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Home My WebLink About3119RESOLUTION NO. 3119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PURCHASE AGREEMENT FOR TELECOMMUNICATIONS EQUIPMENT AND SOFTWARE BETWEEN THE CITY OF AUBURN AND U.S. WEST, INC. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING, DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute a Purchase Agreement between the CITY OF AUBURN and U.S. WEST, INC. for the purchase of telecommunications equipment and software in an amount not to exceed $171,345.26. A copy of said Agreement is attached hereto, designated as Exhibit "A" and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this 4th day of October, 1999. Resolution No. 3119 September 27, 1999 Page 1 CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: Danielle Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney Resolution No. 3119 September 27, 1999 Page 2 CPE-PURCHASE AGREEMENT U S WEST, Inc. (USW) Agreement No. USW Job No. , Customer Tracking No. PURCHASE AGREEMENT This Agreement is entered into as of this ~q_o day of QCi;~d b.e✓' , 1999, by and beriveen U S WEST, Inc.(USW) and The City of Auburn ("Customer"). EQUIPMENT PURCHASED: See ATTACIIlVIENT 1 to this Purchase Agreement detailing configuration and pricing for Nortel and related Telecommunications Equipment. PRICING: Products Materials $ 141,273.98 Sales tax (8.6%) 12,149.56 PAYMENT TERMS: 50% Upon equipment delivery. $ 76,711.77 50% Upon acceptance. $ 76,711.77 TOTAL $ 153,423.54 Additional Equipment Schedules? Yes No X Ship to Address: USW BRI Warehouse 7235 South 228th Avenue Kent, WA 98032 Installation Address: The City of Auburn (multiple locations) 25 West Main (City Hall) 1101 D Street NE (Fire Station 31) 1305 C Street SW (Maintenance & Operations) Auburn, WA 98001 Desired In-Service Date: November 30,1999 THE TERMS AND CONDITIONS IN THIS PURCHASE AGREEMENT AND THE GE1vERAL TERMS AND CONDITIONS INCORPORATED BY THIS REFERENCE TOGETHER WITH ANY OTHER REFERENCED OR INCORPORATED SCHEDULES, SHALL GOVERN THIS TRANSACTION. ADDITIONAL WORK AND/OR EQUIPMENT REQUESTED BY CUSTOMER WITH A CUMULATIVE TOTAL OF LESS THAN $2500 WILL BE ADDED TO TffiS AGREEMENT WITHOUT CUSTOMER SIGNATURE. THE CITY OF AUBURN Signature 0,6rlCS A. -B004~ Name (Typed or Printed) APPROVID AS TO FCJFtM: Michael J. Reyno , City Attorney U S WEST, Inc. Signature Name (Typed or Printed) E-Idlibit "A" Resolution No. 3119 Page 1 of 3 USW RESPONSIBILITIES; ACCEPTANCE USW wilrmake every reasonable effort to provide all necessary equipment, materials and, when applicable, labor necessary to complete USW's obligations by the In-Service Date or Delivery Date, whichever is applicable. In-Service Date is defined as when USW has performed its obligations or Customer receives the use of the equipment and work product supplied by USW. The Customer must notify USW in written detail of any portion(s) of the equipment or work product which are unacceptable. Failure to notify USW within 10 days from the In-Service Date or Delivery Date, whichever is applicable, shall constitute final acceptance. Equipment installed by USW is considered acceptable if it is installed and operates materially in accordance with the manufacturer's specification. USW shall have the right to coriect any portion(s) of the work product or equipment which have been rejected. Portion(s) which are completed and not rejected may, if functionally divisible, be separately invoiced and paid. USW assumes no responsibility for the operation of data, radio control, paging, alarm or other circuits which are not modified or installed pursuant to this Agreement. Additionally, unless specifically stated otherwise in this Agreement, USW shall not gather or input end user station database or routing and addressing information. 2. CUSTOMER RESPONSIBILITIES (Not applicable if USW provides no installation or labor.) When Customer provides inside wiring, all station cable, riser cable, distribution and feeder cable will be tested and identified by the Customer at the main and any intermediate distribution frame(s). All telephone and data jacks will be properly labeled and a corresponding floor plan will be provided to USW by Customer. Any additional work required by USW due to improper or inadequate cable will be charged at USW's standazd time and materials rates for regular time and overtime as required and directed by Customer. Upon request by USW, Customer will provide a detailed floor plan showing the location of each piece of existing equipment and desired mounting location for any new equipment and/or power supply with the understanding that changes to the floor plan after submission to USW may result in additional charges. 3. SOFTWARE - SoRware purchased or provided with purchased equipment as listed on the first page of this Agreement will be licensed or sublicensed to Customer as follows: If supplied with a licensing agreement to be executed by Customer, upon Customer executing that agreement; if supplied with a licensing agreement requiring no Customer signature, such as "shrink-wrap" or similarly licensed software, under the terms and conditions of that document. If neither of the foregoing applies, USW grants a personal, non-exclusive sublicense to Customer to use copies of the software in object code form only. The license is effective with product delivery (for "drop-ships"), or with installation, as applicable, and extends only to Customer's own use and only on the designated equipment. Software must ba held in confidence and may not be reproduced in any form unless specifically authorized by the software licenser. 4. LIMITED WARRANTY USW wanants that equipment purchased under this Agreement will, under normal nse, be materially free from defects in material and workmanship, and where applicable will be installed in accordance with the manufacturer's specifications. Unless otherwise specified in this Agreement, the warranty period shall be the period of the manufacturer's wananty commencing on the date of installation. Work performed under wananty will be during USW's Standard Service Hours defined, for the purpose of this Agreement, as 8:00 a.m. to 5:00 p.m. Monday through Friday local time, excluding holidays. The warranty for Exception Products is only that provided by the manufacturer, if any, and any USW-CS warranty work in support of the manufacturer's warranty wil( be provided on a reasonable efforts basis. Exception Products are those products designated as such on the first page of this Agreement. USW'S OBLIGATION WITH RESPECT TO ITS WARRANTIES, IF ANY, AND CUSTOMER'S SOLE REMEDY IS LIMITED TO REPAIR OR REPLACEMENT, AT USW'S OPTION, OF THE DEFECTIVE EQUIPMENT OR FAULTY WORKMANSHIP. CUSTOMER UNDERSTANDS AND AGREES THAT EXCEPT FOR THE FOREGOING, NO OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLY. USW'S OBLIGATION UNDER THE WARRANTY, IF ANY, AND THE CUSTOMER'S SOLE REMEDY, IS CONTINGENT UPON USW RECEIVING WRITTEN NOTICE FROM CUSTOMER OF ANY DEFECT WITHIN THE WARRANTY PERIOD. Customer Initials C G Page 2 of 3 Any equipment warranty is conditioned on it not having been installed, altered, maintained, or repaired by auyl2n~ other than USW. In the case where the equipment is installed, altered, maintained or repaired by anyone other than USW, the remedies of Customer shall be limited to the wananties extended by the manufacturer, if any. USW is not responsible for any defects or damages resulting from mishandling, abuse, misuse, accident, electrical power surges or cunent fluctuations, lightning strike, or other force of nature, improper storage or operation, including use in conjunction with equipment electrically or mechanically incompatible with or of inferior quality to the supplied equipment, as well as failure to maintain the environmental conditions specified by the equipment manufacturer. 5. CREDIT USW, may, in order to safeguard its interest, require the Customer to have satisfactory, verifiable credit. USW may require additional security or deposit as it deems appropriate. USW reserves the right to decline sale or service should Customer's credit be unacceptable to USW. Customer Initials QW Page 3 of 3 iIRINE.sr ' COMMUN/CATIONS CD U S WEST Communications Services, Inc. DATE: October 4. 1999 Contract Change Order for: Citv of Auburn Teleqhone System Modernization Proiect Revision of Agreement Dated October 4, 1999 Original Contract Amount (w/sales tax) $153,423.54 Customer # Previous Change Order (wisaies tax) $0.00 Change Order # This Change Order (w/sales tax) $18,101.72 Scheduled Cutover Date: rvovember so, 1999 Revised Contract Amount (w/sales tax) $171,345.26 Change in Cutover Date: No Add to Lease (if Applicable) Yes No Description of Revision: Add Material and Labor listed below to support additional configuration for Senior Center. This change order will be listed as ATTACHMENT 2 to original Purchase Agreement when accepted by customer. ~ Descri tion Mf . Part # QTY. Unit Price Extended Price Mini Carrier Remote for Senior Center ' HOST PBX EQUIPMENT MINI LOCAL PACKAGE NTXB06AB 1 $2,925.00 $2,925.00 LMX CARD NT5D65CA 1 $1,194.38 $1,194.38 LMX CABLE NT5D86AA 1 $273.00 $273.00 CANOGA PERKINS FIBER MODEM 1 $823.55 $823.55 REMOTE EQUIPMENT er location MINI REMOTE PACKAGE NTZB08AA 1 $3,900.00 $3,900.00 DIGITAL LINE CARD NT8D02GA 2 $1,706.25 $3,412.50 UNVERSAL TRUNK CARD NT8D146B 1 $1,755.00 $1,755.00 CANOGA PERKINS FIBER MODEM 1 $823.55 $823.55 MISC INSTALLATION MATERIAL 1 $390.00 $390.00 Hardware/Software subtotal $15,496.98 PLUS TELEPHONES INSTALLATION LABOR Tech labor 24 $53.00 $1,272.00 SDS Labor 0 $53.00 $0.00 SubTotal Hardware/Software/Labor $16,768.98 Sales Tax 8.6% $1,332.74 Total Installed Price $18,101.72 U S WEST Communications Services, Inc. and customer agree to the terms and conditions of the above stated revision(s), and that payment for such revision(s) shall be due on date of next scheduled invoice point. U S WEST Communications Services, Inc. and customer further agree that such terms and conditions supersede any contrary terms and conditions contained in the Contract. All other terms and conditions of the Contract shall remain the same. City of Auburn U S WEST Communications Services, Inc. USWCS-012 REV. 8l96 _ z BY Charles A. Booth BY TITLE Mavor, City of Auburn TITL DATE October 4. 1999 DA USWCS-012 REV. 8/96 ATTACHMENT 2 to Purchase Agreement for Nortel and related Telecommunications Equipment Description Mfg. Part # QTY. Unit Price Extended Price Mini Carrier Remote:for.Sertior Center : ' HOST PBX EQUIPMENT MINI LOCAL PACKAGE NTXB06AB 1 $2,925.00 $2,925.00 LMX CARD NT5D65CA 1 $1,194.38 $1,194.38 LMX CABLE NT5D86AA 1 $273.00 $273.00 CANOGA PERKINS FIBER MODEM 1 $823.55 $823.55 REMOTE EQUIPMENT (per location) MINI REMOTE PACKAGE NTZ608AA 1 $3,900.00 $3,900.00 DIGITAL LINE CARD NT8D02GA 2 $1,706.25 $3,412.50 UNVERSAL TRUNK CARD NT8D14B6 1 $1,755.00 $1,755.00 CANOGA PERKINS FIBER MODEM 1 $823.55 $823.55 MISC INSTALLATION MATERIAL 1 $390.00 $390.00 Hardware/Software subtotal $15,496.98 PLUS TELEPHONES INSTALLATION LABOR Tech labor SDS Labor SubTotal Hardware/Software/Labor Sales Tax (8.6%) Total Installed Price 24 $53.00 $1,272.00 0 $53.00 $0.00 ~ $16,768.98 $1,332.74 $18,101.72 U S WEST Confidential Page 1 of 1 9/30/99