Loading...
CM-2023-023 - 2/10/2023SUPPLEMENTAL AGREEMENT NO. I TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF AUDIO -VIDEO EQUIPMENT AND INSTALLATION FOR THE LIBRARY WITH DATA PROJECTIONS, INC." CITY OF ROUND ROCK ) } STATE OF TEXAS } } COUNTY OF WILLIAMSON ) COUNTY OF TRAVIS ) KNOW ALL BY THESE PRESENTS: This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of Audio -Video Equipment and Installation for the Library with Data Projections, Inc.," hereinafter called the "Supplemental Agreement," is made by and between the CITY OF ROUND ROCK, TEXAS, a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, hereinafter called "City," and DATA PROJECTIONS, INC., whose offices are located at 3700 West Sam Houston Parkway South, Suite 525, Houston, TX 77042, hereinafter called "Vendor." WHEREAS, City and Vendor (collectively the "parties") previously executed the referenced "City of Round Rock Agreement for Purchase of Audio -Video Equipment for the Library" on July 28, 2022, by Resolution No. R-2022-243; and WHEREAS, the parties desire to increase the scope of services and add additional costs to the Agreement in the amount of $19,390.08, increasing the total not -to -exceed amount from $936,407.46 to $955,797.54; NOW THEREFORE, premises considered, and in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement No. 1, the City and Vendor agree as follows: I. Section 4.01, "SCOPE OF WORK," is amended to read as follows: Vendor shall satisfactorily provide all goods and complete all services as set forth herein. This Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Vendor shall satisfactorily provide all deliverables and services described in Exhibit "A" and the Addendum to Exhibit "A," attached hereto and incorporated herein by reference for all 4877P-25531tss3 purposes, within the contract term specified. A change in the Scope of Services must be negotiated and agreed to in all relevant details, and must be embodied in a valid Supplemental Agreement as described herein. II. Section 5.01, "CONTRACT AMOUNT," is amended to read as follows: In consideration for the deliverables and services related to the deliverables, the City agrees to pay Vendor an amount not to exceed Nine Hundred Fifty -Five Thousand Seven Hundred Ninety -Seven and 54/100 Dollars ($955,7__9.7.54) for Vendor's services for the term of this Agreement. This Supplemental Agreement No. 1 shall modify the scope of work and costs as set forth herein with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, the City and Vendor have executed this Supplemental Agreement No. 1 to be effective as of the last date of due execution by both parties. CITY OF ROUND RROCK, TEXAS By: Printed me: [� Title: Date Signed: ,2� /o.- Zo 3 ATTEST: By: Ulb" Meagan Sp ks, City Ulerk FOR CITY, APPROVED AS TO FORM: By:-�01 . tephanie L. Sandre, City Attorney DATA By: I Printed Name: _ TE D AN-1140NY Title: A CLc7tj!1 T 4! AtJ A Date Signed: o� 'zo2? Addendum to Exhibit "A" • DATA PROJECTIONS CCO-006 - Rack Update (RFI 199), Scheduling Panel Update, and long Lead/" Disqua Quote Number: 11539 Contract Number: none Date: 11/01/2022 City 0# Round Rock Ramsey Saad rsaad@roundrocktexas.gov Addendum to Exhibit "A" Data Protections, Inc 3700 W. Sam Houston Pkwy S. D A T A Ste 525 P R O J E C T 10 N S Houston, TX 77042 Tel:866.CALL.DPI (225.5374) www-data projections.corn HARDWARE PART NUMBER ERK-2720 CBS-ERK-20R FD-27 DWR-24-22 CBS350-48FP-4X-NA CEN-SWPOE-16 CEN SWPOE 16 CEN-SWPOE-16 CEN-SW-POE-5 CEN-SW-POE-5 CEN-SW-POE-5 GSM4248UX-100NAS GSM4230P-10ONAS GSM4230P-10ONAS GSM4230P-10ONAS GSM4212P-100NAS GSM4212P-100NAS GSM42_12P-100NAS 60-1561-103 60-1561-103 60-1561-103 60-1561-103 60-1561-103 60-1561-103 60-1561-103 60-1561-103 70-1264-18 70-1264-18 70-1264-18 70-1264-18 60-1563-103 MANUFACTURER DESCRIPTION QTY _UN_ITPRICE TOTAL PRICE MIDDLE ATLANTIC ERK SERIES RACK, 27RU, 20" DEEP -1.00 $507.27 -$507.27 MIDDLE ATLANTIC FLR-FNDLY CB520"DPERK -1.00 $182.05 $182.05 MIDDLE ATLANTIC CASTER BASE FOR 20" DEEP ERK SERIES RACKS -1.00 $198.41 -$198.41 MIDDLE ATLANTIC DWR SERIES PIVOTING WALL RACK - 24RU 22" DEEP 1.00 $1,011.21 $1,011.21 CISCO 48-PORT MANAGED GIGABIT POE+ETHERNET •2.00 $2,144.11 -$4,288.22 SW-TCH CRESTRON 16-PORT MANAGED POE SWITCH -1.00 $1,656.82 -$1,656,82 CRESTRON 16-PORT MANAGED POE SWITCH -1.00 $1,656.82 -$1,656.82 CRESTRON 16-PORT MANAGED POE SWITCH -1.00 $1.656.82 -$1,656.82 CRESTRON 5-PORT POE SWITCH -1.00 $250.00 -$250.00 CRESTRON 5-PORT POE SWITCH -1.00 $250.00 -$250.00 CRESTRON 5-PORT POE SWITCH -1.00 $250.00 -$250.00 NETGEAR M4250 SERIES 40-PORT ULTRA90 POE++ GIGABIT 3.00 $4,197.94 $12,593.82 MANAGED SWITCH NETGEAR M4250 SERIES 24-PORT POE+ GIGABIT MANAGED 1.00 $1,074.09 $1,074.09 SWITCH NETGEAR M4250 SERIES 24-PORT POE+ GIGABIT MANAGED 1.00 $1,074.09 $1,074.09 SWITCH NETGEAR M4250 SERIES 24-PORT POE+ G-GABIT MANAGED 1.00 $1.074.09 $1,074.09 SWITCH NETGEAR M4250 SERIES 8-PORT POE+ GIGABIT MANAGED 1.00 $545.99 $545.99 SWITCH NETGEAR M4250 SERIES 8-PORT POE+ GIGABIT MANAGED 1.00 $545.99 $545.99 SWITCH NETGEAR M4250 SERIES 8-PORT POE+ GIGABIT MANAGED 1.00 $545.99 $545.99 SW°TCH EXTRON TLS 525M - 5" WALL MOUNT TOUCHLINK -3.00 $948.86 -$2,846.58 SCHEDULING PANEL - WHITE EXTRON TLS 525M - 5" WALL MOUNT TOUCHLINK 1.00 $948.86 -$948.86 SCHEDULING PANEL - WHITE EXTRON TLS 525M - 5" WALL MOUNT TOUCHLINK -1.00 $948,86 -$948.86 SCHEDULING PANEL - WHITE EXTRON TLS 525M - S" WALL MOUNT TOUCHLINK -1.00 $948.86 -$948.86 SCHEDULING PANEL -WHITE EXTRON TLS 525M - 5" WALL MOUNT TOUCHLINK -1.00 $948,86 -$948.86 SCHEDULING PANEL- WH:TE EXTRON Tt.S 525M - 5" WALL MOUNT TOUCHLINK 1.00 $948.86 -$948.86 SCHEDULING PANEL -WHITE EXTRON TLS 525M - 5" WALL MOUNT TOUCHLINK -1.00 $948.86 -$948.86 SCHEDULING PANEL -WHITE EXTRON TLS 525M - 5" WALL MOUNT TOUCHLINK -8.00 $948.86 -$7,590.88 SCHEDULING PANEL WHITE EXTRON MMK 1 - MULLION MOUNT KIT FOR TLS 525M - -1.00 $113.64 -$113.64 Al UMINUM EXTRON MMK 1- MULLION MOUNT KIT FOR TLS 525M • -1.00 $113.64 -$113.64 ALUMINUM EXTRON MMK 1- MULLION MOUNT KIT FOR TLS 525M -1.00 $113.64 -$113.64 ALUMINUM EXTRON MMK 1- MULLION MOUNT KIT FOR TLS 525M - -1.00 $113,64 -$113.64 ALUMINUM EXTRON TLS 725M - 7" WALL MOUNT TOUCHLINK 3.00 $1,248.51 $3,745.53 SCHEDULING PANEL- WHITE 217 . w • Addendum to Exhibit "A" DATA PROJECTIONS 60-1563-103 EXTRON TLS 725M - 7" WALL MOUNTTOUCHLINK 1.00 SCHEDULING PANEL -WHITE 60-1563-103 EXTRON TLS 725M - 7" WAIL MOUNT TOUCHLINK 8.00 SCHEDULING PANEL- WHITE 60-1563-103 EXTRON TLS 725M - 7" WA, L MOUNT TOUCHt INK 1.00 SCHEDULING PANEL- WHITE 60-1563-103 EXTRON TLS 725M 7" WALL MOUNT TOUCHUNK 1.00 SCHEDULING PANEL- WHITE 60-1563-103 EKTRON TLS 725M - 7" WALL MOUNT TOUCHLINK 1.00 SCHEDULING PANEL - WHITE 60-1563-103 EXTRON TLS 725M - 7" WALL MOUNT TOUCHLINK 1.00 SCHEDULING PANEL - WHITE 60-1563-103 EXTRON TLS 725M - 7" WALL MOUNT TOUCH.. NK 1.00 SCHEDULING PANEL WHITE 60-1566-103 EXTRON TLS 1025M - 10" WALL MOUNT TOUCHLINK 1.00 SCHEDULING PANEL - WHITE 70-1264-28 EXTRON MMK 2 - MULLION MOUNT KIT FOR TLS 725M 12.00 ALUMINUM ME431 NEC 43" ULTRA HIGH DEF NITION COMMERCIAL- DISPLAY 2.00 RS5001-WH SOUNDTUBE 5.25" PENDANT SPEAKER, WHITE 1.00 SERVICES Installation Services Details COMMISSIONING LABOR DESIGN/ENGINEERING INSTALLATION LABOR PROJECT MANAGEMENT MISCELLANEOUS MATERIALS Miscellaneous Details RESTOCKING FEES QTY 1.00 Data Projections, Inc 3700 W. Sam Houston Pkwy S. Ste 525 Houston, TX 77042 Te : 866,CALLDPI (225.5374) www.dataprojections.com $1,248.51 $1.248,51 $1,248.51 $9.988.08 $1,248.51 $1,248.51 $1.248.51 $1,248.51 $1,248.51 $1,248.51 $1.248,51 $1,248.51 $1,248,51 $1,248.51 $1,628.49 $1,628.49 $141.37 $1,696A4 $885.61 $1,771.22 $271.58 $271.58 Subtotal: $17,576.08 TOTAL PRIM $150.00 $224.00 $800.00 $240.00 Subtotal: $1,414.00 UNIT PRICE TOTAL PRICE $150.00 $150.00 Subtotal: $150.00 317 Addendum to Exhibit "A" Data Projections, Inc 3700 W. Sam Houston Pkwy S. DATA Ste 525 P R 0 J E C T 10 N S Houston, TX 77042 Tel: 866.CALL.DPI (225.5374) www.dataprojections.com CCO-006 - Rack Update (RFI 199), Scheduling Panel Update, and Long Lead/"Disqualified" Ethernet Switch Update Prepared by: Job Location: Quote Information: Data Projections, Inc. City Of Round Rock public works Quote Number 11539 Branch: Austin, TX 3400 Sunrise Rd, Round Rock, TX 78665 - Date: 11/01/2022 Apinvoices@ Round rocktexas.Gov Expiry Date: 11/29/2022 Ted Anthony Round Rock, TX 78665 P.O. No: R-2022-243 (512) 2716543 Ramsey Saad Contract No: none tanthony@dataprojections.com (512) 218 5400 rsaad@roundrocktexas.gov Quote Summary DESCRIPTION AMOUNT HARDWARE $17,576.08 INSTALLATION SERVICES $1,414.00 MISCELLANEOUS MATERIALS $150.00 Subtotal- $19,140.08 Shipping: $250.00 Estimated Tax: $0.00 Total: 519,390.08 Interested in our AVaaS offering or other service options? Contact your sales representative. By signing this agreement, you are accepting our Terms and Conditions. This does not negate the need for a purchase order or any other purchasing requirement which your company necessitates. Data Projections reserves the right to require a customer down payment/deposit contingent on the creditworthiness of the customer. Data Projections, Inc. SIGNATURE: NAME: Ted Anthony TITLE: Account Executive DATE- S'4 A2Z 01 1 %D L 3 City Of Round Rock SIGNATURE: NAME: TITLE: DATE: Quote #11539 s DATA PROJECTIONS GENERAL TERMS AND CONDITIONS Exclusions Addendum to Exhibit "A" The following work is not included in our Scope of Work: • All conduit, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc. • Concrete saw cutting and/or core drilling. • Firewall, ceiling, roof, and floor penetration. • Necessary gypsum board replacement and/or repair. • Necessary ceiling tile or T-bar modifications, replacements, and/or repairs. • Ali millwork (moldings, trim, cut-outs, etc.). • Patching and Painting. • Permits (unless specifically provided for and identified within the contract). This Scope of Work is delivered based on the following Assumptions: Data Projections, Inc 3700 W. Sam Houston Pkwy S. Ste 525 Houston, TX 77042 Tel: 866.CALL.DPI (225.5374) www.dataprotections.com • Site preparation by the Customer includes electrical, wall reinforcement, telephone, and data network infrastructure placement per Data Projections specification. • All work areas should be clean and dust -free before the beginning of on -site integration of electronic equipment. • Customer communication of readiness will be considered accurate and executable by the Data Projections project manager. • In -Rooms) where installation is to be completed is to be made available for Data Projections exclusive use on the days of the scheduled installation. Unless specifically arranged in advance, rooms will be available during normal business hours, defined as Monday through Friday, 8:00 AM to 5:00 PM excluding hoildays. All required spaces (rooms, access points, etc.) must be available at the start of the installation and remain available for the duration of the Project. Any required space that is unavailable during the scheduled installation timeframe may result in delayed delivery of the Project and/or additional charges. Additional rates will only be applied after execution of Data Projections generated Project Change Request according to the Change Management Procedure section following and signed approval by Owner or Owner's representative. • The project schedule must allow for sufficient time for completion of all installation and final testing of systems before occupancy of the site. If sufficient time is not allowed, Data Projections will be held harmless for systems that do not meet requirements. In this case, all costs associated with the completion of work, including overtime labor rates, will be considered outside the scope of this offering and billable to the Client. Unless otherwise stated, the installation shall be scheduled contiguously from start to finish. Projects requiring multiple site visits and/or intervals of inactivity between events must be noted as such before acceptance of this SOW. If notification is made after initial acceptance of this SOW, the Change Management Procedure section following shall be implemented and additional charges may apply. Data Projections reserves the right to revise the proposal/scope of work based upon information obtained from subsequent site surveys and other sources not available at the time that the original proposal was issued. • Data Projections reserves the right to substitute equipment of similar specifications should any of the specified equipment be unavailable at the time of order from the manufacturer. This will be done in an effort to maintain the completeness of the proposed audiovisual system and meet the anticipated installation schedule. Data Projections will notify the client in the event there is a need for any equipment substitutions. • Client is to provide secure storage for equipment during a multiple -day integration. If secure storage is not available for the duration of the multiple -day integration period, Data Projections reserves the right to; delay the installation until secure storage is available which could result in project completion delays and additional storage and delay fees; payment in full for the materials and equipment that cannot be secured thus constituting transfer of ownership and relieving Data Projections of its responsibility and liability for security and protection of said materials and equipment against damage and theft. • If Customer furnished equipment and existing cabling are to be used, Data Projections assumes that these items are in good working condition and will integrate into the designed solution. Any troubleshooting, repair, replacement, and/or configuration of these items that may be necessary will be made at an additional cost. • All Network configurations including IP addresses are to be provided, operational, and functional before Data Projections' integration begins. Data Projections will not be responsible for testing the LAN connections. - fi;" 5/7 Addendum to Exhibit "A" Data Project ons, Inc DATA 3700 W. Sam Houston Pkwy S. Ste 525 P R O J E C T 10 N S Houston, TX 77042 Tel: 866.CALL.DPI (225.5374) www.dataprojections.com • Cable or Satellite drops must be in place with converter boxes operational before the completion of integration. Any delay resulting in extra work caused by the late arrival of these items will result in a change order for time and materials. • Document review/feedback on touch panel layout/correspondence will be completed by the Customer within two business days Integration Project Management Processes Data Projections will follow a foundational project management process which may include the following actions/deliverables (based on the size/complexity/duration of the integration project): • Needs Analysis — performed before Scope of Work • Project Welcome Notice — emailed upon receipt of Purchase Order/Notice to proceed • Project Kick -Off meeting with Customer Representative(s) — either by phone or in -person • Project Status updates — informal or formal — either by phone, email, or in -person (based on the size/complexity/duration of the project) • Project Change Control — comprised of Field Directed Change Order and/or Contract Change Order submittals • Substantial Completion— Client walk-through and user acceptance training before project is transitioned to Service department User Acceptance Training This is geared specifically towards the end-user/operator. The purpose of this training is to provide operators with the necessary knowledge to confidently and comfortably operate all aspects of the integrated system. Areas of training include the following: • Equipment and system overview • Equipment operation and function • Equipment start-up, stop, and shut Down • Equipment automatic and manual operation • Discussion and documentation relating to control system operation • Discussion and documentation relating to system processor and its control applications • Powering up, powering down AV system via a control system • Manual operation of display systems, audio systems, and all other related components • Use/operation of patch panels, when and where to be used • Who to contact if help is required. Change Management Procedure Any changes to the scope of the project that effect the contractual value of the project must be in writing signed by the Client and an authorized representative of Data Projections, Inc. Oral changes to the project scope, equipment, or materials shall not be binding upon the parties. Changes may impact the abiiEty of Data Projections, Inc. to deliver the desired solution per the original terms of the Contract. After acceptance of this Scope of Work, such signed and approved change orders will be incorporated by reference into and become part of this Contract. Proprietary Notice This proposal contains confidential information and intellectual property of Data Projections and may be legally privileged. The recipient agrees not to reproduce or make this information available in any manner to persons outside the group directly responsible for the evaluation of its contents, Returns The approval of product returns is at the discretion of Data Projections and the specified manufacturer and requires a return authorization number if the request is approved. Products that are defective will be repaired, replaced, or credited in accordance with the manufacturer's warranty. Goods returned for reasons other than warranty or defect must be requested in a timely manner and must be in their original, undamaged, and untarnished condit+on and must include all original packaging, documentation, and accessories. Restocking fees may apply 6/7 J WA a W_ ZA 0 /FA0 Z/ Addendum to Exhibit "A" Data Projections, Inc 3700 W. Sam Houston Pkwy S. DATA Ste 525 �5 P R O J E C T 10 N S Houston, TX 77042 Tel: 866.CALL.DPI (225.5374) www.dataprojections.com to the items being returned. Any custom -ordered products are not eligible to be returned. Please consult Data Projections for additional details. Warranty All new equipment provided by Data Projections includes each manufacturer's full warranty from the date of invoice. Data Projections will honor all manufacturer warranty requirements as depot service. Data Projections supplies a 90-day workmanship warranty from the date of completion of the said system unless superseded by an extended warranty, or Data Projections service agreement. Data Projections warrants the system to be free of defects in materials and workmanship and fit for the intended purpose. This warranty does not cover equipment or system abuse, misuse including, but not limited to, operating outside of environmental, electrical, temperature, or humidity specifications, system alterations neither approved nor performed by Data Projections; or repair by a service facility other than those authorized by the manufacturer. Indemnification Data Projections agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, director, and employees (Collectively, Client) against all damages, liabilities, or costs, including reasonable attorney's fees and defense costs, to the extent caused by the Data Projections' negligent performance of professional services under this Agreement and that of its subcontractors or anyone for whom Data Projections is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Data Projections, its officers, directors, employees, and subcontractors (collectively, Data Projections) against all damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Client's negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor Data Projections shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. No Hire Policy During the term of the Contract, and for a period of one (1) year after the termination of the Contract, or the completion of the project, whichever is later, the Client agrees that it will not directly solicit the employment of any individual that was employed by Data Projections during the term of the Contract. In the event Client breaches this provision, the parties agree that it would be difficult to establish the precise amount of damages incurred by Data Projections as a result of such conduct, and therefore the parties agree that immediately upon hiring said individual, Client shall pay to Data Projections an amount equal to 50% of the gross annual salary or wages paid to the individual in question during the twelve months before the termination of that individual's employment with Data Projections. This fee shall not apply if the individual responds to a general employment advertisement through newspapers, online job boards or postings, agencies, open houses, or job fairs. Payment Terms The total for this proposal/project is presented as a "not to exceed" unless Data Projections and the Client agree to add hardware, software, or functionality not specifically addressed in this Statement of Work/Executive Summary. If the project becomes delayed due to the client or client's facility not being ready within the agreed upon timeframes, or as a result of backorder delays outside of Data Projection's control, the Client may be requested to issue payment for the hardware as it is physically received. The payment schedule is contingent on the established line of credit approved by the company. If credit terms are extended, the standard terms are NET 30 days. If credit terms are not requested or extended, payment will be required in full before hardware is ordered or installation dates are scheduled. Data Projections will assess a surcharge of 2.29% on all credit card transactions to cover our processing costs. The surcharge imposed will not be greater than the direct cost incurred from the processing of credit card payments. Data Projections does not surcharge debit card transactions. 717 17R,OuND ROCK xn{, City of Round Rock Agenda Item Summary Agenda Number: Title: Consider execut]ng Supplemental Agreement No. 1 with Data Projections, Inc. for the purchase and installation of AV equipment at the new library. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 2/10/2023 Dept Director: Chad McDowell, General Services Director Cost: $19,390.08 Indexes: 2014 General Obligation Bonds Attachments: Vendor Signed Data Projection SA No.1 Department: General Services Text of Legislative File CM-2023-023 Supplemental No. 1 with Data Projection, Inc. represent a change order for upgraded mullion mounted display units for the Library room schedulers, an additional display screen, and pendant speaker. The Library Staff requested larger displays from the bid package. The change order mullion mounted room scheduler is recommended by Data Projections as a better system then was specified in the bidding process. The 7" larger screen provides better visibility for library patrons. Since most programmable rooms on the library are a glass front, the mullion mounts are required to mount to the display devices. There is a credit represented in the change order for the initial bid mullions mounts and display screens. Additionally, after bid, the switches specified for the project became a long lead item. The Building Construction Division worked with Data Projections to identify switches that will work with the specified AV system and arrive in June of 23. There is a credit in the charge order for the initial bid switches and a charge for different model switches. Cost: $19,390.08 Source of Funds: 2014 General Obligation Bonds City of Round Rock Page 1 of