RFB Special Provisions.pdf

RFB.SP.VI.2025 Page 1

SPECIAL PROVISIONS

(Special Instructions and Technical Specifications)

Special Provisions are deemed to be part of these Bid Specifications and shall supersede any conflicting term, requirement or condition in the Bid Specifications.

INTENT: To provide pricing agreement(s) for the purchase, full maintenance, service and repair of Uninterruptable Power Supply (UPS) systems and related equipment and services for various City of Oklahoma City Departments and Trusts.

The Contracting Entity has a number of existing UPS systems of varying sizes and complexities. Existing brands include, but are not limited to APC, MGE Comet, and Mitsubishi. Some brands do contain proprietary elements; however, most of the existing equipment is non-proprietary. The larger systems will require routine maintenance, battery replacement, etc. Written quotes will be obtained from contracted vendors on a case-by-case basis for preventive maintenance. In the event an existing system requires replacement, or a new system is required, quotes will be requested from all contracted vendors. Pricing submitted by contracted vendors on quotes must be based on the discounted bid price within the awarded pricing agreements.

The Contracting Entity is also seeking pricing on small UPS systems, batteries and equipment which do not require installation by the vendor, or an annual maintenance agreement, but do maintain a limited warranty.

The Contracting Entity anticipates this solicitation will result in a multiple award and encourages bidders to participate to the extent that they can.

• Vendors providing small, under-desk units will not be expected to provide pricing on the larger data center type UPS systems or installation and service.

• Vendors providing the larger systems will not be required to provide pricing for smaller systems to be considered for an award.

• Vendors providing batteries for small to medium sized UPS systems are encouraged to bid these items under the repair parts and services.

ON-SITE LABOR:

This shall include on-site labor for equipment installation, configuration, and repair, to include wiring -hourly rates for on-site installation and repair services. All additional service charges, minimum number of hours per call, etc., must be clearly noted or will be contractually assumed not to exist. Note that insurance requirements do apply to on-site work. Identify the brands and types of equipment that you install and repair on the Technical Questionnaire.

INSTALLATION AND WARRANTY:

Please include complete installation and warranty pricing in your bid. Include on-site maintenance and "after warranty" pricing.

Vendors of in-place Contracting Entity equipment and independent contractors shall submit pricing for on-site labor for equipment installation, configuration and repair of the equipment categories covered in this bid.

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TRIP FEE CHARGE:

It is anticipated that all work done under this contract will be located within the extended Oklahoma City Metro area. No trip fee charges will be allowed which charge the City for a trip fee based upon the distance from the vendor's place of business to the City location. Should a need be determined for a project that is more than 30 miles from downtown Oklahoma City, (address 100 N Walker Avenue Oklahoma City Oklahoma, 73102), a trip charge may be considered, if a flat fee is provided in the line-item pricing area of the electronic bidding system.

FUEL FEE CHARGE:

The Contracting Entity will not pay any additional fuel charges not specifically included in your bid. The Contracting Entity will consider a fuel fee charge based on the price of gasoline, but only if it is submitted at the time of your bid. (For example: If the price of gasoline is $4.50 or more per gallon in Oklahoma City, then a fuel charge of $7.00 will be added per trip, (per Purchase Order); if it is $5.50 or more, a fuel charge of $8.00 will be added per trip, (per Purchase Order)

DISMANTLING AND REMOVAL OF THE EXISTING UPS.

• Vendor will be required to de-commission, haul away and dispose the existing UPS system, including the battery.

• The UPS will be systematically switched off before disconnection.

• The disconnection of existing UPS will be made without causing any power outage to the data center units. This will be done only after the new UPS is operational and ready to support the critical load in the building.

• The dismantled unit will be removed from the site and disposed of properly.

SUPPLY AND INSTALLATION OF NEW UNITS.

• The replacement will be a UPS of similar or higher capacity.

• The units will be connected for equal sharing of load under normal circumstances.

• The new units shall be installed in the same room as the existing unit.

• New unit must be supported by a battery bank, capable of delivering the full load amperes for duration of not less than 30 minutes.

• For power feed from and to the UPS existing cabling may be used.

EXTENDED FULL-SERVICE PREVENTIVE MAINTENANCE

The UPS and Battery Preventive Maintenance program shall consist of two (2) inspections per year at six

(6) month intervals both of which are to be coordinated with the Contract Administrator of this Contract.

UPS PREVENTIVE MAINTENANCE INSPECTIONS:

The Contractor shall:

• Inspect all connections, components and wiring for overheating and unusual signs of wear.

• Repair and correct any fault, damage, discolored or worn components.

• Complete all logical adjustments, including input/voltage frequency parameters, output/voltage frequency parameters, float voltage setting and frequency setting.

• Perform all factory upgrades and revisions.

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• Provide a detailed, written report noting any deficiencies or actions taken or planned.

ADDITIONAL PARTS AND ACCESSORIES:

In the event additional items such as connectors, cables, and other hardware are necessary for the proper installation of equipment purchased under this contract but not included in the equipment price it is understood the vendor will identify such prior to installation and will price the additional items at the rate indicated in the bid pricing.

CHARGES:

NO Charges will be allowed unless specified in the Bid.

TECHNICAL QUESTIONS:

Technical questions are to be addressed through the electronic bidding system and the Buyer will respond electronically and issue addenda, if necessary.

PRICING:

Pricing must be submitted through the Line-Item area of the electronic bidding system.

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1. INSURANCE REQUIREMENTS

Bidder must carry such insurance and provide a certificate of insurance evidencing the insurance policies and coverage required here in the Special Provisions.

A. Any issue a Bidder may have with insurance requirements should be raised during the Question-and-Answer period before bid submission so that the Contracting Entity can determine whether a change, by Addenda, will be made to the insurance requirements for all potential bidders.

B. Bidder may not take exception to insurance requirements after the Question-and- Answer Period.

C. The following insurance requirements are applicable and must be obtained prior to contract award if the bid submitted includes on-site installation, on-site maintenance services or other repair services to be performed on the Contracting Entity’s property, or if insurance coverage is otherwise requested by the Contracting Entity here in the Special Provisions.

i. Worker’s Compensation & Employer’s Liability Insurance: Bidder shall carry Worker's Compensation Insurance in amounts prescribed by the laws of the State of Oklahoma, if any. If Bidder is exempt from compliance with Oklahoma’s worker’s compensation requirements, Bidder shall provide a certificate (Affidavit of Exempt Status Under the Administrative Worker’s Compensation Act) from the Workers’ Compensation Commission indicating such exemption. The certificate can be completed online at www.ok.gov/wcc.

ii. General Liability Insurance: Bidder shall carry a general liability insurance policy to protect the Bidder and the Contracting Entity shall be an Additional Insured from claims for property damage and bodily injury including death, or other loss which may arise directly or indirectly from the activities, omissions, and operations of the Bidder under the Pricing Agreement, whether such activities, omissions, and operations be by the Bidder, its subcontractor, or by any one employed by or acting for the benefit of the Bidder in conjunction with this Pricing Agreement. The general liability policy shall have at a minimum, the following coverage amounts:

1. Property Damage Liability - Limits shall be carried in the amount of not less than twenty- five thousand dollars ($25,000) to any one person for any single claim for damage to or destruction of property arising out of a single act, accident, or occurrence.

2. All Other Liability - In the amount not less than one hundred seventy-five thousand dollars ($175,000) for claims including http://www.ok.gov/wcc

RFB.SP.VI.2025 Page 5 accidental death, personal injury, and all other claims to any one person out of a single act, accident, or occurrence.

3. General Aggregate Limit- In an amount not less than one million dollars ($1,000,000) for any number of claims arising out of a single act, occurrence or accident.

iii. Automobile Liability Insurance: The Bidder shall maintain automobile insurance coverage in, at a minimum, the amounts required by Oklahoma law as to the ownership, maintenance, and use of all owned, non-owned, leased or hired vehicles and equipment when said vehicles or equipment is utilized to meet the requirements of this Pricing Agreement.

D. The insurance policies required herein shall be issued by a company authorized to do business in the state of Oklahoma.

E. The Contracting Entity shall be furnished with a Certificate of Insurance evidencing all the above-referenced requirements before Pricing Agreement award.

F. All policies shall be in the form of an “occurrence” insurance coverage or policy.

If any insurance is written in a “claims made” form, the Bidder shall also provide tail coverage that extends a minimum of two years from the expiration of the Pricing Agreement.

G. Unless stated otherwise above, all policies must be fully insured with any single deductible not exceeding $25,000.

H. Bidder or Bidder’s insurance company must provide Contracting Entity at least thirty (30) days’ prior written notice of any cancellation or material coverage change in their policies.

I. Unless otherwise approved by the Contracting Entity prior to Pricing Agreement award, self-insured retentions will not be accepted unless accompanied by a bond or irrevocable letter of credit guaranteeing payment of the losses, related investigations, claim administration, and defense expenses not otherwise covered by the Bidder’s self-insured retention.

2. ACORD FORM

A. The Contracting Entity to this Pricing Agreement, whether named herein or by reference only, shall be named as additional insured on the Bidder’s insurance policies, except Worker’s Compensation and Employer’s Liability Insurance, to the full limits of the policies and consistent with the same coverages available to the named insured.

i. Any blanket additional insured endorsement which limits coverages to any Contracting Entity is not compliant with this Pricing Agreement and will be considered a breach. Contracting Entity must be provided with a Certificate of Insurance or Endorsement evidencing Contracting Entity’s additional insured status prior to contract award.

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B. The policy description shall state the following:

i. “Additional insured(s) on the listed policies are those required in the contract.” [The City of Oklahoma City and its participating public trusts]

ii. The solicitation number BID26101.

3. WARRANTY

A. The Bidder warrants that at the time of delivery, all Bid Items furnished under this

Pricing Agreement will be free from defects in material and/or workmanship and each Bid Item will conform to the Bid Specifications and all other requirements of this Pricing Agreement.

B. Bidders must furnish with their bid one copy of their warranty applicable to the Bid Items to be furnished.

C. Bidder agrees that it alone is responsible for ensuring that Bid Items furnished to the Contracting Entity at the time of delivery and inspection meet all manufacturer warranties even if Bidder is not the manufacturer. If the Bidder is not the manufacturer and the Contracting Entity determines that the Bid Items furnished by Bidder do not meet the manufacturer’s warranty, Bidder alone is responsible for working with the manufacturer to promptly obtain Bid Item replacements for the Contracting Entity that meet all applicable warranties or in the alternative, refund Contracting Entity’s payment for said Bid Items. The election of remedies shall be at the sole discretion of the Contracting Entity.

D. This warranty shall be in addition to any other rights of the Contracting Entity established or implied by contract and/or in equity or at law.

E. All warranties shall start on the date of acceptance of the Bid Items and will be for the full term of said warranty.