RapidFile or equal 8 people f. PageMaker 2 people g. General Ledger 4 people ,,, h. Accounts Receivable 4 people citibus Local Area Network - Request for Proposal November 1, 1990 Page 15 i. Accounts Payable 4- people j. Payroll 4 people C. Delivery of training should begin with the delivery of the network and should be completed within three months after the network is operational D. Additional network administrator training should be available if necessary on a fee.basis. E_ Technical support.. should be available after installation and acceptance an -a fee basis. V. Warranty and Maintenance A. Parts and Labor warranty should be for a minimum of one year and should be provided on -site by an authorized dealer. If during the warranty period, any repairs to the file server will take longer than one day to complete, then a substitute file server should be provided under the warranty service. B. On -site maintenance by an authorized dealer should be provide for two years to begin at the conclusion of the one year warranty period. C. A response time of twenty-four (24) hours from notificaton of problem is required. VI. References and Technical Support Personnel A. Any proposer should supply a minimum of three references of previous Novell Advanced Netware 286, SFT Netware, or 386 Netware installations. The installations should have at least 10 workstations and should include the following information: 1. Hardware configuration including file server, workstations and topology 2. Level of Netware installed 3. Length of time the network has been operational 4. Name of the customer 5. Contact person's name and telephone number B. Any proposer should supply the location of training site and qualifications (resume) of specialist conducting the training Citibus �,. Local Area Network - Request for Proposal November 1, 1990 Page 16 for network adminsitrator and all application software. --C. Any proposer shall have a qualified hardware and Netware support specialist on staff. Said support specialist(s) and other key personnel should be identified and any training and or practical experience should be described including, but not limited to: 1. Education 2. Novell training courses completed 3. Number and type of networks installed and supported (THIS PAGE LEFT BLANK INTENTIONALLY) Citibus Local Area Network - Request for Proposal November 1, 1990 Page 1 CITIBUS LOCAL AREA NETWORK ACCOUNTING SYSTEM CHECKLIST (Must.be completed and included in proposal) Please circle Y for yes, N for no, or U for plans to update within one year. Network Multi -User General Accounting Software 1. Global features a. Password protection N U (1) To access system or executive functions N U (2). To access module at the menu functions level N U (3) To access operator functions posting, utilities, security N U b.- Error recovery - rebuild .files c. Control features N U (1) Forced control reports N U (2) dynamic file allocation d. User interface N U (1) Context sensitive on-line help messages N U (2) Full screen editing Y N U _ (3) Browse capability to locate account codes, p� vendors, customers, and employees V N.0 (4) User -defined macros e.. Training/Documentation N U (1). Disk based tutorial N .0 (2) Glossary of terms Y N U (3) Training guides N U (4) Training practice.company data N U f. Integration - fully integrated with module to module data transfer and automatic posting g. Network features N U. (1) File and record lockout Y N U (2) Minimum of five simultaneous users per application Y N U ..(3) Multi -company capability Y N U h. Vendor services required - On -site training and support must be available for additional charge 2. General Ledger with the following capabilities: 6 N U a. Fund Accounting b. Master file information: r citibus Local. Area Network - Request for Proposal November 1, 1990 Page 2 L �Y N U N U Y N U N U Y� N U N U N .0 ON U N U Y N U Y N U N U ( Y) N U N U N U. Y� ,N U l N U N. U ry� N U 3. Y N U N U N U N U Y N U N U N U N U Y) N U l% N U. (1) Minimum 11 digit account numbers (2) Prior year actual (3) Budget by period c. Processing Features (1) Recurring entries (2) User -defined -journals d. Transaction Processing (1) Ability to select from more than one accounting period to post transactions to for the entry session (2) Ability to post transactions to the next fiscal year prior to closing the books for the current year (3) Source journal identifier as part of permanent audit trail (4) On-line review of transaction detail (5) Transaction description of at least 25 characters ( 6 ) Unique journal entry number as part of the audit trail e. Reports (1) Trial Balance (2) Statement of Revenues and Expenditures (a) Current period and year-to-date on same page (b) Year-to-date vs. prior year-to-date (c) Current period vs. same period last year (d) Current period, ytd and budget on - same report (3) Funds Statement (a) Balance this period (b) Balance this period vs. same period last year Accounts Payable a. Master file information (1) Vendor name and address (2) Date of.last purchase (3) Last check.no. (4) Last check date (5) Last check amount (6) Terms (7) Normal vendor G/L distribution accounts (8) Contact name (9) 1099 information tracking capability b. Transaction processing (1) Vendor, invoice number, date, and amount I T I Citibus - Local Area Network - Request for Proposal .r_ November 1, 1990 Page 3 N U (2) Automatically assigns voucher number N U (3) Due date N U (4) Discount date Y) N N U U (5) (6) Discount amount Choice of accounting period Y N U (7) Description c. Cash Disbursements Y N U. (1) One-time vendor payment N U (2) Manual check entry - the. ability to record that an invoice already entered to the system has been paid bya manual check. N U (3) Partial payments - ability to pay less. than the full amount of the invoice while �Y N U (4) processing computer checks Select vouchers by vendor N U (5) Select vouchers by'due date N U (6) Select vouchers by discount date N U (7) Defer invoices for payment d. Audit Trails N U (1) Monthly transactions.by account N U (2) Monthly detail transactions.by`vendor N U (3) Mandatory audit trail report printing N U (4) Duplicate invoice check N U (5) On-line validation of general -ledger account numbers - N U (6) On-line invoice inquiry by vendor, voucher, and due date .a e. Reports _ N U (1) Open invoice register by vendor N U (2). G.L. distribution N U (3) Payables aging report N U (4) Check register ` N U (5) Monthly check register N U (6) Outstanding check register 1 N U .(7) Payments overdue only report - N U (8) Pre -check register Y N- U (9) Vendor analysis report 'showing purchases _ N U year to date for each vendor. (10)1099 reporting 4. Accounts Receivable a. Master file information _ N U (1) Name, address, telephone N U (2) Account number .�, N U (3) Contact N U (4) Statement option - whether to print - statements for customer �Y N U (5) Balance forward or oper. item r Li L; L L I L citibus Local Area Network - Request for Proposal t November 1,-1990 Page 4 N U .(6) Terms N U (7) Customer type Transaction Processing N U (1) Invoice printing without order entry N U. (2) G/L distribution accounts and amounts N' U (3) Custom designed invoices/statements C. Audit Trail Ct N U (1) Separate transaction number for each entry N U (2) Mandatory audit -trail report printing Y N U (3) Automatic invoice numbering d. Reports N U (1) Aged trial balance "L N U (2) Customer statements/invoices/cash journal N U (3) Transaction register N U (4) G/L distribution - summary of A/R entries (J N U (5) by G/L account code Past due lists 5. Payroll a. Master file information N U (1) Department Y N U (2) Marital status N U (3) Job class -. N U (4) Date of Birth N U (5). Termination date Y N U (6) Pay frequency N U (7) General Ledger wage distribution b. Processing features �Y N U (1) Fixed and percentage deductions vy N U (2) Daily, -weekly, bi-weekly, semi-monthly, and monthly pay periods . N U (3) Federal withholding table supplied N U (4) Automatically pay salaried employees N U .(5) Multiple pay rates per single pay period N U (6) Bonus pay N U (7) SUTA/FUTA accrual N U (8) Vacation/sick pay capability C. Check Printing N U (1) By pay frequency N U (2) Print benefits on stub N U (3) Hand written checks N U (4) Void.check function N U (5) User designed check format d. Reports N U (1) 941.worksheet N U (2) State" unemploy:. -,it worksheet N U (3) Worker's comp, --ion Y N U (4) Payroll regi,- by department, account L Citibus Local Area Network - Request for Proposal November 11 1990 Page 5 U (5) and job Current period and YTD on payroll register `N U (6) QTD and YTD earnings report N U N U (7) (8) Deduction register Post payroll generated liabilities to G/L N U (9) Print w-2's before year end If there is a specific comment on any item, please reference it and make comments on seperate sheet and attach to this. form. ^.r (THIS PAGE LEFT BLANK INTENTIONALLY) January 24, 1991 NOTICE OF ACCEPTANCE -- TO: Computer Transition Services, Inc. 3223 S. Loop 289 Lubbock, TX. 79423 The City of Lubbock, having considered the proposals '- submitted and opened on the 14th day of December, 1990, for work to be done and materials to be furnished in and for: BID#11010-LOCAL ARE NETWORK FOR THE CITY OF LUBBOCK/CITIBUS as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the l0th day of - January, 1991, at the proposal price contained therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents .� specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (5%) proposal security, submitted with your proposal, will be returned upon the execution of such contract •- documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said proposal security will be retained by the City of Lubbock. CITY OF LUBIWCK Owner' epresentative I.33 (THIS PAGE LEFT BLANK INTENTIONALLY) s c � CHANGE ORDER NUMBER SIX BID NUMBER 10943 TO: Armstrong Mechanical, Inc. P.O. Box 3430 Lubbock, Texas 79452 Original Amount of Contract Amount of Previous Change Orders Net Amount this Change Order Amended Amount of Contract Percentage change of Contract Price is 0.52% This will not extend the completion date 708,600.00 15,257.00 3,652.07 727,509.07 WHEREAS, it is desirable to make changes in the plans and specification for this project. THIS AGREEMENT WITNESSED: Furnish material for a complete installation of a new 4" control valve for AHU-#2 and a new 3" control valve for AHU#9 at LIA. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 24 day of August, 1992. CONTRACTOR: BY:� TITLE: OWNER City of,, Lubbock By: `"* 0, Deputy City Manager 4y: CONTENT: ing Services