HomeMy WebLinkAboutResolution - 2959 - Contract - Digital Equipment Corp - Municipal Information System Expansion - 11/17/1988HW: j s
Resolution #2959
November 17, 1988
Item #21
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 Digital Equipment Corporation for Muni-
cipal Safety Information System Expansion, 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 17th day of November , 1988.
c
r
B. C. MCMI MAYOR
ATTEST:
tte Boyd, City Secrerar
APPROVE AS TO CON ENT:
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
- vaa.12a %e &'�_
H rold Willard, Assistant City
Attorney
CE
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
Resolution #2959
THIS AGREEMENT, made and entered into this November 17, 1988 , 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 DIGITAL EQUIPMENT CORP6RATION hereinafter referred
as CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by 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:
-Municipal. Safety Information System Expansion as described in OWNER'S
REQUEST FOR PROPOSAL. Hardware, Software, & License Agreements
in the amount of $182,787.50.
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance and other accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
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.
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.
4ATTEST: CITY OF LUBBOCK, TEXAS (OWNER)
Q ~
ey.,-.
��/j�• n.
MAYOR
APPROVED AS TO CONTENT APPROVED.FORM:
is ,u lr..:7 .� :u ►�
ATTEST: DIGITAL EQUIPMENT CORPORATION
CONTRACTOR
Secretary
By
rank W. Bowden
TITLE: _Vi CP President
PPROVED BY SCA South Central Area Sales
LAW % CONTRACTS DEPT COMPLETE ADDRESS:
4851 LBJ Freeway
Da as,75244
1. OWNER
Whenever the
First Party,
referring to
2. CONTRACTOR
GENERAL CONDITIONS OF THE AGREEMENT
word Owner, or the expression Party of the First Part, or
are used in this contract, it shall be understood as
the City of Lubbock, Texas.
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, co -partnership or corporation, to -wit:
Digital. Equipment Corporation, who has agreed to perform the work
embracedinthis con rac , or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative is used in this contract, it
shall be understood as referring to Tom Martin, Manager Information
Services. 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,
Attachment A, 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 like import are used, it
shall be understood that the direction, requirement, 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 which must depend on
individual judgment, then, in all such cases, and 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
-1-
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.
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;
provided, however, that selection of personnel provided hereunder
shall be within the sole control of Contractor. 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 Owners Representatives will not be responsible for the
acts or omissions of the Contractor, or any subcontractors, or any of
his agents or employed, or any other persons performing any of the
work.
-2-
10. CONTRACTOR'S UNDERSTANDING
it is understood and agreed that the Contractor has, by careful
examination of the information contained in Owner's Request for
Proposal, 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. No verbal
agreement or conversation with any officer, agent, or employee of the
Owner, either before of after the execution of this contract, shall
effect or modify any of the terms or obligations herein contained.
11. PROJECT PLANT
The Contractor shall provide all labor, tools, equipment, machinery
and materials necessary in the prosecution and completion of this
contract where is 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 finally completed and accepted; provided,
however, Owner shall provide space in Owner's computer room for
Contractor to store materials, tools, equipment and machinery.
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 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 contractor
finds any discrepancies or omissions in these plans, specifications,
or contract documents, he should notify the Owner's 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 clarifications must be submitted no later than five days prior to
the opening of proposals.
13. PROTECTIONS 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 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
constructions codes. 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
-3-
federal, state and municipal was and building and constructions codes.
Subject to Contractor's Remedies and Limitations provision set for in
paragraph 15 of Attachment A to this Contract, 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 whatsoever ever,
brought for or on account of any sole negligent act or fault of the
Contractor or any sub -contractor, their agents or employees, in the
execution and 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 judgment 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 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 $300,00
Property Damage per occurrence to include:
Premises and Operation
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with "c" waived)
B. Owner's Protective or Contingent Public Liability
Insurance and Property Damage Liability Insurance
For Bodily Injury, including Accidental Death, $500,000 per
occurrence and $100,000 Property Damage
C. Comprehensive Automobile Liability Insurance
The contractor shall have Comprehensive Automobile Liability
Insurance with limits of not less than;
-4-
Bodily Injury 250/500.00
Property Damage $100,000
to include all owned and non -owned including Employers
Non -ownership Liability Hired and Non -owned Vehicles.
D. Excess or Umbrella Liability Insurance
The Contractor shall have Excess to Umbrella Liability Insurance in
the amount of $100,000 with ($1,000,000 minimum) coverage to
correspond wi Compre ensive General Liability and Comprehensive
Automobile Liability coverage.
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.
(5) A provision that the policy may be canceled 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 give to the
City ten days prior to any change in or cancellation
of the policies shown on the certificate.
-5-
15. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The provisions of paragraph 10.1 Defense and Indemnification set forth
in Attachment A to this Contract shall govern the parties rights and
obligations for any claim or claims of patent or copyright
infringement made by a third party against the Owner.
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 contract for changes in the work. If the
Contractor performs and work knowing it to be contrary to such laws,
ordinances, rules and regulations, 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, 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 Owner, that the date of delivery of Equipment specified
in the Notice to Proceed which is to be mutually agreed upon by the
parties is an essential condition of this Contract.
If the Contractor should neglect, fail, or refuse to deliver the
Equipment within the time quoted by Contractor, or any proper
extension thereof granted by the Owner, the 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 1/30th of the basic monthly maintenance
charge or 1/1000th of the purchase price of all undelivered Equipment,
whichever is greater, 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 up to a maximum of thirty (30) days that the
WE
Contractor shall be in default after the time stipulated for delivery
of the Equipment.
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, as such times as may reasonably 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
Payment for Products and Distributed Software shall be due thirty (30)
days from the date of successful Installation of the Products by
Contractor. Payment for Services and of fees for which no "delivery"
of Products is involved is due upon receipt of invoice.
20. 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.
-7-
21. 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
Owner's 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 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.
22. 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 a 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.
23. 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 no 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 the the Contractor's own employees or to any other person, firm, or
corporation.
24. 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 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. In case of dispute
Owner may remove the debris and charge the cost to the Contractor.
-8-
25. JURISDICTION
The law of the State of Texas shall govern performance of this
contract.
26. ATTACHMENTS
Attachment A to these General Conditions of The Agreement which are
identified as DIGITAL EQUIPMENT CORPORATION U.S. STANDARD TERMS AND
CONDITIONS is hereby incorporated into these General Conditions of The
Agreement. To the extent there is any conflict between the terms of
Attachment A and these General Conditions of The Agreement, these
General Conditions of The Agreement shall control.
27. 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
this proposal, and these General Conditions of The Agreement, these
General Conditions of The Agreement shall control.
ME
ATTACHMENT A
DIGITAL EQUIPMENT CORPORATION
U.S. STANDARD TERMS AND CONDITIONS
The following aro the Terms and Conditions under which Digital Equip-
ment Corporation ("DIGITAL') sells and licenses Products. Services, and
Distributed Software in the United States of America.
1. Definitions
1.1 "Equipment" refers to computer systems (excluding software),
related hardware, accessories. and spare parts listed In the Price
List Equipment may be manufactured using refurbished compo-
nents or may have been used internally for ongoing reliability
testing. Spare parts may be refurbished.
1.2 "Software" refers to software products (including databases), listed
in the Price List, supplied with Equipment, or otherwise supplied
or developed by DIGITAL including packaged application software
and software supplied In connection with Services. The term
"Software" applies to all parts of Software, and to new releases,
updates. and modifications of Software, but does not Include
Distributed Software.
1.3 "Distributed Software' refers to third -party software products,
Including databases, licensed directly to Purchaser by a third party
and identified as such.
1.4 "Documentation" refers to manuals, handbooks, maintenance
libraries, and other publications listed in the Price List or supplied
with Software or Equipment listed in Price List or supplied in
connection with Services. The term "Documentation" does not
Include Software Product Descriptions. Service Descriptions, Soft-
ware, or Distributed Software.
1.5 "Services" refers to DIGITAL standard software services, equip-
ment services and educational services, for which there Is a Service
Description, but does not refer to custom services.
1.6 "Products" refers to Equipment. Software. and Documentation or
other products furnished under these Terms and Conditions, but
not to Services or to Distributed Software. For Software, other
licensed Products and Distributed Software, the term "purchase"
means "license" and the term "Purchaser" means "Licensee."
1.7 "Price List" refers to the DIGITAL published price list- 1) appli-
cable to the Products or Services that are the subject of a particular
order, and II) that Is current when the order is accepted.
IA "Software Product Descriptions" ("SPDs") refers to documents of
this name and any addenda thereto which provide Software
specifications, warranty. and license information for Software
described therein.
1.9 "Service Descriptions" refers to documents of this name which
provide information regarding DIGITAL's and Purchaser's obliga-
tions for Services provided under these Terms and Conditions.
2. Orders, Prices and Fees
Prices and fees for Products. Distributed Software. and Services will
be as specified in an authorized DIGITAL quotation that Is current at
the time an order is accepted, or in the absence of a quotation, shall
be DIGITAL's standard prices and fees specified in the Price List Fees
for and services Included with Software licensed under a Periodic
Payment License ("PPL") may be changed by DIGITAL upon ninety 1901
days' written notice.
3. Taxes
Prices and fees are exclusive of and Purchaser is responsible for all
applicable taxes on the sale, license, or use of Products and Distrib-
uted Software or on the provision of Services, except for taxes based
on DIGITAL's net Income.
4. Delivery
Products and Distributed Software will be delivered F.O.B. DIGITAL's
plants. Purchaser will be responsible for constructed transportation
charges. and for insurance at fates in effect at the time an order Is
accepted. Purchaser may elect to provide its own insurance by
providing specific written notice to DIGITAL
S. Security Interest
DIGITAL reserves a purchase -money security interest in each Product
delivered and. in the case of authorized resellers, in any proceeds of
the Product including accounts receivable. Purchaser agrees to sign
upon request, any document necessary to perfect DIGITAL's security
Interest.
6. Payment
Payment for Products and Distributed Software Is due thirty (30) days
from the date of delivery, provided Purchaser maintains credit
arrangements satisfactory to DIGITAL Payment for Services and of
fees for which no "delivery" of Products Is involved is due upon receipt
of Invoke.
7. Cancellation and Rescheduling Ouuses
Cancellation or rescheduling by Purchaser of an order for Products or
Distributed Software thirty 130) days or Less prior to the acknowledged
delivery date will be subject to a charge to Purchaser of five percent
15$1 of the list price of the Products or Distributed Software to a
maximum of ten thousand dollars ($10,000). Rescheduling of an order
Is subject to acceptance by DIGITAL
Cancellation charges for regularly scheduled courses conducted at a
DIGITAL facility are fifty percent (50%) of the course price If cancelled
fourteen (14) days or less priorto the scheduled start date. Cancellation
charges may also be Incurred as specified In the applicable Service
Description In the event of Purchaser's cancellation of Services
furnished under agreement
i. hststaUtlon
Products or Distributed Software will be Installed by DIGITAL at
Purchaser's facility In the United States If the price includes installation
or if Purchaser separately purchases Installation services. Availability
of Installation Is specified in the Price List Installation shall be
deemed complete upon the successful execution of DIGITAL's
diagnostic programs. Purchaser is responsible for preparation of a safe
and suitable site in accordance with DIGITAL'S site specifications.
9. Warranty
9.1 Equipment
Equipment is warranted by DIGITAL to Purchaser against defects
in workmanship and material during the applicable warranty
period.
9.1.1 The warranty period for Equipment Is specified in the Price
List The period begins on the date installation is completed.
or upon delivery If the Equipment is customer installable.
If DIGITAL is prevented from installing Equipment by causes
beyond Its control for more than thirty (30) days from the date
of delivery, the warranty period will commence on the
thirtieth (30th) day after delivery.
9.1.2 Warranty service will be provided in the United States at
either Purchaser's facility or a DIGITAL repair facility, as
specified In the Price List
9.2 Software
DIGITAL warrants to Purchaser that Software designated as
warranted In the SPD or the Price List will conform to the SPD
applicable to the Software at the time an order Is accepted. The
term of the warranty and the manner in which DIGITAL will remedy
any nonconformance is specified in the SPD or the Price List All
other Software is provided "as is". DIGITAL does not warrant that
the execution of Software shall be uninterrupted or error free.
9.3 Distributed Software and Documentation
DIGITAL does not warrant the form or content of Distributed
Software or Documentation, both of which DIGITAL provides "as
is." Certain Distributed Software is warranted by the third party.
9.4 Limitation of Warranty
The warranties provided In Subparagraphs 9.1 and 9.2 are limited
warranties and do not apply to:
a) Many Products. other than Equipment or Software, which may
be sold or licensed by DIGITAL The above are sold or licensed
"as is." or are warranted directly to Purchaser by a third party,
or
b) conditions resulting from improper use of the Equipment or
Software or operation of the Equipment outside the specified
environmental conditions, or
c) conditions resulting from causes external to the Equipment
after delivery, or
d) conditions resulting from modifications to Equipment or
Software other than modifications made by DIGITAL
9.5 Service Warranty
DIGITALwarrants that Services will be provided in a workmanlike
manner in accordance with the Service Description applicable
at the time of order.
9.6 Remedies
Purchaser's remedies for DIGITAL's obligations under Paragraph
9 are as set forth in Paragraph 15.
9.7 Disclaimer of Warranties
THE ABOVE WARRANTIES ARE THE EXCLUSIVE WARRANTIES,
AND NO OTHER WARRANTY. EXPRESS OR IMPLIED. SHALL
APPLY. DIGITAL SPECIFICALLY DISCLAIMS THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
10. Patents and copyrights
10.1 Defense and Indemnification
DIGITAL shall defend, at its expense, any claim (including any suit)
brought against Purchaser alleging that any Equipment. Software
or Documentation furnished hereunder infringe a United States
patent, copyright, or mask work right, and shall pay alt costs and
damages finally awarded, provided that Purchaser gives DIGITAL
prompt written notice of such claim, and Information, reasonable
assistance and sole authority to defend or settle the claim. In the
defense or settlement of the claim, DIGITAL may obtain for
Purchaser the right to continue using the Equipment, Software or
Documentation replace or modify the Equipment, Software or
Documentation so they become non -infringing, or, If such remedies
are not reasonably available, gent Purchaser a credit for the
Equipment, Software or Documentation as depreciated and accept
their return DIGITAL shall not have any liability If the alleged
infringement is based upon the use. license or sale of the
Equipment. Software or Documentation In combination with other
products (Including software) not furnished by DIGITAL DIGITAL
DISCLAIMS ALL OTHER LIABILITY FOR VIOLATION,
MISAPPROPRIATION OR INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS, AND FURTHER DiSCWMS ANY LIABILITY
FOR INCIDENTAL OR CONSEOUENTLAL DAMAGES.
10.2 Patent License
For Equipment which has a UNIBUS or O -BUS interconnection bus.
DIGITAL grants to Purchaser a non -transferable license under U.S.
Patent SA 15,099. effective on DIGRAi.'s acceptance of Purchaser's
order for the Equipment, to manufacture, but not to have
manufactured. up to ten (10) Devices (as defined below) for
connection to the Equipment through the bus, and to use or. to
the extent that Purchaser Is authorized by DIGITAL to resell the
Equipment under a written agreement and any applicable
addendum thereto, to sell a system containing the Equipment and
the manufactured Devices. The term "Device" means a memory
or peripheral unit adapted to be directly connected to the bus,
or an Interface for a memory or peripheral unit enabling it to be
connected in such a way that the connected memory or peripheral
unit is covered by one or more claims of U.S. Patent 3,815.099.
11. Software License
Purchaser receives no right to use any Software except by the grant of
a Software license by DiGITAL A Software license identifies the Software
and the processor or equipment configuration on which the Software
may be executed and may identify additional license terns.
11.1 Grant of Software License
On DiGfTAL's acceptance of Purchasers order for a Software
license DIGITAL grants Purchaser a Software license as provided
below. For Software supplied by DIGITAL with Equipment or in
connection with Services (except the Software indicated in
Paragraph 13) or for Packaged Applications Software. Purchaser's
order for Equipment or Services or the Packaged Application
Software shall constitute the order for a Software License.
Purchaser's license shall continue unless terminated as provided
herein.
These Terms and Conditions govern the license granted by
DIGITAL to Purchaser and Purchaser's obligations thereunder.
DIGITAL grants no Software licenses whatsoever, either explicitly
or Implicitly. except by acceptance of an order for a Software
license. Storage media which Purchaser receives from DiGITAL may
contain certain Software for which DIGITAL has not accepted an
order from Purchaser for a Software license. If Purchaser desires
to license this Software. Purchaser must obtain the appropriate
Software licenses from DIGITAL Technical means may be
Incorporated In Software to prevent Purchaser's access to
unlicensed Software.
11.2 Standard License Terms
11.2.1 Software Execution
Purchaser may execute the Software on the licensed
Processor, and may load. copy or transmit the Software.
In whole or in part, only as necessary for execution on the
Licensed Processor, except that: l) Purchaser may execute
the Software (except diagnostic Software) on another
single processor or equipment configuration on a
temporary basis during a malfunction which prevents
execution of the Software on the Licensed Processor, and
may load, transmit. or copy the Software as necessary for
such temporary execution; and, 11) Purchaser may make
archival copies of the Software as provided In the
Copyright Law of the United States.
The tens "licensed Processor" shall mean a processor
or equipment configuration of the type specified In the
License: l) the serial number of which is specified in the
DIGITAL license certificate furnished by DIGITAL or in the
Software license order acknowledged by DIGITAL., or, If
none is so specified. it) on which the Software is first
executed pursuant to the license grant
11.2.2 Modification and Merger
Purchaser may 1) modify the Software (in machine
readable form only). or ii) merge modified Software or
unmodified Software into other software. to form
adaptations Intended solely for execution by Purchaser
on the Licensed Processor. Any part of the Software
Included In such adaptations will continue to be subject
to these Tema and Conditions and of the applicable
Software license.
11.2.3 Access to Software
Purchaser may make the Software available to Its
employees and agents to the extent needed to exercise
Its license hereunder. Purchaser may also make the
Software available to eligible related parties las defined
In a Shared Access Agreementl which have executed a
Shared Access Agreement agreeing to be bound by all
the terms of Purchasers license, and to their employees
and agents In accordance with the terns of the Shared
Access Agreement Purchaser shall not make the Software
available In any form to any parties except those
Identified In this Subparagraph 11.2.
To the extent that the Software contains any confidential
or trade secret information. the Software and the
Information It contains are licensed to Purchaser pursuant
to a confidential relationship. Purchaser expressly
acknowledges this confidential relationship and agrees to
keep the Software and Information In confidence as
provided herein.
11.2.1 Personal. Nonexclustve Licenses
Purchasers license Is personal and nonexdustve, and may
not be transferred without DIGITAL's express consent.
except as provided In DiGITAL's Software License
Transfer Polley stated In the Price List in effect at the time
of transfer.
1125 Retard Keeping
Purchaser shall keep complete and accurate records a)
uniquely identifying the Software and the Licensed
Processors (through retention of the DiGITAL Issued
license certificate or otherwise) and b) Indicating where
the Software Is located Within thirty (30) days after
receiving a request from DiGITAL Purchaser shall provide
copies of the applicable records to DIGITAL and if
DIGITAL reasonably believes that the Software has been
made available to any third party or executed (except as
permitted by these Terms and Conditions) on any other
processor or equipment configuration during the term of
the license. Purchaser shall provide an explanation.
Purchaser agrees to reproduce DIGITAL's copyright and
all other legal notices, Including but not limited to other
proprietary notices and notices mandated by
governmental entitles, on all complete or partial copies.
adaptations. or transmissions of the Software.
11.2.6 License Limitation, Reverse Engineering
DIGITAL transfers no tick to or ownership of any Software
to Purchaser or any third party. Except as explicitly set
forth in these Terns and Conditions, Purchaser shall not
execute, use. copy, or modify the Software or take any
action Inconsistent with DIGrrAL's Intellectual property
rights In the Software. Purchaser shall not decomptk or
reverse assemble the Software. or analyze or otherwise
examine it for reverse engineering the Software or for
reverse engineering any hardware or firmware
Implementation of the Software.
11.3 Additional License Terms
If Purchaser orders certain Software licenses. additional or
modified terms may apply as Indicated or referenced below:
11.3.1 Software License Order Without Media
9 Purchasers order specifies a Software license for which
no corresponding media order is required by DIGITAL,
then on DIGITAL's acceptance of the order. DIGITAL will
grant to Purchaser the additional right to load, copy, or
transmit a version of the Software already licensed to
Purchaser and in Purchaser's possession for execution
only on the Licensed Processor specified in Purchaser's
order.
11.3.2 Sources
Additional terns apply to all Software license orders for
source code Software. Purchaser must execute an
appropriate source license agreement to obtain a license
for source code Software.
11.3.3 New Versions
Applicable license terms and fees. if any, for new versions
of the Software are specified In the Price List.
11.3.4 PPL
Software orders specifying a PPL license require payment
of Initial fees and ongoing• periodic fees. Purchaser may
terminate a PPL license effective at the end of any
payment period on ninety (90) days prior written notice
to DIGITAL
11.3.5 Terms in Price List or SPD
For certain licenses additional or modified terms may
apply as indicated and/or referenced in the Price List.
the applicable SPD or Service Description.
11.4 License Termination
DIGITAL may terminate any licenses granted and any Software
orders placed hereunder if Purchaser neglects or fails to perform
or observe any of its obligations to DIGITAL under these Terns
and Conditions, and such condition is not remedied within ten
I 10 days atter written notice has been given to Purchaser.
Termination, whether by DIGITAL or Purchaser, shall apply to all
versions of the Software licensed for execution on the Licensed
Processor.
Before any termination by Purchaser becomes effective, and in
the event of any termination by DIGITAL. Purchaser shall 1) return
to DIGITAL any license certificate furnished by DIGITAL, III
destroy all copies of all versions of the Software in Purchaser's
possession, iii) remove all portions of all versions of the Software
from any adaptations made by Purchaser and destroy such
portions, and )v) certify in writing that all copies, including all
those included in Purchaser's adaptations, have been destroyed
In accordance with DIGITAL's standard Destruction of Software
certification.
11.5 Distributed Software
Distributed Software Is licensed in accordancewith the terms and
conditions of the third -party license agreement accompanying
the Distributed Software. Purchaser shall not load. execute,
modify, copy, disclose, transfer, or otherwise use the Distributed
Software except as provided in the applicable third party license
agreement
12. Reservation of Property Rights
12.1 The purchase or license of DiGITAL Produces does not convey
any right to combine or connect DiGITAL Products. protocols,
or system architectures with produce other than Authorized
Products where DIGITAL has one or more patents covering
such combination or connection. Authorized Products are: 1)
products covered by an express license between DIGITAL and
Purchaser. 2) products distributed directly or Indirectly by
DIGITAL or 3) products distributed directly or indirectly by any
Licensee of DIGITAL whose license Includes the right to resell
or sublicense such products.
12.2 Except as expressly set forth in these Terms and Conditions,
DIGITAL grants no right. tile. or interest In its Intellectual
property rights to Purchaser.
13. Maintenance Material
Diagnostic Software, Documentation, equipment or other material
used by DIGITAL in the performance of installation, warranty, or
Services may be furnished with Products or stored at Purchaser's
facility. DIGITAL grants no title or license to such material, and It
remains the exclusive property of DIGITAL Purchaser agrees to
properly secure such material and not to use it in any manner or make
it available to third parties without DiGITAL's prior consent.
14. Export
Purchaser hereby acknowledges that it will not export any DIGITAL
Products, Distributed Software or technical data (e g., any technical
information relating to Products or Distributed Software, written or
otherwise). or any product incorporating Products. Distributed
Software, or DIGITAL technical data, without first obtaining required
U.S. Government export licenses. Purchaser further acknowledges that
It Is knowledgeable about U.S. Government export licensing
requirements or that it will become so prior to engaging, directly or
Indirectly, in arty export transaction Involving Products, Distributed
Software, or DIGITAL technical data.
15. Remedles and Lhnkations
15.1 DIGITAL's entire liability and Purchasers remedies are set
forth in this Paragraph 15. except as provided in Subparagraph
10.1. These remedies are Purchaser's exclusive remedies and
are in lieu of any other remedy at law or in equity.
15.2 In all situations Involving performance or nonperformance of
Equipment and Software furnished hereunder, Purchaser's
remedy Is I) repair or replacement by DIGITAL (at DIGITAL's
option) of defective Equipment If notified by Purchaser of the
defect within the warranty period, or 2) remedy. by DIGITAL in
the manner specified In the SPD. of a nonconformance of
Software to the applicable SPD during the stated warranty
period. if DIGITAL fails to perform Its warranty or service
responsibilities, or If Purchaser has any other claim related to
Products or Services purchased or licensed from DIGITAL.
Purchaser shall be entitled to recover only direct damages and
only up to the limits set forth in Subparagraph 15.3.
15.3 DIGITAL'S LIABILITY TO PURCHASER FOR ANY CAUSE
WHATSOEVER SHALL BE LiMITED TO THE GREATER OF ONE
MILLION DOLLARS ($1.000.000.00) OR THE PURCHASE PRICE
PAID TO DIGITAL FOR THE PRODUCTS AND SERVICES THAT
ARE THE SUBJECT OF PURCHASER'S CLAIM. THiS LIMITATION
WILL APPLY REGARDLESS OF THE FORM OF ACTION,
WHETHER CONTRACT OR TORT. INCLUDING WITHOUT
UMITA11ON NEGLIGENCE. THE FOREGOING LIMITATION
DOES NOT APPLY TO DAMAGES RESULTING FROM
PERSONAL INJURY CAUSED BY DIGITAL'S NEGLIGENCE.
15.4 IN NO EVENT WILL DIGITAL BE LIABLE FOR ANY DAMAGES
RESULTING FROM IHSS OF DATA OR USE. LOST PROFITS OR
ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
15.5 Any action against DIGITAL must be brought within eighteen
(18) months after the cause of action arises.
16. General Provisions
DIGITAL Products are manufactured for standard commercial uses and
are not intended to be sold or licensed for use in critical safety systems
In nuclear facilities. DIGITAL may require additional contractual
safeguards for other nuclear, mass transportation, and aviation
applications.
DIGITAL Is not responsible for delay or failure to perform its
obligations due to causes beyond its reasonable control. installation.
warranty. and Services to be performed at Purchasers facility may not
be performed if DIGITAL reasonably believes conditions at the
Purchaser's facility represent a safety or health hazard to any DiGITAL
employee.
Neither party may assign or transfer any of the rights. duties and
obligations listed above without the written consent of the other party.
Service Descriptions, SPD's. and the provisions In the Price List
applicable to Products, Services or Distributed Software that are the
subject of Purchaser's order shall be considered part of these Terms
and Conditions and are provided to Purchaser, or if not provided, are
available to Purchaser on request DIGITAL's acceptance of Purchasers
order will form an agreement subject only to these Terns and
Conditions. These Terms and Conditions will supersede any previous
communications. representations, or agreements by either party
whether verbal or written Including any terns and conditions on
Purchasers order. Any modification to these Terns and Conditions
must be In writing and signed by authorized representatives of
DIGITAL and Purchaser. This agreement is governed by and construed
under the jaws of Massachusetts.
j BOND N0: Al 174677-507 CONTRACT BOND PREMIUM: a
(Short Form)
INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA
Know all Men By these Presents, That we, DIGITAL EQUIPMENT CORPORATION
(hereinafter called "Principal"), as Principal, and the INSURANCE COMPANY OF NORTH AMERICA, a Cor-
poration organized and existing under the laws of the State of Pennsylvania, and authorized to transact
business in the State of T e x a s , , (hereinafter called "Surety"), as Surety, are held and
firmlyboundunto City of Lubbock, 1625 13th Street, Lubbock, Texas 79401
(hereinafter called "Obligee"), in the penal sum of One hundred and thirty seven thousand
five hundred and twenty eight
Dollars (a 137,528 ), good and lawful money of the United States of America, for the payment of which,
well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
SEALED with our seals and dated this 27th day of October
A. D. 1988
WHEREAS, the above bounden Principal has entered into a certain written contract with the above named
Obligee, dated the 17th day of November 19 88
Microvax 3600 System
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied -at
length herein for the purpose of explaining but not of varying or enlarging the obligation. r
Now, therefore, the condition of the above obliption is such, That if the above bounden Principol shall
well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract
set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in
said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and
damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this
obligation shall be void; otherwise, to be and remain in full force and effect.
PROVIDED, however, this bond is executed by the Surety, upon the express condition that no right of
action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the Obligee
named herein; and the obligation of the Surety is and shall be construed strictly as one of suretyship only.
DIGITAL UIPMENT„RPQ ,QIJ ,,,,,,,,,,,,,,,,,
.... .... ... ......... .. .....
Thomas C. Silo an, Assistant Secretary
INSURANCE CO ANY OF NORTH AMERICA
By:......................
.... ........
es-ssioa PTO. iN u.s.A. Attorney—In—Fact
No Text
. aaoaooa
This is to Certify to
That
NAME AND ADDRESS
OFINSURED
CERTIFICATE OF INSURANCE
CITY OF LUBBOCK - MUNICIPAL BLDG.
Gene Eads, C.P.M.
1625 13th Street
Lubbock, TX 79401
DIGITAL EQUIPMENT CORPORATION
100 NAGOG PARK (AKO1-3/E13)
ACTON, MASSACHUSETTS 01720
r -
Law, at— wum. m - Law„ W— W MM.." =—, . 06'"
is, at the date of this certificate, insured by the Company for the types of insurance in accordance with the limits of liability, exclusions, conditions
and other terms of the policies hereinafter described and in spite of any requirement, term or condition of any contract or other document with
respect to which this certificate may be issued. This certificate of insurance is not an insurance policy and does not amend, extend or alter the
coverage afforded by the policies listed below.
TYPE OF POLICY
POLICY NUMBER
EXPIRATION DATE
LIMITS OF LIABILITY
IA. WORKERS' COMPENSATION
WC1-611-004211-05
CONTINUOUS
STATUTORY COVERAGE FOR THE
a. Other States coverage
WC2-611-004211-06
UNTIL
STATES OF: AK, Al, AZ, AR, CA,
b. U.S. Longshoremens & Harbor Workers
WC2-611-004211-04
CANCELLED
CO, CT, DE, DC, FL, GA, HI, ID, IL,
c. Maritime
IN, IA, KS, KY, LA, MA, MD, MI, MN,
d. Defense Base Act
MS, MO, MT, NE, NH, NJ, NM,
e. Outer Continental Shelf
NY, NC, OK, OR, PA, RI, SC, SD, TN,
I. Voluntary Compensation
TX, UT, VT, VA, WI
g. Foreign Compensation
1B. EMPLOYER'S LIABILITY
WC1-611-004211-05
CONTINUOUS
$500,000 Bodily Injury
WC2-61 1-00421 1-06
UNTIL
ea. accident by Accident
WC2-611-004211-04
CANCELLED
$500,000 Bodily Injury
eo. employee by Disease
$500,000 Bodily Injury
policy limit by Disease
IN STATES WHERE STATUTORY
COVERAGE PROVIDED AND IN ND,
NV, OH, WA, WV, WY
ll. COMPREHENSIVE GENERAL
RGI -611-004211-09
CONTINUOUS
$2,000,000 Each Occurrence
LIABILITY incl. PERSONAL
UNTIL
Bodily Injury
INJURY & PROPERTY DAMAGE
CANCELLED
$2,000,000 Aggregate
for:
Bodily Injury
a. Premises - Operations
$2,000,000 Each Occurrence
b. Elevators & Hoists
Property Damage
c. Independent Contractor
$2,000,000 Aggregate
d. Contractual Liability
Property Damage
e. Completed Operations —
Products
I. Explosion, Underground, &
Collapse (XCU) coverage
Ill. AUTOMOBILE LIABILITY &
RG1-611-004211-09
CONTINUOUS
Bodily Injury/Property Damage
PHYSICAL DAMAGE incl:
UNTIL
Combined Single limit
a. owned vehicles
CANCELLED
$2,000,000 Per Occurrence
b. leased vehicles
c. hired vehicles
Actual Cash Value Physical
d. non -owned vehicles
Damage on Owned or leased Vehicles
IV. UMBRELLA LIABILITY
LEI -611-00421 1-08
CONTINUOUS
$1,000,000. Combined Single
UNTIL
Limit Excess of Primary
CANCELLED
NOTICE OF CANCELLATION:
Before the above stated expiration date Liberty Mutual will not cancel or reduce the insurance afforded under the above
numbered policies prior to sixty (60) days after notice of such concello on has been mailed to the above certificate holder.
Dated ........ 10%2618B .............................. at Weston, MA 02193
rijum, a ( J -
Signature Aufhori ed Representative
BS372 spec. (DEC) MEMO CORPORA E HEADQUARTERS
nK ,�t.vl Tn ann-�s�.
REQUEST FOR PROPOSALS
RFP S 9925
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 October, 1988, or as changed by the issuance of
format addenda to all planholders, to furnish all labor and materials and perform atl work for the
construction of the following described project:
MUNICIPAL SAFETY INFORMATION SYSTEM EXPANSION
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 supptier's attention is further directed to the provisions of Article 5L59a, Vernonls
Ann. Cfvft 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 alt 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, C.P.M.
Purchasing Manager
k
REQUEST FOR PROPOSAL
MUNICIPAL SAFETY INFORMATION SYSTEM EXPANSION
SUMMARY:
The City of Lubbock Municipal Safety Information System serves the
Police, Fire, Communications and Municipal Court departments on a
Digital Equipment Corporation Local Area Vax Cluster System. The
current system processors are a DEC 11/780 and DEC MicroVAX II and
peripherals connected by Ethernet, operating under the DEC VMS Operating
System. Application software is supplied by Command Data Systems and
Texas Logic, both of which run in the DEC environment.
The City of Lubbock solicits proposals on a DEC MicroVax 3600
Timesharing Processor and associated equipment as fully described below.
Any deviations from the specifications will be critically evaluated for
system compatibility.
SPECIFICATIONS: ALL ITEMS SHALL BE NEW
ITEM I
DEC MicroVax 3600 system including:
1. KA650-AA CPU board
2. 32 Mbytes ECC memory
3. H9644 40 inch high cabinet enclosure with BA213 chassis
4. TK70 296-mbyte cartridge tape drive and controller
5. KDA50 disk controller
6. RA82 622-mbyte disk storage drive
7. DELQA Ethernet interface
8. Diagnostics/Documentation
9. One-year DEC Service system warranty with Integrated
Hardware and Software Services
10. VMS unlimited user operating system and license delivered at
version 4.7A
11. Hardware installation at 916 Texas Avenue, Lubbock, Texas
OPTION I
1. RA82-CA: one RA82 622 mbyte disk storage drive mounted in an
H9642 (3HI) cabinet. Includes one 6C26V-12 cable.
OPTION II
1. Software startup services installation on site
EVALUATION CRITERIA
Evaluation of proposals submitted will be based upon the following
criteria:
PRICE: 80%
DELIVERY: 20%
NOTICE TO SUPPLIERS
RFP 09425
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 o.m. on the
14th day of October. 1988, to furnish equipment and software consisting of:
MUNICIPAL SAFETY INFORMATION SYSTEM EXPANSION
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 pubLicty.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 an the 27th day of October. 1988, at Municipal Building,
Lubbock, Texas, or as soon thereafter as my 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 Am. 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 amomt 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 shalt be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the proposal
submitted.
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:
' Gene rad ,
Purchasing Manager
1.1
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:
Municipal Safety Information System Expansion.
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.
S. 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
1.2
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.
T. 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).
a. 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_Sates, Excise and Use Tax Act.
The Contractor must obtain a limited sates, 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
alt times white the work is in progress under this contract. The successful supplier shall be
regjired 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.3
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
duty 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 duty 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 duty 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 shalt be executed in ink.
Each proposal shalt 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) Suppliers 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.
13. BOUND COPT OF CONTRACT DOCUMENTS
Supplier understands and agrees that the contract to be executed by supplier shalt be bound and
include the following:
(a) Notice to Suppliers.
(b) General Instructions to Suppliers.
(c) Suppiieres 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.4
TO:
NOTICE OF ACCEPTANCE
(Name of Supplier)
(Address of Supplier)
(City and State of Supplier)
The City of Lubbock, having considered the proposals submitted and opened on the day of
, 19—, for work to be done and materials to be furnished in and for:
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 day of
19—, 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 mitt 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 (SX) proposal security, submitted with your proposal, wilt 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 wilt be retained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative
1.24