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1985-0800923L NO 84 YO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, and WHEREAS, Section 2 36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000, and WHEREAS, Section 2 09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items BID NUMBER ITEM NO VENDOR AMOUNT 9324 All Stokes Div Pennwalt Corp 4,566 00 9367 All Dave Krause Dodge 32,781 18 9386 2 HiWay Machinery 9,345 00 9424 All Neptune Water Meter 5,500 00 9427 All Datamatic, Inc 57,400 00 9433 All Participation-Ridgeway Plaza 32,398 00 9436 1 Conley, Lott Nichols, Inc 52,211 00 9440 All Vaughn & Associates of Dallas 3,068 00 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a PAGE ONE formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this 16th day of April, 1985 ATTEST CHAKLUTTE ALLEN, CITY SEUK CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY ZjAa" Adaw/, d1~h7 0 PAGE TWO DATE April 16, 1985 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM G Chris Hartung, City Manager SUBJECT BID #9324 VACUUM PUMP RECOMMENDATION We recommend the bid award to North Texas Industrial Supply on September 4, 1984, be withdrawn, and this bid be re-awarded to the next lowest bidder, Stokes Div Pennwalt Corp , in the amount of $4,566 00 SUMMARY The pump offered by North Texas Industrial Supply failed to meet the requirements of the bid The pump has been returned for full credit Stokes/Pennwalt has agreed to honor their original bid, and they do meet all specification requirements BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENT$ OR GROUPS AFFECTED Electric Metering and Sub Stations FISCAL IMPACT Funds for this purchase have been encumbered against the 1983-84 budget in the amount of $3,807 00 The balance will come from the 1984-85 budget account #610-008-0253-9217 Respectfully submitted G Chris Hartung City Manager Prepared Name Tom D Shaw, C P M Title Assistant Purchasing Agent Approved oln J Marshall, C 11-M tle Purchasing Agent ~ a o w ~ ~ ~C "L' CJ H H C" Cs1 < ~ ~ d M f>4 ~ H H T H < Y W w ro ~ ~ ~ C N .P O ro m m ~ 3 cn c . H N Gn W t0 Gy H H m N 00 " "S ty °z N N C z S H ro ~ ~rod~ o z x o ro a Its' --qtzz~ -3 ~ d ~C 5 o c (1~x~z ~ O ' ~ can ~ ~ z roq~ a~ z 'fix a G 41 S M PuC '-fASi rG D y a ~ 8 < z d 0 z C z a 0 z DATE April 16, 1985 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM G Chris Hartung, City Manager SUBJECT BID #9367 PICKUPS AND VANS RECOMMENDATION We recommend this addition to the bid be awarded to Dave Krause Dodge for A 3 Units of Item 2 @ $7,989 01 each = $23,967 03 B 1 Unit of Item 6 @ $8,814 15 each = $ 8,814 15 Total $32,781 18 SUMMARY This award is for the addition of four new vehicles Three are for the Engineering/Inspection/Survey Department and one for the Machine Shop The Street Bond program and a reorganization of the Machine Shop fleet has created the need for these vehicles BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Machine Shop Engineering FISCAL IMPACT Motor Pool Funds for three vehicles will be from 1984-85 Budget Funds The Machine Shop unit will be acquired as a Motor Pool replacement Respectfully submitted G Chris Hartung City Manager Prepared by Z \ Z~ - Name om aw, Title Assistant Purchasing Agent Approved N oh J Marshall, C P M le Purchasing Agent N V (A <T A W N W W n H 't H b d H 3S K1 IN Q fu cu CT P ff A A c H N ' W < f'7 f7 n e c c ) rn N 1 S S S v 7C V a w a i c ~ ~ r \ ~ N ~ + \ z A fn 0 N N N A A n N )0 G m A rH N n o z s m Z v z N 7 W W 3 C C $ r- OD co v W t0 O co C O 'rd M A N co to 00 V O 7C O 0 0~: 6 1 t0 V Ot 2 00 F+ N V V1 to M+ t0 tp N C m 0 C m o tc ao A 00 to t0 tc Z m m ~ o ~ 0) (M i v o t n ii t 70 N Ot p.1 p.~ tp t0 00 A S C7 O O O w O N C m z ° O ° z 03 s t n t O a' o~ W 0% o ~ v a g r m r N Ot ~ m A r A W O t0 to O t0 co m c w T C ' I O O OD W 00 Cn N [ x7 . 0 m r t0 t0 W VI N N OD Z o m r o rn o-. to w CP (7) CO g z Cl S o o a ° g m z a 0 z C M S DATE April 16, 1985 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM G Chris Hartung, City Manager SUBJECT BID #9386 VIBRATORY ROLLER RECOMMENDATION We recommend the award for Item 2 on January 9, 1985, to Cooper Machinery be withdrawn, and this item be awarded to the next lowest bidder, HiWay Machinery, in the amount of $9,345 00 SUMMARY Cooper Machinery was awarded this bid based on price and delivery Their delivery schedule has been exceeded (3/1/85) Their new date is July 1, 1985 The Street Department needs a roller as soon as possible HiWay Machinery will honor their bid of 1/8/85 and has a unit in stock BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Street Department Motor Pool FISCAL IMPACT This unit is being funded thru a lease/purchase agreemtn and 1984-85 budget funds Respectfully submitted G Chris Hartung City Manager Pre ared by Name om haw, C P M Title Assistant Purchasing Agent Approved a of Marshall, C P M tle Purchasing Agent r N f+ 7 n ~ b C r iY C+1 33 OD O O v 10 f O 07 r r M O < ro m H 1 c = ~ C N T ~ N O ~ dD N N y ~ W M ~ Cf f9 co IV co co N (J7 O D 00 M O O ~ OD N N 3 ° p i m m m to a m co T T 1 . + CC cl O.~ G i v N le O O S !'f y 7 p up 0 O ? W p O Z O t i 1 F tJ CA IQ 011 A 0 5 O + M = l d O N C O V o g m r Z~ a ~ w W ~ A o & o < 4b C7 a o cn m to 10 0 0 to e Cl q d o cc av ' N m 1'+ N N 7 to OD Z a #A I a co 0 8 n O W z 2 a O tt O A p ~ + ~ <J1 O Z < m o a o < C+ N ~ r 1 ~ z ~ n i 93 i v ao o g H a 70 o u O N cm G C 8 717 DATE April 16, 1985 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM G Chris Hartung, City Manager SUBJECT BID #9424 8" WATER METER RECOMMENDATION We recommend this bid be awarded to Neptune Water Meter Co in the amount of $5,500 00 each for one meter at this time and for future requirements through 10/1/85 SUMMARY This bid was approved for one unit 3/20/85 We are now purchasing a second unit for immediate delivery and requesting permission to make this bid a 6 month award BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Water & Sewer Department FISCAL IMPACT 1984-85 Budget Funds Account Number 620-008-0461-9117 Respectfully submitted G Chris Hartung City Manager Pre ared by Name Tom Shaw, C P M Title Assistant Purchasing AGent Approved a e o n J Marshall, C P M tle Purchasing Agent C] C+1 d yy M rC 2 H O v. PY O m Q e m ~ N H H ~ ~ O N 3 m O O 2 0 C 2 rm rn ~y N Na O r r N tt~ to O m O C C N t+ O LT1 'F N O N T o w m ~n O n a oa r m ul to oam er O O t+1 O N 7 ~ O G7 M t N O C 1 ',O N z m a W C m 0 m ~u CM cn m m a o z o Aa v~ CD S m m cn rn H m :1 co C N O o v t" l a _ W c r~ z C ) -C a CD o g m N DATE April 16,1 985 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM G Chris Hartung, City Manager SUBJECT BID #9427 HAND HELD ELECTRONIC METER READING RECOMMENDATION We recommend this bid be awarded to the low bidder, Datamatic, Inc , for the total amount of $57,400 00 This includes some hardware that we may purchase from another vendor that is more compatible and dependable, but will not cost more than the amount approved in this bid SU144ARY This project is to speed up and more accurately record the usage of all water and electricity in the City This will be coupled with our main line computer to directly input the information for record and billing purposes BACKGROUND Tabulation Sheet Momo from John McGrane PROGRAMS DEPARTMENTS OR GROUPS AFFECTED This is to record the readings directly to the computer through the software program which would speed the process with more FISCAL IMPACT accuracy Budget Funds Respectfully submitted G Chris Hartung City Manager Prepared by C ~ Na Marshall, C P M e Purchasing Agent Approved N ofn J Marshall, C P M le Purchasing Agent 1-+ q (3"1 d H ~ v -n Q ' a f H W m H z z n s a z x o m o a r ~ a v 3 N m -i r x m ti ~ N 0 CD 7 fD " z C') m -i m z i o CD CD g O e+ a o V x 3 ~ ~ N 0 0 - rn v rn nor C) r C M : 1 a M o 1 + c m ` a o ~ 0 N N (D V n ° 4 a C+ a M 0) O ~ N CD . . CD C') - W -I ` ° $ . A o z ~ 0 o - 0 - ~o Cn z z o V C7 -4 m ° rn c r a d N cn 0 O CD CD z c M L d O i CITY& DENTON, TEXAS MUNICIPAL BUILDING / DENTON TEXAS 76201 / TELEPHONE (817) 566 8200 M E M O R A N D U M ® a a.. a m m. m DATE April 10, 1985 TO John Marshall, Purchasing Agent FROM John F McGrane, Director of Finance SUBJECT HAND HELD METER READING DEVICES After consultation with Gary Collins, Charles Cryan John Coppage and Ray Wells, it was decided to award the bid for the hand held meter reading devices to Datamatic, Inc They were the low bid and had experience with TRES Customer Service Systems which is currently the system utilized by the City of Denton In addition, they are a local firm which should allow for faster maintenance and repair response time Also, Datamatic has installed its system at several local sites and in total has approximately 2,700 hand held devices in use If you have further questions, please adivse John c rane JFMcG ab PURCHASE AGREEMENT ~e This Purch se Agreement (hereinafter "Agreement") is made on this day of aldlo 1985, by and between DATAMATIC, INC., a Texas cor ation, located at 2121 North Glenville Drive, Richardson, Texas 75081 (hereinafter referred to as "DI"), and the City of Denton a Texas corporation, doing business at 901-B Texas Street, Denton, Texas 76201 (hereinafter referred to as "Purchaser" and/or "Licensee"). RECITALS A. WHEREAS DI sells computer hardware and licenses proprietary computer software as a system, hereinafter referred to as "System"; and B. WHEREAS Purchaser desires to acquire the System from DI; IN CONSIDERATION of the payment of the deposit, the terms and conditions of this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE 1 - GENERAL TERMS 1. ASSIGNMENT The rights and duties of the respective parties may be assigned only with the prior written consent of the non-assigning party. 2. PROPRIETARY INFORMATION A. Definitions. As used herein, the term "Proprietary Information" shall mean and include DI's software, software specifications, and software routines (including without limitation the display routines, the routines permitting alteration in direction and sequence, and interface routines permitting the communication of data over telephone lines), DI's keyboard layout, and the prompting sequences embodied in DI's software. This definition shall extend to Proprietary Information in whatever form such Proprietary Information may be embodied, including but not limited to source code, object code, System documentation, System specifications, flow charts and diagrams, photographic represen- tations, and variations made to DI Software at the request of Purchaser and special adaptations whether designed by Purchaser or DI, or as the result of the joint effort of DI and Purchaser. Proprietary Information shall also mean and include any and all financial information and financial statements submitted to Purchaser. The term "Proprietary Information" shall not extend to any information, or any embodiment of information, which has become general public knowledge or is generally known in the trade. B. Protection of Proprietary Information. The parties hereto agree that all Proprietary Information disclosed by DI to Purchaser in connection with this Agreement constitutes the trade secrets and/or confidential information of DI, and shall be held in trust and confidence by Purchaser. Purchaser agrees to take reasonable steps to ensure the secrecy of the Proprietary Information of DI; such reasonable steps shall include, but are not limited to, the adoption of reasonable security procedures, and notification in writing prepared by DI as set forth in Exhibit A to persons having access to the Proprietary Information that the Proprietary Information embodies the trade secrets and confidential information of DI, and is not to be used or disclosed without proper authorization from DI. 3. TRADE NAMES Purchaser acknowledges that DATASWITCH and ROADRUNNER are pro- prietary trade names of DI. 4. WAIVER No waiver by either party of any provision of this Agreement shall be effective unless in writing, and such waiver shall not imply a subsequent waiver of that or any other provision. 5. NOTICE Any notices or demands required to be given herein shall be given to the parties in writing, and by certified mail at the addresses hereinafter set forth, or to such other addresses as the parties may hereinafter substitute by written notice given in the manner prescribed in this Section. Notices shall be effective upon receipt unless specifically provided otherwise herein. A. NOTICE TO DI: Mr. Kenneth Kercher, President DATAMATIC, INC. 2121 North Glenville, Drive Richardson, Texas 75081 B. NOTICE TO CUSTOMER: Mr. Charles Cryan CITY OF DENTON 901-B Texas Street Denton, Texas 76201 2 6. ENTIRE AGREEMENT It is agreed that this Agreement embodies the entire agreement of the parties in relation to the subject matter hereunder, and that there is no other oral or written agreement or understanding between the parties at the time of execution pertaining to the subject matter of this Agreement. This Agreement shall not be modified except by the written agreement of all parties hereto. 7. GOVERNING LAW The parties hereto agree that this Agreement is accepted, entered into and enforceable in Dallas County and Denton County, Texas. This Agreement shall be governed by the laws of the State of Texas. To the extent that there is to be a delivery or performance of services in connection with the sale of goods under this Agreement, such services will be deemed "goods" within the definition of the Uniform Commercial Code. 8. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 9. BINDING EFFECT This Agreement shall inure to the benefit of and bind the parties hereto, their successors and assigns. 10. AUTHORITY Each signatory to this Agreement hereby warrants and represents that he has been and is on the date of this Agreement duly authorized to execute this Agreement by all necessary and appropriate corporate action. 11. SECTION HEADINGS All section headings contained herein are for convenience or reference only and are not intended to define or limit the scope of any provision of this Agreement. 12. FORCE MAJEURE Neither party hereto shall be in default by reason of any failure of its performance under this Agreement if such failure results, whether directly or indirectly, from fire, explosion, strike, freight embargo, act of God, act of the public enemy, war, civil disturbance, act of government, de jure or de facto, or any agency or official thereof, labor shortage, transportation 3 contingencies, unusually severe weather, default of manufacturer or a supplier as subcontractor, quarantine, restriction, epidemic, or catastrophe, lack of timely instructions or essential information from the other party. The occurrence of any event enumerated herein shall extend performance required under this Agreement by the amount of delay occasioned by such occurrence. 13. LIAISON BETWEEN DI AND PURCHASER DI hereby designates Mrs. Darlene Allen as Liaison, and Purchaser hereby designates Mr. Charles Cryan as Liaison, who shall have the duty of acting as contact personnel for DI and Purchaser respectively. Purchaser agrees that its Liaison shall have the authority to bind Purchaser in all matters pertaining to this Agreement. 14. EXHIBITS All exhibits described in this Agreement are attached hereto and incorporated herein by reference for all purposes. 15. MISSPELLINGS Misspelling of one or more words in this Agreement shall not vitiate this Agreement. Such misspelled words shall be read so as to have the meaning apparently intended by the parties. 16. LIMITATION ON ACTIONS Neither party may assert any cause of action against the other arising out of this Agreement which accrued more than one year prior to the filing of the suit alleging such cause of action. 17. ATTORNEYS' FEES In the event either party hereto is required to employ an attorney to enforce the provisions of this Agreement or any part hereof, or is required to commence legal proceedings to enforce the provisions hereof, the prevailing party shall be entitled to recover from the other reasonable attorneys' fees and court costs incurred in connection with such enforcement, including but not limited to collection agency fees and attorneys' litigation fees. 18. INFRINGEMENT DI will defend, at its own expense, any action brought against Purchaser to the extent that such action is based on a claim that the System, including the Hardware as described in Article 3, Paragraph 1 and the software as described in Article 4, Paragraph 1, or any part thereof, infringes any patent or copyright, or constitutes misappropriation or unauthorized use of any person's trade secret. DI shall indemnify and hold Purchaser harmless from all damages, costs, and expenses arising from such claims, provided that Purchaser notifies DI in writing within 10 days 4 from the date such claim is asserted. DI shall have the sole right to control the defense, negotiations, settlement and compromise of any such action. If the System and/or Software becomes, or in DI's opinion is likely to become, the subject of such a claim, DI may, at its option, either (1) obtain for Purchaser the right to continue using such System and/or Software; (2) replace such System and/or Software with a non- infringing System and/or Software; or (3) modify such System and/or Software to make it non-infringing, so long as such replacement or modification is functionally equivalent in capability and performance to the then-existing System and/or Software. If DI or Purchaser learns or should have reasonably learned that such an action has been filed or threatened against DI or Purchaser, DI or Purchaser, as the case may be, shall notify the other party promptly in writing. DI shall not be liable for, and Purchaser shall indemnify DI against, damages arising from use of the System and/or Software by Purchaser more than 10 days after Purchaser has learned or been notified of such a filed or threatened action. In no event shall DI be liable for special, consequential or punitive damages arising from such a filed or threatened action, except upon Purchaser's timely claim for indemnity in an action against it by a 3rd party as above provided. The foregoing states the entire liability of DI to Purchaser with respect to infringement of any patent or copyright, or any misappropriation or unauthorized use of another person's trade secret. DI shall not be liable to Purchaser and the abovementioned limited indemnity shall be void, if any claim of patent or copyright infringement, or claim of misappropriation or unauthorized use of another person's trade secret, is based upon the use of the System and/or Software, or any part of either, in connection with equipment or software not delivered or licensed by DI, or in a manner for which the System and/or Software, or any part of either, has been modified by or for Purchaser. Purchaser agrees to indemnify DI for damages, costs, and expenses arising from a claim of patent or copyright infringement or misappropriation of trade secrets, which claim results, in whole or in part, from incorporation of Purchaser's designs, hardware, software, or specifications into the System. 19. TAXES, SHIPPING AND INSURANCE Purchaser shall pay all taxes, shipping charges, and insurance premiums arising out of this Agreement, except for taxes levied upon the net income of DI. DI agrees to prepay shipping charges, and to bill Purchaser for the amount thereof. Purchaser agrees that no common carrier whose services are retained by DI shall be deemed the agent of DI. 20. DELIVERY All deliveries by DI pursuant to this Agreement shall be f.o.b. Denton, Texas. 5 21. RISK OF LOSS Risk of loss as to the System or any part thereof shall pass to Purchaser upon delivery as defined in the preceding Paragraph. Damage to the system in transit and in the possession of purchaser shall be the responsibility of the purchaser. 22. COVENANT NOT TO COMPETE Purchaser agrees that for the term of this Agreement and for two years following its termination, Purchaser shall not compete with DI in the business of providing to others systems which function in a similar manner and/or provide software similar to the hereinafter described software. ARTICLE 2 - PAYMENT 1. Purchaser shall pay DI for the development, provision, and installation of the System, and for training thereon, the sum of $ 47,400.00, exclusive of taxes, shipping charges and shipping insurance charges. Payment shall be made as follows: (a) $ 15,800.00 shall be paid to DI as a deposit contemporaneous with execution of this Agreement. (b) $ 15,800.00 shall be paid to DI upon delivery of the Equipment identified in Exhibit B at Purchaser's premises. (c) $ 15,800.00 shall be paid upon acceptance of the System by Purchaser pursuant to Article 5, Paragraph 2. ARTICLE 3 - HARDWARE 1. PURCHASE The System shall include the hardware and equipment identified in Exhibit B, attached hereto and hereby incorporated by reference, hereinafter referred to as "Hardware". 2. TITLE Title to said Hardware shall transfer to Purchaser upon payment to DI of the total sum set forth in Article 2, Paragraph 1. 3. INSTALLATION AND SITE PREPARATION DI shall inform Purchaser in writing of the Hardware site requirements at least sixty days prior to the scheduled delivery date, and Purchaser agrees to prepare the installation site in accordance with such site requirements at least thirty days prior to the scheduled installation date. 6 4. SECURITY INTEREST DI shall retain a security interest in all Hardware for as long as there are any outstanding amounts owed by Purchaser to DI. Purchaser agrees to execute such reasonable documents as may be necessary to perfect DI's security interest prior to delivery of the Hardware. 5. ADDITIONAL PURCHASES Purchaser agrees to purchase from DI exclusively any additional ROADRUNNERS needed in connection with the System as defined in this Agreement. DI agrees to charge its then standard rate for such additional ROADRUNNERs. ARTICLE 4 - SOFTWARE 1. DEVELOPMENT ytuo The System shall include software to meet the -Teeh-n4road- si .l Specifications as set forth in Exhibit C, attached hereto, and hereby incorporated by reference, " el-rte-f-t,er-pe€ - - s u&&f-b ,&t-eJ1, The parties sha wi In 15 days establish the of eaecut n Technical Specifications as , in Exhibit C. The this Agreemeni Technical Specifications shal incorporated into this contract for all purposes as Exhibit Cland shall be hereinafter referred to as DI Software. 2. MODIFICATION Prior to Purchaser's acceptance of the completed System as set forth in Article 5, Paragraph 2, the Software may be modified if the modification is consented to by both parties in writing. After Purchaser's acceptance of the completed System, Purchaser may request DI to modify the Software; if DI consents to such modification, Purchaser shall pay DI for such modifications on a time and materials basis at DI's then standard rate. 3. DI SOFTWARE LICENSE GRANT DI hereby grants to Licensee a non-transferable and non- exclusive license for the use and possession of the DI Software. Said license is granted under the terms and conditions set forth herein. (a) Licensee agrees that DI retains all ownership rights to the DI software, and that Licensee acquires no title to the DI Software, nor any other interest in the DI Software, other than the right to use and possess the DI Software in accordance with the terms and conditions of this Agreement. All rights not explicitly granted to Licensee are retained by DI. Licensee also agrees not 7 to make any copies or reproductions of the DI Software other than one copy to be used by Licensee as a back-up for emergency situations. (b) The DI Software may be used only in connection with the ROADRUNNER units purchased from DI under this Agreement or in the future. Licensee may purchase additional ROADRUNNER units from DI, and may use the DI Software with such units. (c) For the purpose of inspection to determine Licensee's compliance with the terms and conditions of this Agreement, Licensee hereby grants DI the right, during regular business hours, and in compliance with established security procedures to enter Licensee's premises where the DI Software is located. (d) Licensee shall not use the DI Software in service bureau and/or timesharing operations. Licensee shall only use the DI Software to perform Licensee's work; and Licensee shall not permit anyone but Licensee's employees to use the DI Software. (e) Licensee agrees that it shall not attempt to or actually sell, give, lend, lease, convey, transfer, license, sublease, provide, or in any other manner transfer any of its rights in the DI Software, whether or not modified. (f) The parties agree that DI's performance under this Agreement shall not be deemed as creating any works made for hire as that term is used in the copyright laws, Title 17, United States Code. It is agreed that DI shall retain all copyright interests in the DI Software, whether it be published or unpublished. 4. DI agrees to transfer to Licensee a non-exclusive license for the operating system software necessary to operate the System. ARTICLE 5 - SYSTEM ACCEPTANCE AND TRAINING 1. TRAINING AND DOCUMENTATION DI shall provide training and documentation necessary to the operation of the System. DI shall provide three consecutive days of such training at a mutually agreeable time at no charge to Purchaser. DI shall charge Purchaser for any additional training at its then standard hourly rates, plus expenses. DI shall lend four copies of operational documentation for the System at no charge to Purchaser. Purchaser at its expense may reproduce five additional copies which shall remain the property of DI. 8 2. SYSTEM ACCEPTANCE (1) DI shall inform Purchaser in writing when the System is operational on the form attached as Exhibit D. The parties agree that the exclusive criterion for acceptance will be compliance with the Technical Specifications. (2) Upon Purchaser's receipt of said written notice, Purchaser shall take reasonable measures to evaluate the completed System. Reasonable measures include, but are not limited to, Purchaser providing personnel, computer facilities and test data. (3) Purchaser shall have ten days within which to evaluate the System. If Purchaser does not indicate its non-acceptance of the System to DI in writing, within ten days of DI's notice that the System is operational, on the form attached as Exhibit F, the System shall be deemed accepted by Purchaser. DI shall have thirty days following such notice within which to meet the failed Technical Specifications identified by Purchaser. When the System conforms with the Technical Specifications, DI shall inform Purchaser in writing that the System is operational. Purchaser shall then have ten days within which to evaluate the System. If after such period the System still fails to meet said Technical Specifications identified by the Purchaser, then DI or Purchaser may terminate this Agreement after giving the other party notice of termination. (4) If the System fails to meet the Technical Specifications set forth in Exhibit C and this Agreement is terminated therefore under subparagraph 3 above, it is agreed that all sums paid to DI under this Agreement shall be returned to Purchaser contemporaneous with the return by Purchaser of all Hardware and Software and Software documentation provided to Purchaser by DI pursuant to this Agreement, and no further obligations or duties shall then exist as between the parties hereto. ARTICLE 6 - WARRANTIES 1. DI warrants that the System as installed and delivered to Purchaser shall conform to the specifications set forth in Exhibit C. The exclusive remedy for breach of this warranty shall be repair or replacement as to non-conforming hardware, at DI's option; and the provision of conforming software, as to non-conforming software. 2. DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES Purchaser understands and agrees as follows: (a) THE EXPRESS WARRANTIES AS SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED BY DI. 9 (b) DI SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING HARDWARE, PRODUCTS, SERVICES, SOFTWARE OR ANY OTHER PERFORMANCE UNDER OR PURSUANT TO THIS AGREEMENT PRIOR TO SYSTEM ACCEPTANCE AS DEFINED IN ARTICLE 5, PARAGRAPH 2. (e) THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY AND ALL WARRANTIES AND THE SOLE REMEDIES FOR DI'S LIABILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) WITH RESPECT TO THE SYSTEM, HARDWARE, PRODUCTS, SERVICES AND SOFTWARE COVERED BY THIS AGREEMENT AND ALL PERFORMANCE BY DI UNDER OR PURSUANT TO THIS AGREEMENT, WILL BE LIMITED TO THE REMEDIES SET FORTH IN THIS ARTICLE EXCEPT AS PROVIDED IN ARTICLE 1, PARAGRAPH 18 (INFRINGEMENT), UNLESS SUCH REMEDIES SHALL ENTIRELY FAIL IN THEIR ESSENTIAL PURPOSE, IN WHICH CASE DI'S CUMULATIVE LIABILITY TO PURCHASER HEREUNDER FOR DAMAGES TO PURCHASER (WHETHER SUCH LIABILITY OR SUCH DAMAGES ARE BASED ON BREACH OF CONTRACT, WILLFUL MISCONDUCT, NEGLIGENCE (ACTIVE, PASSIVE OR ANY OTHER KIND), CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL BASIS, AND WHETHER SUCH DAMAGES ARE SUFFERED BY PURCHASER DIRECTLY OR RESULT FROM ITS VICARIOUS LIABILITY TO SOME OTHER PERSON) ARISING FROM ANY DEFECT IN THE SYSTEM, HARDWARE, PRODUCTS, SERVICES, SOFTWARE OR DI'S PERFORMANCE SHALL BE LIMITED TO THE INSURANCE PROVIDED, SET FORTH IN THE INSURANCE CERTIFICATE (ATTACHED AS EXHIBIT E). AS EVIDENCE THEREOF, DI SHALL ANNUALLY SUBMIT CURRENT INSURANCE CERTIFICATES ON THE ANNIVERSARY DATE OF THIS AGREEMENT. IN DETERMINING WHETHER DI'S MAXIMUM LIABILITY TO PURCHASER HEREUNDER HAS BEEN REACHED, THERE SHALL BE TAKEN INTO ACCOUNT ALL AMOUNTS PREVIOUSLY PAID ON ACCOUNT OF SUCH DAMAGES BY DI TO PURCHASER AND TO ANY OTHER PERSON ARISING OUT OF THE USE OF THE SYSTEM OR OUT OF DI'S PERFORMANCE UNDER THIS AGREEMENT. (d) IN NO EVENT SHALL DI'S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF DI SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. ARTICLE 7 - TERMINATION 1. This Agreement may be terminated in accordance with those provisions contained in Article 5 regarding termination. 2. Prior to Purchaser's payment of all amounts specified in Article 2, Paragraph 1, either party may terminate its performance in the event of either party's bankruptcy, receivership, insolvency and/or assignment for the benefit of creditors. 3. In the event Purchaser fails to perform in accordance with the terms and conditions of this Agreement and DI notifies Purchaser in writing of the details of said failure of performance, then DI may, at its option, terminate this Agreement if Purchaser fails to cure said deficiencies in performance within thirty days of its receipt of said notice. 10 4. Licensee may terminate its license of the DI Software upon sixty days written notice to DI. 5. In the event either party terminates this Agreement or the attached Maintenance Agreement or any part thereof or the license of DI Software, all licenses granted under this Agreement shall be terminated, and Purchaser shall, within fifteen days following such termination, return to DI the DI Software in whatever form retained, and all copies of DI Software documentation. Purchaser shall certify in writing to DI that Purchaser has so returned the DI Software and DI Software documentation to DI. DATAMATIC, INC. CITY OF DENTON BY: DANNY SHIRLEY BY: RICHARD 0. STEWART TITLE: VICE PRESIDENT IGNATURE TITLE: MAYOR 1 GNATU ATTEST: ~~C'C ~A CHARLOTTECALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 2~h lC &Q402~ DEBRA ADAMI DRAYOVITCH, CI ATTORNEY CITY OF DENTON, TEXAS 11 EXHIBIT A DATAMATIC, INC. NON-DISCLOSURE AGREEMENT Having access to the Datamatic Electronic Meter Reading System, you are hereby notified that certain aspects of the System are proprietary and confidential to Datamatic and can not be disclosed to persons not having access to the System. The term "Proprietary Information" shall mean and include Datamatic's software, software specifications, software routines (including the display routines, the routines permitting alteration in direction and sequence, and interface routines permitting the communication of data over telephone lines), the keyboard layout, and the prompting sequences. Datamatic Proprietary Information and Trade Secrets may be embodied in, but not limited to source code, object code, System documentation, System specifications, flow charts and diagrams, and photographic representations. Thank you for your cooperation in this matter. 12 EXHIBIT B HARDWARE SPECIFICATIONS QUANTITY DESCRIPTION 9 ROADRUNNER Hand-Held Terminals with software, environmental case, and carrying straps. Standard Turnkey System Software, Installation, and Training. 13 ~LBD XHIBIT C SPE CIFICATIONS Specifications for hand held electronic meter reading system. A. General Requirements Datamatlc shall provide a complete manual of the detailed technical specifications of the system kandofflnK normally included with such systems. xxain~.xarnJxfm(heaxllnBA#keoxhrhAbx[A~r1c>~$QYx~c~ec~ Installation of hand held meter reading system shall be completed within ninety (90) days of date of Specification Agreement. N.VXIQYJc*. Datamatlc shall submit Installation time frame. tie DI Software. 3. Datamatlc shall Gomm - kxpc provide such revisions, updates and improvements in the Software as DI generally makes available to Licensees of 4. Datamatic shall provide a complete turn-key hand held meter reading system with an absolute minimum of City of Denton programming time. 5. Datamatlc shall describe how a route book can be shared and/or transferred between devices either in part or whole. 6. System shall be compatible with the City of Denton's communication environment which is standard IBM DOS/VSE with standard CICCS using BTAM. xodxdesx kai7m- System Functions e ist A ystem shall be compatible with City of Dento ata communications network and mainframe computer.ladvkNkAgg regquired data to mainframe computer on the same day the meter Is read. *11 System shall be capable of transfercrinnggro ~mtxf~tpc~~df System sha l l prov i dexasx flVHhtMmxXhhWXfodslo3cm a Yla( ` & management reports such as: B reads (left to right or right to left) b. Report of forced reads and total number of reads by meter reader. c. Report of high reads. d. Report of time each read is taken and average time per read. e. Report of zero consumption f. Report of skips on route. g. Report on advancing reads on vacant accounts. h. Report of meter conditions (e.g., broken glass). I. Report of Incorrect meter numbers (e.g., changed meters). J. Specify additional management report capabilities/limitations. Such reports shall be available within 12 hours of data Input. capability for Dataswitch to hold more than one day of route information in System shall have endd~ctd>gt Qa$fatne~of power outage at the mainframe computer system.case information and transmittg~next day route two ~J kU per od 5,. n System shall be capable of co a in all meter readingskrom terminals within a~ two l The system shall be capable of processing meter reading information from a inimum of 14 terminals. System shall have backup capability for data lyst tr nsmisslon to main-frame computer, or from terminal to system. jp[~l/'~' et een the terminals and the PC. 8. System shall have a protection system for data lost due to power spikes and burn outs a. Reports how readers BID 3eckKjcmt Spec if l cat ions Page 2 IS^~l~dJ~ $7c.X&atrams:fcscxkae~cspnc~f>~c~mM.x~i+'~ •.._.w,...~.,~~~~p~.~4iMnf4amac~4~nrs#a~~d,mo,rad„tsYaYwar!a.,Q4y,hos 10. System shall have capability to resequence meter records. C. Terminal Functions 1. Terminal shall be capable of accepting meter readings entered right to left or left to right. 2. Terminal shall be able to Insert an account into Its proper sequence when Instructed by meter reader. 3. Terminal shall be able to access an account by service address, customer name, meter number or account number. 4. Terminal shall be able to read In any sequence as designated by meter reader (e.g., from first to last; middle to last and first to middle; last to first; middle to first then last to middle). 5. Terminal shall be able to provide search function for locating skipped accounts, blank readings, meter readings, etc. 6. Terminal shall be able to perform high/low comparisons within one (1) second after read is entered and allow for entering meter number before re-read occurs. 7. Terminal shall be able to accept special codes for meter conditions (e.g., stuck, broken glass, etc). 8. Terminal shall be able to accept more than one meter at one address (e.g., apartments). 9. Terminal shall be able to record read time when meter reading Is entered and when system Is activated. 10. Terminal shall require name and number before data entry Is activated. II. Terminal shall be able to notify meter reader of hazards or special conditions at the address, (e.g., bad dog, notify guard, locked gate, etc). 12. Terminal shall be able to display necessary account information, such as meter number, account number, service address, meter size, locations and hazards. 13. Terminal shall allow meter reader to update or change meter locations, hazards, and to enter certain codes whenever meter tampering or Illegal connections are suspected. 14. Terminal shall be capable of being operated in relatively dark areas, (e.g., large water main holes). D. Environmental I. DatanatIc shall provide effective means of protecting terminal from loss of data or deteriorations of equipment due to environmental conditions, (e.g., rain, snow, dust, mud, water, etc). 2. Datamatic shall specify room temperature and other environmental requirements for the system. E. Physical Characteristics 1. The overall weight of the terminal, Including its batteries, should be no more than 25 ounces. 2. Terminal shall have keys of a minimum of I/2" by 1/211. 3. Terminal shall have liquid crystal display (LCD). Display must be easily readable at normal viewing distance in bright sunlight. Display sides should be suffic le ly large (at least 20 characters) so as not to unduly slow the meter reader. ',(J)m~' n erical 4. Terminal shall have a fully alpha numerical display an nput. 5. Terminal shall be easy to carry and must be capable of being secured to the meter reader by at least two (2) methods, (e.g., on the hand by elastic strap, and on the body by a belt loop, etc). 6. Datamatic shall submit physical layout for systems location. 1'S Bid j@gjRjavA Specifications Page 3 F Q4 Power L)14n I. Terminal shall be compatible with n-rechargeable x3d battery provide p ont inuous full operation for at least ten hours. a/I i icate ppoo 2. Terminal s all mixin a low power condition at least one hour before l A /provided to assure data is not lost if primary power source Is inoperative. 41 Terminal data shall be protected from static electricity. 5. Terminal shall allow for the replacement of batteries in the field without loss of data. 7 Trainina power shall be 1. atic shall provide detailed training on use of terminals for City employees. 2. Datamatic II provide detailed training on interface (mimi-computer) with mainf computer for City employees. 3. Datamatic shall provide a lied program training on Interface ( rocomputer) with main-frame computer for City employees. iW1 Maintenance 1. Local maintenance shall be provided for to nals and tem. 2. Maintenance response time shall be ss than two hours during lar business hours (8:00 A.M. to 5:00 P.M.) 3. Maintenance on terminal- D atic shall provide a terminal In fully op le service condition in replacement of a terminal In n of repair and shall provide a terminal case or waterproof r In serviceable condition as a replac nt for terminal case or waterproof cover in need of repair. 4. Mal ance on system shall be completed on same day as day requested. Datamatic shall provide separate software maintenance provisions. Battery system must EXHIBIT D READY FOR USE FORM This is to notify that the Electronic Meter Reading System is installed and conforms to specifications outlined in Exhibit C. Liaison for Datamatic Date 15 CXOrd. NAME AND ADDRESS OF AGENCY Standard Mortgage Insurance Agency 400 Plaza, One Shell Square New Orleans, La. 70139 NAME AND ADDRESS OF INSURED Datamatic, Inc. P.O. Box 850461 Richardson, Tx. 750810461 COMPANIES AFFORDING COVERAGES LETTERRY /United States Fidelity & Guaranty Co. COMPANY LETTER nited States Fire Insurance Co. COMPANY ■ LETTER V COMPANY D LETTER COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Limits of Liabili in Thousan s COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY E 5 ' A ~ COMPREHENSIVE FORM Renewal of TMP 055242825 11/17/85 PREMISES-OPERATIONS PROPERTY DAMAGE $ $ EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ 500 $ 500 BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS _ PERSONAL INJURY PERSONAL IN JURY $ 500 AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) 5 250 A COMPREHENSIVE FORM BODILY INJURY $ 500 OWNED (EACH ACCIDENT) HIRED 100034326642 11/17/85 PROPERTY DAMAGE $ BODILY INJURY AND NON OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY 8 BODILY INJURY AND 5 , 000 5 , 000 E UMBRELLA FORM PROPERTY DAMAGE E OTHER THAN UMBRELLA 5233260474 11/17/85 COMBINED FORM. WORKERS' COMPENSATION STATUTORY A and EMPLOYERS' LIABILITY 11 /17/$5 5 500 GXH ACCIDENT)) OTHER DESCRIPTION OF OPERATIONS/LOCAIIONSNEHIOLES Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mall such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED AUTHORIZED REPRESENTATIVE EXHIBIT F SYSTEM NON-ACCEPTANCE FORM This form serves as a writing to indicate Purchaser's Non-Acceptance of the DI System, delivered pursuant to an Agreement entered into by the Parties on by reason of the following: BY: TITLE: DATE: 17 s MAINTENANCE AGREEMENT This Maintenance Agreement is made on this z day of 41t-c 114 Z~z , 1985, by and between DATAMATIC, INC., a Texas corporation located at 2121 North Glenville Drive, Richardson, Texas 75081 (hereinafter referred to as "DI") and the City of Denton a, Texas corporation located at 901-B Texas Street, Denton, Texas 76201 (hereinafter referred to as "Purchaser"). RECITALS A. WHEREAS DI sells computer hardware and licenses proprietary computer software, hereinafter referred to as "System", which System is fully described in the Purchase Agreement executed contemporaneously herewith between Purchaser and DI; and B. WHEREAS Purchaser desires DI to maintain and DI desires to maintain the System. NOW, THEREFORE, in consideration of the mutual benefits derived herein, the parties agree that: 1. DESCRIPTION The DATASWITCH is to be maintained at Purchaser's site. Response time from DI for DATASWITCH shall be within two hours of a trouble call during any weekday (exclusive of holidays) between 8:00 a.m. and 5:00 p.m. local time. Maintenance service will be available at all other times at DI's standard overtime rate. The ROADRUNNER is to be maintained at Dallas, Texas. DI shall return repaired ROADRUNNER within three working days after receipt by DI. 2. RECURRING MAINTENANCE CHARGE Upon acceptance of the completed System by Purchaser, Purchaser agrees to pay a monthly maintenance charge for the maintenance services provided by DI under this Agreement. The first payment shall be due on the first day of the month following the acceptance of the completed System and shall contain the pro rata monthly amount due from the date of acceptance to the end of the month in which acceptance occurs, plus the following month payable in advance. Thereafter each monthly payment shall be due on the first day of each succeeding month payable in advance. The monthly charge for the first twelve months shall be 1% of the total System cost. The monthly charge is subject to change on the anniversary date of Purchaser's acceptance of the completed System, but in no event shall the percentage change in the monthly charge exceed the percentage change in the "All Cities Average of the Consumer Price Index for Urban Wage Earners and Clerical Workers Revised" base period: 1967 = 100 (published by the Bureau of Labor Statistics, U. S. Department of Labor) for the twelve-month period preceding said annual anniversary date. 1 3. SCOPE DI shall keep the Hardware and the DI Software in good working order. Maintenance services shall include: (a) Scheduled preventive Hardware maintenance based upon the specific needs of the individual machines as determined by DI, including testing, cleaning, lubricating, adjustments and replacement of parts; (b) Software maintenance, including providing Purchaser with such revisions, updates and improvements in the DI Software as DI generally makes available to licensees of the DI Software; and (c) Unscheduled, on-call remedial maintenance of both the Hardware and DI Software. All maintenance shall be performed familiar with the Hardware and the System. 4. PERFORMANCE OF MAINTENANCE by qualified maintenance engineers DI Software composing Purchaser's Purchaser agrees that DI may subcontract maintenance services under this Agreement. 5. EXCLUSIONS Maintenance services shall not include: (a) Electrical work external to the Hardware or maintenance of accessories, alterations, attachments or other devices not furnished by DI; (b) Repair of damage or increase in service time caused by accident, transportation, neglect or misuse and alterations (which shall include, but not be limited to, any deviation from circuit or structural machine design as provided by DI); (c) Repair of damage or increase in service time attributable to the use of the Hardware for other than data processing purposes for which designed; (d) Furnishing platens, supplies or accessories; painting or refinishing the machines or furnishing material therefore; making specification changes or performing services connected with relocation of machines; or adding or removing accessories, attachments or other devices. 2 I 6. TERMINATION (a) This Agreement shall terminate only upon the valid termination by Purchaser, DI or Purchaser of the software license described in the Purchase Agreement executed contemporaneously herewith between Purchaser and DI. (b) Should DI or Purchaser fail to perform any of the material terms hereof, the non-failing party shall give written notice thereof to the failing party. If the failure is not corrected within 10 days, the non-failing party may, at its option, terminate this Agreement upon written notice to the failing party. Termination of either the Maintenance Agree- ment or the Purchase Agreement shall automatically effect the termination of the other. DATAMATIC, INC. By: DANNY SHIRLEY TITLE: VICE PRESIDENT L~~ - A'~ - IG ATURE BY: RICHARD 0. STEWART TITLE: MAYOR 1 IG ATU ATTEST: CHARLOTTEt. ALL ECRE CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CYdY ATTORNEY CITY OF DENTON, TEXAS 3 DA1 L April 16, 1985 CiIY (,UUNCiL RCPURI IURMAI rU, Mayor and Members oC tlse Lity Council FROM G Chris Hartung, City Manager SUDJ BLII BID #9433- PARKWAY PLAZA-WATER PARTICIPATION RBLU►AM hNDA11UN We recommend this bid be awarded on the low difference for water oversizing of $32,398 00 This is a bid participation with Pat Donivan - Ridgeway Plaza, Joint Venture, as presented by Weir and Associates, Inc , Engineers SUIIM AR Y This bid was received and opened as per policy at 2 p m on March 21, 1985 We received four bids, with D/FW Utilities submitting the best low bid difference between the oversized waterline and the required waterline as per attached BALK4RUUND, Tabulation Sheet PRU(jRtu,1S DEFARIM1sHIS OR GROUPS ArIELlbl) This will be d part of the utilities, Water/Sewer, oversizing as recommended for the expected growth in the area of Lillian Miller Parkway and I-35 i1SLAL 114PACt There is no fiscal impact on the General Budget Respectfully submitted U"-LH r 1 s 11 si;FVLIiTg City Manager Pr ared 4 1 8111 n Marshallr Mille purchasing Agent A v e d I~ Nt, 0 1 arshal l, C P M itle rchasing Agent a n v , - - - - - - r + n cn d IP O v H r cri C F F a ~ 3 a 1~ h f+ H Z W a a r M N l a o ~ a r., N "1 r 14 z = ro m fD H J ~ O R 6 i W 01 n C W r t71 O --I Z -i r w ~ z ~ rn g < 0 o g o N c v N ? ce Z . 'f i f 00 00 M ;b 0 0 0 V N a D N ~ . p O C r C ~ ~ A O w O ~ H ~ ~ ~ C A O lm O~ N O O~ O cn O a Z O ? N N co O g 'A O O O a f +l z C C z d 0 DATE April 16, 1985 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM G Chris Hartung, City Manager SUBJECT BID #9436 CHIP SPREADER & ASPHALT PAVER RECOMMENDATION We recommend this bid be awarded to the lowest bidder meeting specifications for Item One, Conley Lott Nichols, in the amount of $52,211 00, Fob Denton with delivery in 45 days We also recommend Item Two not be awarded at this time BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Street Department Motor Pool FISCAL IMPACT This item will be funded thru a third party lease/purchase paid from 1984-85 budget funds Respectfully submitted G Chris Hartung City Manager Prepared by Name Tom D Shaw, C P M Title Assistant Purchasing Agent Approved je ohn J Marshall, C P M Purchasing Agent N ~ h ~ CP y r+ r C ~ Vp y v t n J J H =r < d N - J N Z tF n ~ Qj ~ ~ S 'O f D sl L d 01 N N fD < d h Z rD (D ,n1 Z Z H ro 'J I-j t O H O tJl x I N ' i m w y z r CD O N CD Z ' I C f 2 N z S -I r O o ~ y O n CD v O rn 'J to t O za vl N3 ~ b r^ s N N 7; w O S O Cl A W C I S ffl 0) CD CD to tz + < N N Ln d m an cu rla CD CD N O O < N • O W %O Z G O C~ O O N P W H 0) 14 j N M . . A m N CD CM, p O O < C C h7 L d O DATE April 16, 1985 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM G Chris Hartung, City Manager SUBJECT BID #9440 PLAYGROUND EQUIPMENT RECOMMENDATION We recommend this bid be awarded to the low bidder, Vaughn & Associates of Dallas, for the amount of $3,068 00 with delivery in 30 to 45 days after receipt of order SUMMARY This bid is for the purchase of pre-school timber playground equipment We received two bids on similar equipment and after evaluation by the Parks Department found the low bid to be the best for the City of Denton BACKGROUND Tabulation Sheet and insert picture of model PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Parks & Recreation FISCAL IMPACT This will be charged against the budget account #100-003-0062-8112(9107) Respectfully submitted G Chris Hartung City Manager Prepared by e n ars ant' it le Purchasing AgeApproved o arsaI FM CTftle Purchasing Agent o z a ~ ea to ° m a z a v j N v A < ~ N H ~ 1 C N ~ n O 7 O A c+ O Cy C c Z ~ O 00 m W M ( T1 ro c H O O N $ c x m C-) m 3 w r- c m a q y a c n t o m i a, 5 n c W m o o oz o n PC o n Fm N a w ~ o ~ N e ra z 0 0 z 6 OF 6 C bi ^ r yrtl v mr^'S 1 L T i `1 Y M1r..- 98103 ~y G r i 4 = 9 i Or 4: 20D" x 179" Area 10 Ht 5%0 Diameter Timbers 144" O D Galvanized Pipe Runge Decks at 510" 91" 94119-Fireman s Pole 94111-Chain Net 99050-Steering Wheel 95009-10 Slide 99090-Tire Swing Assembly ` YJf~'~AY r~ ~Y K n 98104 152" x 152" Area 8'8" Ht 514" Diameter Timbers a I E4, A" O D Galvanized Pipe Rungs Decks at 29" 39" 5"d" V 94111-Chain Net 99040-8 Sliding Pole 99060-Steering Wheel 98105 4*" Area 5% Diameter Timbers 1%10 D Galvanized Pipe Rungs Decks at 2b" 31" 43 99040-8 Sliding Pole 99050-Steering Wheel 96009-8 Slide 95080-Tire Swing Assembly ,jai 52