HomeMy WebLinkAbout1994-031ORDINANCE NO. ?�Jl
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING
CONTRACT PURCHASEEXPENDITUREMATERIALS, EQUIPMENT,
SERVICES; PROVIDING FOR THE OFFUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive sealed
proposals for the purchase of necessary materials, equipment, 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
recommnded
proposals
for heemateria materials, equipment, equipm he me supplies scribed proposals
services the best responsible
shown in the 1 Proposals"
submitted therefore; 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; 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 "Proposals" attached
hereto, are hereby accepted and approved as being the best responsible proposal
for such items:
BID
NUMBER
ITEM
NO.
VENDOR
AMOUNT
1565
ALL
GTE
$151,537.00
1596
1
TECH PLAN INC.
$ 88,006.00
1596
2
UHW INC.
$ 58,000.00
SECTION II. That by the acceptance and approval of the above numbered
items of the submitted proposals, the City accepts the offer of the persons
submitting the proposals 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 Invitations,
Proposals, and related documents.
SECTION III. That should the City and persons submitting approved and
accepted items and of the submitted proposals wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the proposal, 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 Proposal and related documents herein approved
and accepted.
SECTION_ II• That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the P�— day of 1
1994.
BOBBOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ---
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
DATE: MARCH 1, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: RFP # 1565 - TELEPHONE SWITCHES
RECOMMENDATION: We recommend this request for proposal be awarded as follows:
1. GTE - DMC Telephones $127,804.83
2. GTE - Waste Water Treatment Plant $ 28 386.98
Telephone System
Total Award $156,191.81
SUMMARY: The proposal is to furnish and install the required new telephone
switchgear, wiring and associated equipment for both the occupation of the Denton
Municipal Complex and the Waste Water Treatment Plant upgrade.
1. The DMC portion includes the items listed above as well as a number of
new telephones. The majority of the phones will be brought with the
current users when they relocate.
2. The portion of RFP dedicated to the Pecan Creek Waste Water Plant
includes a complete replacement of an obsolete telephone system that is
no longer compatible with the new communication technology.
BACKGROUND: Memorandum and other documents from Gary Collins, Director of
Information Services.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Information Services, Denton
Municipal Center occupants, Waste Water Treatment Plant.
FISCAL IMPACT: Funds for the DMC portion will come from DMC Bond funds. The
Waste Water Treatment Phone System will be funded from 1993-94 budget funds.
a-,spectfully omitted:
ill
loyd V . Harrell
City Manager
Approved:
Name: Tom D. Shaw, U.P.M.
Title: Purchasing Agent
465.AGENDA
CITY of DENTON, TEXAS 215 E. McKINNEY / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200
M E1. M O It A N 1) U M
DATE: February 23, 1994
TO: Lloyd I[arrell, City M.Zuager
FROM: Gary A. Collins, Director o1Informtit i.,i) Sereices
SUBJECT: Telephone PBXs.
We are recommending that the Cit. of a North:_ t i
I'elcal:)hone Merid.ari S11 from GTE for both the Der)t.ou Municii,ai
Center and t;he Waste Water tre eit.ment. pirtrit , G'1'1. oPfcr'6
t Ili ,
equipment aL thr lowast, cost oP the ttrree %enctor; rc,ponckng
o oi,r
Request 1'01 Proposal. GTE' s ( )st, i'o r Lhi s c,pl i pmeut k, i 7 i
wu i
ftcee•d $132,387 for Lhe DMC awl will no',rr>d $2&,390 fo,
t1,�
Wast.e WaLer Trcatment I'lan'L. Tlw- c amouics wiII. ifit :.lu_Ie Lice
f:unt;
for an additional phones for l.he lieparLment and
th,
MuniC ipa.1 JUdv,'e as. Well. as Che ( 1 f, i tie; ... i ncurr I'i um
,`.rriol.d I irni.ted. The funds for the I'BX al. .lie DLI.` is budgctQd in
the
renovation and move to DMC proje,_L and the fund:; for t_hi, IBX
II.
(omen front the Utility Funds. FoLI1 )I.euu-; :rrc. under
LI.cir
i:r•�pe=_ctive proposed budgets.
have attached for your revi,w hot_h a sununatt and a d.-•'.<.i;
i,reakouL Of t.hc t1)ree vc)n1or:; rrSyon;t
tv It
,)rojecL. If you hs"ve any qucsto). .. cu)i be .,I Lul-i,hc•_. sc-I
p'.ease ffieel free to caJ1 me a ..nvt iUr..°.
c,ary A. Collin~
Director of Information Sctvice_,
ITEM DESCRIPTION
DMC
MAIN SWITCH (Installed)
ADDITIONAL CARDS & INSTALL
8 HR UPS
T1 ASSEMBLY
MOVE FIBER TERMINATION
TOTAL FOR DMC
DPERATIONS GTE MUST DO
REMOVE 25 #S FROM CH
7,LEAR /REMOVE POLICE #S
RELEASE 19 UPGRADE CH
RELEASE 19 UPGRADE SC
RELEASE 19 UPGRADE PP
GTE MUST DO TOT
NFOTEXT UPGRADE
UPGRADE OS TO OS PLUS 1500
NSTAMAC STATION ADMIN
NSTAMAC MER MAIL ADMIN
f RAUD ALERT INSTALLATION
MULTI SITE SOFTWARE
INFOTEXT UPGRADE TO'
DMC GRAND 'TOTAL
CONDUIT FROM GEN CONT
ONSULTING FEES
B6 33 PC; (COMPUSA)
VGA MONITOR (COMPUSA)
DMC PROJECT GRAND TOTAL
WASTE WATER TREATME
MAIN SWITCH & PHONES
AMPLIFICATION COST/DISC
INSTALLATION
J PAGING SYSTEM
WASTE WATER TOTAL
FOR TELEPHONE SYSTEMS
GTE
24,377.06
34,189.59
8,830.47
I/A
I/A
1,013.00
63,910.12
660.00
2,640.00
22,227.30
3,860.79
3,860.79
33,249.38
2,895,33
3,950.00
2,875.00
400.00
3,000.00
TONE
75,866.00
I/A
2,420.00
5,988.00
5,483.00
I/A
89,757.00
660.00
2,640.00
22,227.80
3,860.79
3,860.79
33,249.38
2,895.33
3,950.00
2,875.00
400.00
3,000.00
BELL
62,353.96
13,187.50
2,420.00
I/A
I/A
I/A
77,961.46
660.00
2,640.00
22,227.80
3,860.79
3,860.79
33,249.38
2,895.33
3,950.00
2,875.00
400.00
3,000.00
13,120.331 13,120.331 13,120.33
15,279.831136,126.71 124,331.17 j
2750.001 2,750.00 j 2,750.00
8:525.00, 8,525.008,525.00'
1,000.00 % 1,000.00 1,000.00
250.00 250.00 250.00(
127.804.831143,651.71 ',136,856.17
24,197.45 25,635.001' 21,727.2311
(1,250.00) I/A I/A
3,952.501 I/A 6,805 00
I/A 1 2,420.00 IJA
1,487.031 2,380.00 DNB
28,386.981 30,435.00 28532.23
SUMMARY
COMPARISONS
OF RFSP
FOR TELEPHONE SYSTEMS
-- —-----------ECU
ITEMS1N x
ITEM DESCRIPTION GTE ! TONE BELL
DMC PROJECT GRAND TOT_A_L_ 127,804.83 148 651.71 �136 856 171
WASTE WATER TOTAL 28,386.930 435.001 28 632 23 I,
* Does not include fiber optic run between wiring closets in DMC
DATE: MARCH 1, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: RFSP # 1596 - COMPUTER ROOM MOVE
RECOMMENDATION: We recommend this request for proposal be awarded as follows:
1. Tech Plan Inc. - Room design and buildup $ 88,006.00
2. UHW Inc. - Move and pre -stage equipment $ 58,000.00
$146,006.00
SUMMARY: This proposal is for the relocation of the Information Services
Department equipment from the existing location to the Denton Municipal Center.
1. Tech Plan will layout the room, furnish and install the built up floor
along with other associated activities.
2. UHW will do the actual moving and pre -staging of the equipment along
with the re -assembly activities.
The relocation will start on a given Friday at midnight and be completed by the
following Monday morning prior to the start of the normal work day.
BACKGROUND: Memorandum and documentation from Gary Collins, Director of
Information Services.
Information Services
FISCAL IMPACT: This relocation will be funded from DMC Bond funds. The project
will remain within budget guidelines.
c.. spec,0 ubmi
t' L1oydUV . Harrel
City Manager
Approved:
Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
464.AGENGA
CITY of DENTON, TEXAS 215 E. WKINNEY / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200
M E M O It A I N 1 17 U M
DATE: February 23, 1994
TO: Lloyd Harrell, City Matn;ty,el
FROM: Gary A. Col iris, Dive( Lot, of Informuti o)ii it es
:iUBJECT: Computer Room BuildotiL and llove
am recommending that we split the arvarilin:g oIthis Reluest f"r
Proposal between two vendors. I'hi ; tv i 1 1 allot, us t.o c•nsui o
coat"i.rrued operations without lusof uJrmztI sc- r'.ice to <tI of mane
ocher, depar tmeril; , including the i ibral-v anal te�1ume nc,r mu I
operations by 8:00 AM Monday morniri . 1 zxni reconun0nd11)11r that t,,
have Tech Plan do the computer room t,lrildoltt- tend C11lS' corl,o ;11 i,.ii
l,rrfor'm tAir, aguipmenL move and pi 'sAlt �� ph s;cry; of, thi pi,JecL. k%
erwaeding the llFi' in 'tkil.s manner tAw !'.t;. o Le;rton will riot, tht
lowest, cost for this p'c'oject which, is $1-17,36't includinP Lhe� wuvt-
of the laseer printer by xe r-oti, HW-lit: fonds at,, bnd:;t urd in Lice
R.enovat:.i.on and 'dove project for the DM(-.
Attached for yoi-ir review :i:; boi.h t,f
I' the three vendors that rre;;porided
.,luestions or, I can he of any further
call. me at. any time.
t 1✓'}� � Coll In
Di.rcctor of Information Gevvi.cos
sru fflnv� rind detail coi,ipttri aorl
Lu Lhis 1'1",P. i f } ou hay c crn)
cercic -c- 1,I.as Peal Irr, to
LTH I al #.
Q 1 I lid R A Did
ITEM
RECOMMENDATION
Tech Flan Room Build Ul
UHW Move & Prestaae
Printer (Xerox)
PLAIN UHW
148,1911 187,8
_88,005�'
58,0001
146,60611
1,0811
147,087 i
IBM
87,6M':
TECH
ITEM
PLAN
UHW
IBM
Raised Flooring
10,180
129,840
18,108
Cables for Equipment
2,176
3,647
Emergency Power Off
680
1,205 1
UPS
14,895
37,2421
Generator I
31,260
I
45,190
PDU and Installation
5,120
0
Air Conditioner & Installation
11,830
22,435
Performance Bond
3,250
0
Sliding Glass Door
6,940
4,025
SUBTOTAL 1
86,331
129,840
131,852
Partition Wall (Security)
2,515
2,244 1
8 Duplex Outlets (Security)
SUBTOTAL 2
410
89,256
129,840
3851
134,481
I
ALLOWANCES
I
Air Conditioning
(750)
(16,025)I
PDU _
TOTAL ROOM BUILD UP
5-00-)
88,006
129,840
118,456
Equipment & Furniture Move
7,185
5,000
14,330
Coordination Charges
1,847
Prestage CPU & Disk
Credit for Old Equipment_
55,o00
55,0001
55,000 .
?�000)
6-
TOTAL MOVE & PRFSTAGE
60,1851
58,0001
GRAND TOTAL
-(2,000
-__(2,009)
F-187,840_187,633
148,191
RECOMMENDATION
Tech Plan Room Build Up
88,006
UHW Move & Prestage _
(Recommended Total
58,000
146,066
Laser Printer (Xerox)
1,081
Project Total
147,08
� PCt�L �z
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 1st day of
March A.D., 1994 , by and between
The City of Denton
of the County of Denton and State of Texas, acting
through Lloyd V. Harrell
thereunto duly authorized so to do, hereinafter termed "OWNER," and
GTE Southwest Incorporated
500 E. Carpenter Freeway
of the City of Irving , County of Dallas
and State of Texas , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds bearing even
date herewith, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
Specifications as outlined in RFSP 1565 and GTESW's
response to said RFSP and Schedule A which is attached.
CA - 1
Independent Status
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands. Contractor's obligation with respect to
damage to the system it is installing is limited to repair or
replacement, at Contractor's option, of the damaged items.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, subject to Specifications as outlined in
RFSP 1565 and GTE's response to said RFSP and Schedule A which is
attached.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to Specifications as outlined
in RFSP 1565 and GTE's response to said RFSP and Schedule A which
is attached.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
(SEAL)
ATTEST:
(SEAL)
APPROVED AS TO FORM:
AA X/ - CA
City Attorney
AAA0184D
CA - 3
SiCHEDULE A
SCOPE OF VVORK
All work will be performed as outlined in RFSP 1565 and their response to RFSP 1565
Work can be started on March 2, 1994 and the first cutover must be completed by
Midnight (12:00 AM) May 2, 1994.
The second cutover must be completed by 7:00 AM June 30,1994
T he work to be performed is the following:
-
—ITEM DESCRIPTION
GTE
DMC
MAIN SWITCH (Installed)
241877.06!
WIRING,
34,189.59'
ADDITIONAL CARDS & INSTALL
8,830.47
i8 HR UPS
I/A
�T1 ASSEMBLY
I / A
MOVE FIBER TERMINATION
1,013.00
TOTAL FOR DMC(
68,910.12
!OPERATIONS GTE MUST DO I
25 #S FROM CH I
660.00'':
(REMOVE
;CLEAR /REMOVE POLICE #S
2,640.00'
19 UPGRADE CH
22,227.80,
ZLEASE
LEASE 19 UPGRADE SC
3,860.791
RELEASE 19 UPGRADE PP
3,860.79'
GTE MUST DO TOTAL
33,249.38 ,
; I
'{NFOI'EXT UPGRADE
I
'l.1PGRADE OS TO OS PLUS 1500
2,895.33 !.
;INSTAMAC STATION ADMIN
3,950.00'
!INSTAMAC MER MAIL ADMIN
2,875.00
ALERT INSTALLATION
400.00
'FRAUD
;MULTI SITE SOFTWARE
3,000.00
INFOTEXT UPGRADE 13,120.33
DMC GRAND TOTAL T11115,279Z3
WASTE. WATER TREATMENT
MAIN SWITCH & PHONES 24,197.45',
AMPLIFICATION COST/DISC (1,250.00
INSTALLATION 3,952.50 i
UPS I/A
NEW PAGING SYSTEM 1,487.03'
WASTE WATER TOTAL L28,386.98'i
All payments will be made after completion of work and acceptance by
the City of Denton.
PERFORMANCE BOND
STATE OF TEXAS S
COUNTY OF
S
Bond No. 276895
KNOW ALL MEN BY THESE PRESENTS: That GTE SOuthwebt, Inc.
, of the City of. Ixv.ing
County of DaU," , and State of Tex"
as PRINCIPAL, and SEABOARD SURETY COMPANY
as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the City nA Dgntan
as OWNER, in the penal sum of One Hundked foat4 Three Thousand zix
hUnd,ked A eventfj and no/100--------- Dollars ($,_ 143,670.00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs,. administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 1dt day of Mahch ,
1994 , for the construction of 2 new PABX'e, DMC wihi.ng, move g.ihehmux
3 PABX u nailed, Injo>rtext Upgrade.
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said .principal shall. faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas
as amended by acts of the 72nd Legislature, Regular Session, 1991,
and all liabilities on this bond shall be determined in accordance
with the provisions of said Article to the same extent as if it
were copied at length herein.
PB - 1
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 25th day of March
19 94 .
GTE SOUTHWEST, INC. SEABOARD SURETY COMPANY
Principal Surety
0
Title
Address:
(SEAL)
Meeani.e Dunbar
Title Attonneu-in-fact
Address: 8144 Watytut H.ie_e Lane, Ste.1199
DaU.", Tex-" 75243
(SEAL)
The name
and address
of the Resident Agent of
Surety is:
ThomaA A.
Rogeu, 8144
Watnut Hilt Lane, Suite 1199,
DafW, TX 75243
NOTE: Date of Bond must not be prior to date of Contract.
AAAA184n
PB - 2
For verification of the authenticity -of this Power
o�fiAUo nd details of lhlo bond o9whichthe5pov powerand
s attached. In New York, let 2 2 627-5444f or to the Powor
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 1st day of
March A.D., 1994 , by and between
The City of Denton
of the County of Denton and State of Texas, acting
through Lloyd V. Harrell
thereunto duly authorized so to do, hereinafter termed "OWNER," and
900 Alpha Drive
P.O. Box 851077
of the City of Richardson , County of Dallas
and State of Texas , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds bearing even
date herewith, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
Specifications as outlined in RFSP 1596 and Tech Plan's
response to said RFSP and Schedule A which is attached.
and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; 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 work specified above, in accordance with the conditions and
prices stated in the Proposal attached hereto, and in accordance
with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids),
Instructions to Bidders, and the Performance and Payment Bonds, all
attached hereto, and in accordance with the plans, which includes
;N.sil
all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications
therefore, as prepared by Corrigan Associate Architects
and City of Denton Staff ,
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Independent Status
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
I JrHL)
ATTEST:
Tech Plan
CONTRACTOR
Title
(SEAL)
APPROVED AS TO FORM:
City Attorney
AAA0184D
CA - 3
SCHEDOLek
SCOPE OF goRK
« work- will w 9Aiw as m1.dinR P'See: thea response bR PSy
m car he starred an Mamh %lm4and must be completed 2 BDO u« 2199¢
e +mW QaGWe the todo,.ving:
— — �— — ----- — — — — --
� -- �
TECH
; TE 9
PLANj
--�---...—�----.may.
Rmedmmeg
y 9d
IIe;m zpoe
2176
E. . etrarOff
qo
UPS
14ME
cleneraw
%2q
PSSand :nst 6&e
t2c
, Condloner&) a.
« ?q
e
weaceE�o 2
2:50
se:w 9a: c
0440
SUS L1
+2s
Ration 3& GeuQ1
225
sD&. 0&e :Sc eri
«n
sum C L2
q.aF
ALLO' A CES
Ailo4%m»: )
PER" ;S$
Ad payments be made. Ae«mP se ik anu =eotirr7ebyDecGe n
Addendum to RFSP 1056
March 8, 1994
It is proposed the performance bond be removed as an item from the contract as outlined on
Schedule A in RFSP 1056 and a deduct of $3,250.00 be applied to the contract total. This
would revise the price for the total room build up to $84,756.00. It also appears the time to
execute the performance bond would delay the project beyond the proposed start date.
Contractor
By
Arceptf& bt Uwner
a
3�l/ ¢ 3//G/y V
Date Date
COMPUTER RELATED
— SERVICES
U.H.W. Corporation
1540 Selene Drive, Suite 118
Carrollton, Texas 75006
214/242-0040 • 800/969-3090
FAX 214/323-0444
-SALE OF PRE -STAGED EQUIPMENT AGREEMENT -
SELLER: PURCHASER:
UHW CORPORATION CITY OF DENTON
1540 Selene Drive, Ste. 118 901-B Texas Street
Carrollton, TX. 75006 Denton, Texas 76201
Attn: Cavin Higginbotham Attn: Gary A. Collins
Phone: (214) 242-0040 Phone: (817) 566-8562
1. The SELLER agrees to sell, and the PURCHASER agrees to purchase, the
equipment listed below ("the Equipment").
Test, Stage, Refurb, Deliver and Install.
1 x 4381-T91E
2 x 3880-G23
3 x 3380-AE4
3 x 3380-BE4
UHW Corporation shall purchase the following equipment based upon sale of
Pre -Staged Equipment.
1 x 4381-P14
1 x 3880-003
1 x 3380-AA4
1 x 3380-B04
1 x 4361-005
3 x 3370-001
3 x 3370-002 (One is Memorex)
UHW Corporation shall perform physical move of Data Center based upon
response to RFSP #1596, not including install and disco of equipment.
Sales Price: $58,000.00
Sales Tax: N/A
Total: $58,000.00
Sales Tax Exemption Number: 75-6000-514
2. TERMS OF PAYMENT: Due upon installation completion of listed equipment.
3. Title of the Equipment is to remain vested in SELLER the sales price
thereof shall have been paid. Failure to pay the sales price of any
Equipment when due shall give the SELLER the right, without liability, to
repossess the Equipment with or without notice, and to avail itself of any
legal remedy. In the event that PURCHASER fails to pay for the Equipment
when due, and SELLER elects to repossess the Equipment, SELLER shall be
entitled as liquidated damages, and not as a penalty, to twenty per cent
(20%) of the sales price of such Equipment. If the amounts due to SELLER
from PURCHASER hereunder are not paid when due, there shall be added to the
amount due to SELLER hereunder the amount of all attorneys fees actually
incurred by SELLER in collecting such amounts or in repossessing any
Equipment.
4. The prices above are F.O.B. 601 Hickory Denton Texas 76201
All transportation, rigging, and drayage charges shall be paid by UHW
Corporation. All charges for and incident to the installation of the
Equipment shall be paid by UHW Corporation.
5. There has been or shall be added to the prices shown above amounts equal
to any taxes, however designated, levied or based on such prices or on this
Agreement or the Equipment, including state and local privilege, excise, sale
or use taxes based on gross revenue, and any taxes or amounts levied thereon
paid or payable by SELLER in respect of the foregoing, exclusive, however, of
taxes based on net income. Any personal property taxes assessable on the
Equipment after delivery to the freight carrier shall be borne by the
PURCHASER.
6. SELLER warrants that at the time of delivery, the Equipment will qualify
for a Manufacturers Maintenance Agreement, if so stated above, and that it
shall have good title to the Equipment free and clear of all liens, claims,
and encumbrances. SELLER MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED; AND ANY
WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE IS HEREBY
DISCLAIMED BY SELLER AND EXCLUDED FROM ANY AGREEMENT MADE BY ACCEPTANCE OF,
OR ORDER PURSUANT TO, THIS OFFER, SELLER SHALL NOT BE LIABLE FOR ANY
incidental or consequential damages, or for any loss or expense arising from
the use or the inability to use the Equipment for any purpose whatsoever.
SELLER'S liability shall not in any event, exceed the contract price for any
malfunctioning item of the Equipment.
7. The SELLER reserves a purchase money security interest in the Equipment
listed herein in the amount of the sales price. This interest will be
satisfied by payment in full by PURCHASER. A copy of this Agreement may be
filed with appropriate state authorities at any time after signature of the
PURCHASER as a financing statement in order to perfect the SELLER'S security
interest. Such filing does not constitute acceptance of this Agreement by
SELLER. Prior to payments in full of the sales price, at the request of
SELLER, PURCHASER will execute financing statements satisfactory to SELLER
covering the Equipment. PURCHASER will not, and will not attempt to sell or
transfer any of the Equipment prior to payment in full of the sales price.
8. This Agreement shall be governed by the laws of the State of Texas. This
Agreement constitutes the entire agreement between the SELLER and PURCHASER
with respect to the sale of the Equipment listed above and no statement not
contained in this Agreement shall be binding upon the SELLER as a warranty or
otherwise. The foregoing terms and conditions shall prevail notwithstanding
any variance with the terms and conditions of any order submitted by the
PURCHASER in respect of the Equipment.
9. Prior to delivery of the Equipment, SELLER shall have the right to
substitute for any item or items of the Equipment, an item or items of the
same type and model, provided that any such substituted item or items shall
be subject to the Manufacturers Maintenance Agreement, if so stated above.
10. Within ten (10) days of delivery of the Equipment to PURCHASER,
PURCHASER shall notify SELLER in writing of any defects or non -conformities
in the Equipment. Failure to so notify SELLER shall constitute PURCHASER'S
acceptance of the Equipment.
11. This agreement shall not be effective unless signed by PURCHASER and
received by SELLER at its office above, within ten (10) days of the date
hereof.
12. MISCELLANEOUS:
ACCEPTED BY SELLER: ACCEPTED BY PURCHASER:
UHW CORPORATION CITY OF
BY: Cavin Higginbotham
TITLE: Senior Vice President
DATE: February 23, 1994
BY " LLOYD V. HARRELL
TITLE CITY MANAGER
DATE MARCH 8, 1994