HomeMy WebLinkAboutContract 55959 CSC No. 55959
PURCHASE OFA LIEBERT UPS SYSTEM INSTALLATION AND START-UP SERVICES AGREEMENT
This PURCHASE, INSTALLATION AND SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH(the"City"), a home rule municipal corporation situated in portions
of Tarrant, Parker, Denton, and Wise Counties, Texas, as executed by Dana Burghdoff, its duly authorized Assistant
City Manager, and DataSpan Holdings, Inc. ("Vendor"), a Texas Corporation, as executed by John J. Bates, its duly
authorized Vice-President of Operations, each individually referred to as a"party" and collectively referred to as the
"parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for the purchase of Liebert UPS System,which shall include the Liebert UPS,Battery Cabinet,
Bypass Cabinet, Electrical Installation, Start-up Services and Warranty as fully described in Exhibit"A"
2. Exhibit"A": Scope of Services Specifications and Requirements
3. Exhibit"B": Vendor's Guaranteed Unit Prices
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In the event
of any conflict between the documents,the terms and conditions of this Purchase and Services Agreement shall control.
1. SCOPE OF SERVICES.
Vendor hereby agrees to provide the City with a Liebert UPS System,which shall include the Liebert
UPS, Battery Cabinet, Bypass Cabinet, Electrical Installation, Start-up Services and Warranty as fully described
in Exhibit"A"with a three(3)year warranty and preventative maintenance and repair services for the City of
Fort Worth.Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit"A," Scope
of Services Specifications and Requirements.
Vendor warrants that it will exercise reasonable skill,care and diligence in the performance of its services and
will carry out its responsibilities in accordance with customarily accepted professional practices and applicable laws.
2. TERM.
This Agreement shall begin on the date it is completely executed and shall expire on July 31, 2025, unless
terminated earlier in accordance with this Agreement("Initial Term").
3. COMPENSATION.
The City shall pay Vendor in accordance with the fee schedule in accordance with the provisions of this
Agreement and Exhibit`B"—Unit Prices. The not to exceed amount of the Agreement shall be Nine-Eight Thousand
Dollars($98,000.00)to include installation within six(6) months of Vendor receiving a purchase order and three (3)
years of warranty for parts and labor with full preventative maintenance and repair. Vendor shall not perform any
additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and
approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor
not specified by this Agreement unless City first approves such expense in writing.
4. TERMINATION.
4.1. Written Notice.
The City or Vendor may terminate this Agreement at any time and for any reason by providing the
other party with 30 days written notice of termination.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
4.2 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any
payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on
the last day of the fiscal period for which appropriations were received without penalty or expense to the City
of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall
have been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date,the City shall pay Vendor
for services actually rendered up to the effective date of termination and Vendor shall continue to provide the
City with services requested by the City and in accordance with this Agreement up to the effective date of
termination.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Vendor hereby warrants to the City that Vendor has made full disclosure in writing of any existing conflicts of
interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the
Effective Date of this Agreement, Vendor hereby agrees promptly to make full disclosure to the City in writing upon
its first knowledge of such conflict. Vendor,for itself and its officers,agents and employees,further agrees that it shall
treat all information provided to it by the City as confidential and shall not disclose any such information to a third
panty without the prior written approval of the City, except to the extent that such disclosure is required by applicable
law or court order and then only after prior notice to and consultation with the City. Vendor shall store and maintain
City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise
corrupt City Information in any way. Vendor shall notify the City promptly if the security or integrity of any City
information has been compromised or is believed to have been compromised.
6. RIGHT TO AUDIT.
Vendor agrees that the City shall, until the expiration of three (3) years after final payment Under this
Agreement,have access to and the right to examine at reasonable times any directly pertinent books,documents,papers
and records of the Vendor involving transactions relating to this Agreement at no additional cost to the City. Vendor
agrees that the City shall have access during normal working hours to all necessary Vendor facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this
section. The City shall give Vendor at least five(5)business days' advance notice of intended audits.
Vendor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that
the subcontractor agrees that the City shall, until expiration of three (3)years after final payment of the subcontract,
have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records
of such subcontractor involving transactions related to the subcontract, and further that City shall have access during
normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order
to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice
of intended audits.
The audit rights conferred by this section shall not permit the City to access records related to the pricing of
fixed-price or lump sum amounts,the build-up of agreed rates or unit prices,or Vendor's estimating records.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights
and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance
with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its officers,agents,servants,employees,
contractors and subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as
between the City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
contractors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Vendor.
8. LIABILITY AND INDEMNIFICATION.
VENDOR SHALL RELEASE,DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS
OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES,
DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES AND
EXPENSES, FOR PERSONAL INJURIES (INCLUDING DEATH) AND THIRD-PARTY PROPERTY
DAMAGE TO THE EXTENT CAUSED BY THE NEGLIGENT ACT OR OMISSION OF VENDOR, ITS
OFFICERS,AGENTS,EMPLOYEES,OR SUBCONTRACTORS IN THE PERFORMANCE OF SERVICES
UNDER THIS AGREEMENT. THE VENDOR SHALL NOT BE OBLIGATED OR LIABLE TO THE CITY
FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEPT ITS OWN
NEGLIGENCE THAT IS THE FAULT OF THE VENDOR, AND/OR ITS AGENTS, EMPLOYEES, OR
SUBCONTRACTORS,OR OTHERS FOR WHOM VENDOR IS LEGALLY RESPONSIBLE.
NOTWITHSTANDING THE FOREGOING, VENDOR AGREES, TO THE FULLEST EXTENT
PERMITTED BY LAW,TO INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS,AGENTS
AND EMPLOYEES AGAINST COSTS, DAMAGES, OR LOSSES, INCLUDING REASONABLE
ATTORNEYS' FEES AND EXPENSES, RESULTING FROM CLAIMS BY THIRD PARTIES FOR
PERSONAL INJURIES(INCLUDING DEATH)OR PROPERTY DAMAGE TO THE EXTENT CAUSED BY
THE NEGLIGENT ACTS OR OMISSIONS OF VENDOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. VENDOR
SHALL NOT BE OBLIGATED TO DEFEND OR INDEMNIFY CITY AND ITS OFFICERS,AGENTS AND
EMPLOYEES FOR THEIR RESPECTIVE NEGLIGENCE OR WILLFUL MISCONDUCT.
9. ASSIGNMENT AND SUBCONTRACTING.
Vendor shall not assign or subcontract any of its duties,obligations or rights under this Agreement without the
prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written
agreement with the City and the Vendor under which the assignee agrees to be bound by the duties and obligations of
Vendor under this Agreement, and Vendor shall have no further liability or obligations under the assigned portion of
the Agreement. If the City grants consent to a subcontract, the Vendor shall require such subcontractor to execute a
written agreement with the Vendor referencing this Agreement and requiring subcontractor to be bound by duties and
obligations substantially similar to those of the Vendor under this Agreement as such duties and obligations may apply
to the subcontractor's scope of services. The Vendor shall provide the City with a fully executed copy of any such
subcontract upon request,with any financial and proprietary information redacted.
10. INSURANCE.
Vendor shall provide the City with certificate(s)of insurance documenting policies of the following coverage
limits that are to be in effect prior to commencement of any services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Bodily injury per person
$500,000 Bodily injury per occurrence
$100,000 Property damage
Coverage shall be on any vehicle used by the Vendor, its employees, agents, representatives
in the course of the providing services under this Agreement. "Any vehicle" shall be any
vehicle owned, hired and non-owned.
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with statutory
benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq., Tex. Rev. Civ.
Stat.)and policy limits for Employers'Liability of$100,000 each accident/occurrence,$500,000 bodily
injury disease policy limit and$100,000 per disease per employee.
(d) Professional Liability(Errors&Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the Commercial
General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is
acceptable if coverage meets all other requirements. Coverage shall be claims-made, and
maintained for the duration of the contractual agreement and for two (2) years following
completion of services provided. An annual certificate of insurance shall be submitted to the
City to evidence coverage.
10.2 Certificates.
Certificates of hlsurance evidencing that the Vendor has obtained all required insurance shall
be delivered to the City prior to Vendor proceeding with any services pursuant to this Agreement.All
policies except Workers' Compensation and Professional Liability shall be endorsed to name the City
as an additional insured thereon,as its interests may appear. All policies except Professional Liability
and Employer's Liability shall contain a Waiver of Subrogation for the benefit of the City of Fort
Worth. The term City shall include its employees,officers,officials,agent, and volunteers in respect to
the contracted services.Any failure on the part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirement. A minimum of thirty (30) days' notice of
cancellation of coverage shall be provided to the City. Ten(10)days' notice shall be acceptable in the
event of non-payment of premium. Such terms shall be endorsed onto Vendor's insurance policies.
Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton,Fort Worth,Texas
76102,with copies to the City Attorney at the same address.
10.3 Waiver of Subrogation for Property Insurance.
The City and Vendor waive all rights against each other and their officers,officials,directors,
agents, or employees for damage covered by builder's risk insurance during and after the completion
of Vendor's services. If the services result in a construction phase related to the project, a provision
similar to this shall be incorporated into all construction contracts entered into by the City, and all
construction contractors shall be required to provide waivers of subrogation in favor of the City and
Vendor for damage or liability covered by any construction contractor's policy of property insurance,
including builder's risk provided by such contractor, if applicable.
11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS.
Vendor agrees to comply with all applicable federal,state and local laws,ordinances,rules and regulations. If
the City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall promptly desist
from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Vendor,for itself, its personal representatives,assigns, subcontractors and successors in interest,as part of the
consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it shall not
discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been
delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered
by facsimile with electronic confirmation of the transmission,or(3)received by the other party by United States Mail,
registered, return receipt requested, addressed as follows:
To The CITY: To VENDOR:
City of Fort Worth DataSpan Holdings, Inc.
Attn: Chris Harder,PE, Water Dept. Director Attn: John J Bates, Vice-President, Operations
200 Texas Street 13755 Hutton Drive,#300
Fort Worth TX 76102-6311 Farmers Branch,TX 75234
Facsimile: (817)392-8654 Facsimile: (866)914-5686
14. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement,the City does not waive or surrender any of
its governmental powers.
15. NO WAIVER.
The failure of the City or Vendor to insist upon the performance of any term or provision of this Agreement or
to exercise any right granted herein shall not constitute a waiver of the City's or Vendor's respective right to insist
upon appropriate performance or to assert any such right on any future occasion.
16. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie
in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,
Fort Worth Division.
17. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired.
18. FORCE MAJEURE.
The City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth
in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other
causes beyond their reasonable control (force majeure), including,but not limited to,compliance with any government
law,ordinance or regulation,acts of God,acts of the public enemy,fires,strikes,lockouts,natural disasters,wars,riots,
material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes.
19. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of
this Agreement.
20. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that
the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not
be employed in the interpretation of this Agreement or exhibits hereto.
21. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No extension,modification or amendment of this Agreement shall be binding upon a party hereto unless such
extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized
representative and delivered on behalf of such party.
22. ENTIRETY OF AGREEMENT.
This Agreement contains all of the covenants,statements,representations and promises agreed to by the parties.
To the extent of any conflict, this Agreement supersedes the terms, conditions, and representations set forth in the
City's Request for Proposals,Vendor's Proposal and revised cost. No agent of either party has authority to make,and
the parties shall not be bound by,nor liable for,any covenant,statement,representation or promise not set forth herein.
The parties may amend this Agreement only by a written amendment executed by both parties.
23. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement
on behalf of the respective party,and that such binding authority has been granted by proper order,resolution,ordinance
or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in
entering into this Agreement.
24. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is
prohibited from entering into a contract with a company for goods or services unless the contract contains a written
verification from the company that it: (1)does not boycott Israel; and(2)will not boycott Israel during the term of
the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's
signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2)will
not boycott Israel during the term of the contract.
Signature wage for Liebert UPS System
I-N WITNIi,,S,W13ER OF,this Agreement shall be deeuted fully executed and effective as of the date signed by
the City Secretary shown beloNk.
CITY OF FORT WORTH DATASPAN HOLDINGS, INC.
Dana Burghdoff(Jul 6,202 :09 CDT) J
Dana E3urghdoff Nat .lolm.1. Bates
Assistant City Manager -1"itle: Vicc-President.Operations
APPROVAL_RECOMMENDED:
aw_45l� HArd&r Date: T Z! 1 2_c)Z 1
}IV:Christopher Harder(Jun 23,202107:33CDT)
Chris Harder,P.E.
Director, Water
APPROVED AS TO FORM AND LEGALITY: Witness:
Chrisfop R. -E4ynolds
Christy R.Lopez-Reynolds(Jul 2,202113:14 CDT)
By;
Christa R, Lopez-Reynolds Name: _ OiN_.,.._ , �i�it/61L-
Sr.Assistant City Attorney Title: �
Date:
ATTEST: OiOFORrA�a
o
Fj�° °0�0.
CC�� ..° o_3y. Mary Kayser ^�v o T.,
gCity Secretary � o° �[
Date: Jul 7,2021 aa��EXASoAp�
No M&C"Requited
Contract Compliance Manager:
By signing 1 acknowledge that I am the person responsible for the monitorim)and administration of lhis contract,including
ensuring all performance and reporting requirements.
e
Patricia Stanley(Jun 22,20 r10:13 CDT)
Patricia E: Stanley
klanagement rtnalyst 11
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
SPECIFICATIONS FOR LIEBERT UPS SYSTEMS
1.0 SCOPE
l.1. The City of Fort Worth Water and Wastewater Central Laboratory(City) seeks bids from
qualified suppliers for the replacement of a Liebert UPS System, which shall include the Liebert
UPS, Battery Cabinet, Bypass Cabinet, Electrical Installation, Start-up Services and Warranty.
1.2. The purpose of the Liebert UPS Systems is to protect highly sensitive laboratory equipment in
preventing any power interruptions during critical analyses.
1.3. The submission of a quote by the bidder shall be considered evidence of compliance with the
requirements.
1.4. Unit price shall be inclusive all cost for the Liebert UPS System including hazardous handling
fee, fuel, fuel surcharge, travel and shipping/delivery charges. The City of Fort Worth also
reserves the right to order and be charged in the method that is most advantageous for the City.
No additional charges will be acceptedor paid by the City.
1.5. All items supplied resulting from this bid shall be of recent production, unused and suitable for
their intended purpose.
2.0 DURATION
2.1. The term of the Agreement shall be for(3)three-year period to include the purchase of the
Liebert UPS System, installation and service agreement. Installation to be completed within 6-
months of supplier receiving the purchase order.
3.0 DOCUMENTS
3.1. Operating Manuals
3.2. UL Product Certificate
4.0 DEFINITIONS
4.1. No Substitutions or Equivalent: product shall be supplied as the specific item by the originating
manufacturer and/or supplier.
4.2. UL Product Certificate/UL Listed: The National Electrical Code requires that all items installed
in a building be tested by an NRTL, generally that means UL listed. The product has been
tested by UL to nationally recognized safety and sustainability standards.
NO SUBSTITUTIONS OR EQUIVALENT
5.0 REQUIREMENTS FOR LIEBERT EXM SINGLE MODULE UPS SYSTEM
5.1. System Input Voltage of 480V, 60Hz, 3-Phase 3-Wire plus ground
5.2. System Output Voltage of 28/120V, #-Phase, 4-Wire plus ground
5.3. Fixed Capacity 40kVA UPS System
5.4. System to include 20kVA 208V redundant module
5.5. 208V Native Output Voltage
5.6. Single Input Configuration
5.7. IntelliSlot Unity Dual Protocol Card; Monitoring, configuration and environmental sensors
through stand-alone Web Ul.
5.8. Transformer-Free Architecture: Efficiency up to 95% in double conversion mode
5.9. Unity Power Factor Rating: Deliver more usable power per kVA
5.10. Load Power Factor Support: Supports loads 0.5 lagging to unity without derating
5.11. EOM [Energy Optimization Mode—Eco Mode]
5.12. 65kAIC Rating: Provides interrupting rating and labeling of 65kA
5.13. Active Power Factor Corrected IGBT Input Converter
5.14. PWM transistorized [IGBT] inverter
5.15. Continuous Duty Static Bypass Switch
5.16. Input Contacts: Dry contacts for functions including a permissive signal to maintenance
bypass SKRU, to trip external breakers, and other functions
5.17. Generator Load Control: Suppresses battery charging reducing power demand by an
external signal. Shifts unit from Eco Mode to double conversion (if applicable), and
synchronizes the inverter output with the bypass.
5.18. Automatic retransfer: Provides return to inverter power after an overload
5.19. DSP based controls: Provides digital control of power conversion and system operation
5.20. Backlit LCD display: Monitors power conversion, UPS operation and utility conditions.
Deviations are logged for troubleshooting
5.21. Temperature-Compensated Charging/Battery Load Test
5.22. Top-and-bottom-entry cable access
5.23. Front only service access
5.24. Local Emergency Power Off(EPO)
5.25. IP 20 enclosure
5.26. Casters and leveling feet
5.27. UL Listed to UL Standard 1778 4th Edition or current Edition
5.28. Liebert EXM Factory Services Certified Test Report
6.0 REQUIREMENTS FOR LIEBERT EXM BATTERY CABINET SYSTEM
6.1. 18 min @ 40 kVA, 1 -600 MM External Cabinet(s) of ENERSYS HX330-FR Batteries
6.2. 18 min: Run Time at Ordered KVA
6.3. BE-Alber Battery Monitoring Included.
6.4. BDSUi Control Module(s)
6.5. BDSUi Battery Module(s)
6.6. Cabinet Mounted Left Attached to Module
6.7. The battery with a 3 year full and 7 year prorated warranty
6.8. IS-UNITY-DP Card per Control Module.
7.0 REQUIREMENTS FOR MAINTENANCE BYPASS CABINET
7.1. 3 Switching Devices (BIB,MBB,MIB)
7.2. 175 Amp Breaker Trip Rating
7.3. Key Interlock(SKRU)
7.4. Cabinet Mounted Right Attached to Module with connecting cables factory supplied
7.5. 600 MM -23.6 inches Frame Size
7.6. 480V/208V Input Transformer Included
7.7. Front Access service design
7.8. Input Voltage of 480V, 60Hz, 3 Phase, 3 wire plus ground
7.9. Output Voltage of 208/120V, 3 Phase, 4 wire plus ground
8.0 REQUIREMENTS FOR SYSTEM STARTUP SERVICES
8.1. Startup shall include one site trip by an engineer after the UPS has been installed.
8.2. The site trip shall include the following services for UPS module:
8.2.1. Non-powered inspection
8.2.2. UPS electrical and operational checkout
8.2.3. Full parts and labor for any remedial work required on the UPS or battery cabinets
8.2.4. Customer operation training.
8.3. Startup shall include remedial onsite labor, parts, and travel for the full one-year warranty
period.
8.4. Startup 24x7 shall be scheduled at the City of Fort Worth designated time
8.5. MBC/BDC/Wall-Mount Panel Startup
9.0 REQUIREMENTS FOR LIEBERT EXM UPS ELECTRICAL INSTALLATION SERVICES
9.1. Furnish all labor and materials to provide the following Scope of Work:
9.1.1. On overtime basis [if applicable], disconnect existing UPS from service breaker.
9.1.2. Remove and haul off old UPS and battery cabinet.
9.1.3. Set new UPS and battery in place and bolt together.
9.1.4. Reconnect new UPS utilizing existing feed.
9.1.5. Furnish and install new 50A fuses inside existing fused I OOA bucket located in Main
gear.
9.1.6. Furnish and install one (1) new 42Ckt 225A 3 phase 4 wire GE panel board to double
existing available output distribution breakers.
9.1.7. New panel to be fed from existing UPS distribution panel.
9.1.8. Furnish and install all conduit and wire to locate new panel next to existing GE panel
board.
9.1.9. Furnish and install new conduit and wire from UPS distribution panel to existing 175A
GE panel board.
9.1.10. Assist with UPS start up as needed.
10.0 THREE (3) YEAR FULL PARTS AND LABOR WARRANTY WITH FULL PM
CONTRACT
10.1. Liebert Service Excellence Program for the UPS module
10.1.1. Preferred 7x24 with services, Single Module 40kVA/40kW EXM UPS
10.2. Liebert Service Excellence Program for the Maintenance Bypass unit
10.2.1. Preferred 7x24, EXM Peripheral
10.3. Liebert Service Excellence Program for the Battery system
11.0 DELIVERY
1.1. Supplier shall respond and supply requested products and services required during regular
business hours.
1.2. Unit price shall be inclusive all cost. The City of Fort Worth also reserves the right to order and
be charged in the method that is most advantageous for the City. No additional charges will be
accepted or paid by the City.
1.3. Delivery Addresses
CFW Water and Wastewater Central Laboratory
2600 SE Loop 820
Fort Worth, TX 76140
2.0 QUALITY ASSURANCE AND TESTING
2.1. All product under the Agreement shall be of recent production, unused and suitable for their
intended purposes.
2.2. UL Product Certificate
2.2.1. Suppliers will be required to provide the UL Certificate for product as evidence that it
meets a minimum set of regulatory, technical and safety requirements.
2.2.2. Any items requiring a UL Certificate will be subject to rejection, if not provided. The
supplier will be responsible for the return of rejected items.
3.0 SUBCONTRACTING: Vendor will not assign or subcontract any or all of itsrights or
responsibilities under this Agreement without the prior written approval of the City. Any purported
assignments without such approval will be a breach of this Agreement and void in allrespects.
4.0 INVOICING REQUIREMENTS
4.1. A properly prepared invoice shall be typewritten or computer printed and shall include the
Supplier's name and federal tax identification number, invoice number, address, date, service or
item description, unit price, extended cost, and City issued purchase order number.
4.2. Incomplete or inaccurate invoices will result in delayed payments, as they shall be returned to
the Supplier for correction and re-submittal with the current date.
4.3. All disputed invoices will be resolved and resubmitted within Five (5) business days from the
date of dispute. Invoices not returned will be subject to a CAR [corrective action].
4.4. Supplier shall not include Federal Excise, State or City Sales Tax on its invoices. City shall
furnish a tax exemption certificate upon Supplier's request.
4.5. Invoice will be processed upon completion and sign-off of installation.
EXHIBIT B
VENDOR GUARANTEED UNIT PRICES
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