1994-031AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL 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 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
recommended that the herein described proposals are the best responsible proposals
for the materials, equipment, supplies or services as shown in the "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 ITEM
NUMBER 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 III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the // . day of ~, 1994.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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
Telephone System $ 28~386.98
Total Award $156,191.81
sUMMARY: The proposal is to furnish and install the required new telephone
switchgear,wlrmg 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.
lo S~dectf~ully pu~bmitted :.~
V. Harrell ~/
City Manager '~
Approved:
Name: Tom~D. Shaw,C.P.M.
Title: Purchasing Agent
465 .AGENDA
CITY of DENTON, TEXAS 215 E, McKINNEY / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200
~J_~.M__.Q. I{ A N D U ri
DATE: Febr'uo.~'y 23, 1994
TO: Lloyd Hacrcl] , City
FI{OM: Ga~'y A, Col] ins;, l)ipet:t >l' of lnl,,~'mal i~,n Se~'vice~
SUBJECT: Telephone PBXs.
We al'e r'ecomlnelldi~lg that thc C] [, t) f Deuton pu~'t'ha:.ed
Telephone Mez'id[an S]I from GTE for both the
~ xceed $132,387 f'or' the DMC an,l ~i [ [ [lo~ eNo:ced $28~390
:5=r'rlo]d l,]mited. The funds for' th~, I>BX aL lite !)bl~ is budgeted
~'onovaliion arid glove Lo DblC p~'oj*,,.'t ~md the fundN
,omc ['r'om the Uti] i Ly Ftlllds. [3oLh (:, [' ~}lpat, ~ { oilier; afc tlrldof
t-t, spective proposed budgets.
i,~'oject. If yotl }l;~ve all}' qtl~:st, i~,ns o~ ! can be ~1' fTut
'~h, rv~'k. Colli~ s
Di~'ectop of Information Se~'vice.
COMPARISONS
OF RFSP
FOR TELEPHONE SYSTEMS
ITEM DESCRIPTION GTE TONE BELL
, DMC
MAiN SWITCH (Installed) 24,877.06 75,866.00 62,353.96',
WIRING 34,189.59 I lA 13,187.50
ADDITIONAL CARDS & INSTALL 8,830.47 2,420.001 2,420.00
8 HR UPS I / A 5,988.00 i I / A
T1 ASSEMBLY I/A 5,483.00! I/A
MOVE FIBER TERMINATION 1,013.00 I / A i I / A
TOTAL FOR DMC 68,910.12 89,757.00i 77,961.461
OPERATIONS GTE MUST DO
REMOVE 25 #S FROM CH 660.00 66Q001 660.00
iCLEAR/REMOVE POLICE #S 2,640.00 2,640.00i 2,640.00
1RELEASE 19 UPGRADE CH 22,227.80 22,227.80 22,227.60
!IRELEASE 19 UPGRADE SC 3,860.79 3,860.79 3,860.79
!RELEASE 19 UPGRADE PP 3,860.79 3,860.79 3,860.79
GTE MUST DO TOTAL 33,249.38 33,249.38 33,249.38
INFOTEXT UPGRADE
UPGRADE OS TO OS PLUG 1500 2,895.33 2,895.33 2,895.33
INSTAMAC STATION ADMIN 3,950.00 3,950.00 3,950.00
INSTAMAC MER MAIL ADMIN 2,675.00 2,875.00 2,675.00
F'RAUD ALERT INSTALLATION 400.00, 400.00 400.00
MULTI SITE SOFTWARE 3,000.00 3,000.00 3,000.00
INFOTEXT UPGRADE TO'f 13,120.331 13,120.33 13,120.33'
DMC GRAND TOTAL 115,279.83 i136,126.71124,331.17
14"CONDUIT FROM GEN CONT 2,750.001 2,750.00 2,/50.00[
CONSULTING FEES 8,525.001 8,525.00 6,525.00
486 33 PC (COMPUSA) 1,000.00! 1,000.00 1,000.00
ISYGA MONITOR (COMPUSA) 250.0,0, i 250.00 250.00i
L. D~._C P_R..O_.J__E_(~.T__~GRAN~D-~TO~T--AL 127 804.83~!__4_8,6___5~1:71 36,8_5__6_.!7
w-AS-~ E W ~,~'~-R- ~ ~ ~-T~E~ - - '
MAiN SWITCH & PHONES 24,'197.45 25,835.00 21,727.231
AMPLIFICATION COST/DISC (t,250.001)I/A I/A
'INSTALLATION 3,952.50 I/A 6,805 00 i,
UPS I/A 2,420.00 I/A
NEW PAGING SYSTEM ~ 1,487.03 2,380.00 DNB
..... .W_A~E_~/AT~R_._._T_._O_T~_L_ .... 28,386.98 30,_4_3:5:0_0 28.53~2.231
SUMiViARY
COiVtPARISONS
OF RFSP
FOR TELEPHONE SYSTEMS
.................................. ~- ....... '~-E~E-(~ U-' ~ ~-' ~W
ITEM DESCRIPTION ~ GTE / TONE BELL
DMC PROJECT GRAND TOTALI127 804.83 148651.71 136,856.171
~TV-~E ~/-A-T~R TOTAL ~_-~8,386.98 __.3_0_.!~35.0(~]__2_8,_53_2_.2_3_!
* Does not include fiber optic run between wiring closets in DMC
DATE: MARCH l, 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. Teeh Plan Inc. - Room design and buildup $ 88,006.00
2. UHW Inc. - Move and pre-stage equipment $ 58,000.00
$146,006.00
SUltRY: 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.
PROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED: Information Services
Activities and Denton Municipal Center.
FISCAL IMPACT: This relocation will be funded from DMC Bond funds. The project
will remain within budget guidelines.
e s. p ~c~u172~b mi~2~.'
City Manager
Approved:
Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
464 .A~ENDA
CITY of DENTON, TEXAS 216 E, McKINNEY / DENTON, TEXAS 76201 / TELEPHONE (817) 566-6200
DATE: Febr'uar~ 23, 1994
TO: Lloyd Harre]l, City
FROM: Gary A. (oil:ins, Di~'e<:to~' of ~ufc~r'm~t~ou
SUBJECT: Coinputer Room Buildout ~(i ~iovc
oLher departmeut~, incLudihg t h~ i i/n'ary a~,l ~'e~,umu n,.~m;~l
Ol_,erat]ons by 8:00 AM Monday morning. ! am ~e,:ommend
l~eno~,al:.i, on and Hove project: for t:he 1)HC.
< f' t:he three vendors thai rest)oo~l~'rJ to Lh i S RFP. I
(;a~:'" :- A~:- Coil .................................
Director of
COMPUTER RO0~ ~OVE
I ITEM I PLAN UHW i IBM
R£GOMMENDATION
~UHW Move & Prestage 58,0001
~Recommended Total ~ 46,006
~L~ser ~rinter (Xerox) ] ,08]
COMPUTER ROOM MOVE
TECH .............
ITEM PLAN LJHW I I~_~
~'~]~e-'(~--t~i~o~rin--~- ........... 10,180 -'-~)~'i~
Cables for Equipment 2,176 3,647
Emergency Power Off 680
UPS 14,895
Generator 31,260 I 45,190
PDU and Installation 5,120 i O i
Air Conditioner & Installation 11,830 i 22,435
Performance Bond 3,250 0
Sliding Glass Door 6,940 129,840 4,02
5
SUBTOTAL1 86,331 131,852
Partition Wall (Security) 2,5151 2,244
8 Duplex OUtlets (Security) 4101 ' 385
134,461
SUBTOTAL 2 89,256 129,840
ALLOWANCES
(16,025~
Air Conditioning (750',
POU (500; ...... ~/A
TOTAL ROOM BUILD UP 88,006
Equipment & Furniture Move 7,185 5,000 14,330
Coordination Charges ~ 1,847
Prestage CPU & Disk 55,000 55,000 55,000
Credit for Old Equipment (2,0001 ~_,0~0_0~I, _~2,~0_~00~
TOTAL MOVE & PRESTAGE 60,185 58,0001 69,177,
GRAND TOTAL ~-"'-"~,~;I-§~" =~]~,,-8~=~i--~,~
;rECOMMENDATION
'ech Plan Room Build Up 88,006
IHW Move& Prestage 58,000
Recommended Total 146,006
Laser Printer (Xerox) 1,081,
Project Tota
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 Irvinq , 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 agree~ 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.
A~.~S T:
(SEAL)
ATTEST:
~/k~, ~_~5~ GTE Southwest Incorporated
~...q-. ,.,,~, ,....,,~
(SEAL)
APPROVED AS TO FORM:
C~'~y Attorney
AAA0184D
CA - 3
SCHEDULE A
8.,OPE OF WORK
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
The work to be peiTormed is the following:
i DMC I
~iMAIN SWITCFI (Installed) !24,677.06!
iW~RING 34,189.59
iADDITIONAL CARDS & INSTALL 8,830.47
18 HR UPS I/A
!T1 ASSEMBLY I / A
M~OYE FIBER TERMINATION 1,013.00!
TOTAL FOR DMC 68910.12'
)PERATIONS GTE MUST DO
P, EMOVE 25 #S FROM CH 660.00
CLEAR/REMOVE POLICE #S 2,640.00
RELEASE 19 UPGRADE CH 22,227.801
RELEASE 19 UPGRADE SC 3,860.79
RELEASE 19 UPGRADE PP 3,860.79t
, GTE MUST DO TOTAL o3,249.38
i,~NFO'I"EXT UPGRADE
~ (7'
!UPGRADE OS TO OS PLUo 1500 2,895.33
iINSTAMAC STATION ADMIN 3,950.001
INSTAMAC MER MAIL ADMIN 2,875.00'
FRAUD ALERT INSTALLATION 400.00i
MULTI SITE SOFTWARE 3 000.00 i'
INFOTEXT UPGRADE TOT 13,120.33
DMC GRAND TOTAL
I, MAIN SWITCH & PHONES 24,197.45i~
!AMPLIFICATION COST/DISC (1 250,00)i
INSTALLATION 3,952,50 i
' U PS I/A
NEW PAGING SYSTEM ~,487.03
W A_S_T E~_ _vv_A .T_E_ R~ ~9 T_AL_ ......
All payments will be made after completion of work and acceptance by
the City of Denton.
Bo~Ho. 276~95
PERFORMANCE BOND
STATE OF TEXAS S
COUNTY OF ~ ,,~... ~
KNOW ALL ME BY THESE PRESENTS: That __Gr~.Sou~e~t,
, of the City of J~u2a~ ..
County of *pa/~n~ , and State of
as PRINCIP~, and SEA~0A~S~
, as S~Y, authorized ~der the laws of
the State of Texas to act as surety on bonds for principals, are
held and fi~ly ~d unto the C~ o~
as 0~, in the penal sum of One ffu.~fo~T~ee
~,~eu~a~a,/;00 ......... Dollars ($ ;4~678.0~ ) for the
pa~ent whereof, the ~aid Principal and Surety hind themselves, and
their heir~, a~inistrators, executors, $~ocessors and assigns,
jointly and severally, by ~ese present~:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the, 1At , day of U~eh ,
19 94, for the construction of Z .e~ PA~X'~, *PUC u~,OJ..~, moue ~Zb~,unux.
~ PABX upg~, ~.~o~ Upg~e.
which contract is hereby referred to and made a part hereof as
fully and to the same e~ent as if copied at len~h herein.
NOW, ~EFO~, ~e condition of ~is obligation i~ such, that
if the said.principal ~hall faithfully perfo~ said Contract and
shall in all respects, conditions and agreementz in and by said
contract agreed and covenanted by the Principal to be observed.and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; othe~ise to remain in full force and
effect;
PROVIDED, HOWLER, that thi~ bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutos of Texas
as amended by acts of the 72nd Legislature, Re~lar Session, 1991,
and all liabilitie~ on this bond ~hall be dete~ined in accordance
with the provision~ of said Article to the same extent a~ if
were copied at length herein.
PB - 1
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
S~rety, for value recsived, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work p.erformed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this Z$~h day of ~h
19 94_.
Gr~ sOurff~sr. I~c. SEA~0A~ S~rV CO~A~V
Principal surety
Title... Title Atto~neq-Z,-F=~t
Address:... Address: 8144 Walm~t fi. LiP. La. ne,, .S/ce..1199
(SEAL)
The name and address of the Resident Agen~ of SuretyAs.' ·
Thorne,6 ~... Ro~e,'~, ~144 ~a.~,u~t fi. ill. La. ne, Suite. 1199, ~aifm~, TX 75f4~
NOTE: Date of Bond must not be prior to date of Contract.
AA~O184D
PB - 2
Vice-President:
ersonally apPear~d
For verification oftheauthe Y ............. ~h-~ ~. ,~,~.~,-~, ~t,,~ ,, , '~ atfached In New York Di.~I 212-627-5444.
STATE OF TEXAS
COUNTY OF
CONTRACT AGREEMENT
DENTON §
THIS AGREEMENT, made and entered into this 1st
March A.D., 1994 , by and between
The City of Denton
day of
of the County of Denton and State of Texas, acting
through Lloyd V. Harrell
thereunto duly authorized so to do, hereinafter termed "OWNER," and
Tech Plan
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
CA - 1
all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications
therefore, as prepared by
Corriqan 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.
City of~Denton
(SEAL)
ATTEST:
APPROVED AS TO FORM:
Tech Plan
CONTRACTOR
Title
(SEAL)
City Attorney
AAA0184D
CA - 3
SCOPE OF WORK
~'.. worn \,!,'ill b~ p~:,v~.~d as ou~ined m , ,, ._'.r- ~5=6 o,,,.~ L,,~. ~=sp~ to RFSP
'"' ..... *' ' by ., ~.o *
, ,ld-~ be corns eted ~
.R~ised Flooring 10 ~ 80
Z;ablcs for '-- ..... '~ '
_ ~_qL,,?n,~r~, 2176
e~o, n,.ac~ Bond 3,250
.... Giass 6 940
S U 9 TO TALi 8 6,33'i
~amton LA/ah '~ ' '
,o .... tit. i
ALLOWANCES
Ai~ 'Co?,dit~onin?
Addendmn 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
Date "~./~//~
By
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
--S~1~T.!~- OF PRE-STAGED EQUIPMENT AO~REEMENT-
SELLER:
PURCHASER:
UHWCORPORATION
1540 Selene Drive, Ste. 118
Carrollton, TX. 75006
Attn: Cavin Higginbotham
Phone: (214) 242-0040
CITY OF DENTON
901-B Texas Street
Denton, Texas 76201
Attn: Gary A. Collins
Phone: (817) 566-8562
1. The SELLER agrees to sell, and the PURCHASER agrees
equipment listed below ("the Equipment").
Test, Stage, Refurb, Deliver and Install.
1 x 4381-TglE
2 x 3880-G23
3 x 3380-AE4
3 x 3380-BE4
to purchase, the
UHW Corporation shall purchase the following equipment based upon
Pre-StagedEquipment.
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
response to RFSP #1596, not including install and disco of equipment.
sale of
upon
Sales Price:
Sales Tax:
Total:
$58,000.00
N/A
$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
Corporation. All charges for and incident to the installation
Equipment shall be paid by UHW Corporation.
by UHW
of the
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: UHW Corporation will meet delivery within 30 days from
receipt of City of Denton's Purchase Order. UHW Corporation will perform
relocation work as specified in RFSP ~1596 and UHW Corporation's Response to
said RFSP %1596.
ACCEPTED BY SELLER:
UHW CORPORATION
BY: Cavin Hiqginbotham
TITLE: Senior Vice President
DATE: February 23, 1994
ACCEPTED BY PURCHASER:
TITLE CITY MANAGER
DATE MARCH 8, 1994