New Search
4.2 Delivery. Seller shall be responsible for timely delivery of all System components and <br /> services, whether or not Seller is the manufacturer or producer of such components or services. <br /> Seller, at its own expense, shall arrange for all transportation and sufficient insurance to fully protect <br /> components during transport. City may appoint such inspectors as it deems proper to inspect the <br /> components upon arrival at the delivery site and thereafter. The inspectors shall have the authority <br /> to reject components that are unsatisfactory, faulty or otherwise defective, or that do not conform to <br /> the requirements of the Contract. Such inspection shall not relieve Seller of its obligation to perform <br /> the Work strictly in accordance with the Contract. Work not so performed, or System components <br /> not meeting the specifications of the Contract shall be removed and replaced at the sole expense of <br /> Seller. Only timely delivery of the complete System meeting the Contract requirements in all material <br /> respects will be accepted. <br /> 4.3 Site Preparation. Except as otherwise specified in the RFP or the Proposal, City shall <br /> supply such lighting, utilities, air conditioning, space, and other environmental requirements for the <br /> System as may reasonably be required. Seller warrants that it has inspected the site or sites for the <br /> - System, and found the environmental conditions to be satisfactory for the System. <br /> 4.4 Installation. Seller shall be responsible for installation of all System components in <br /> accordance with the System Design and the Work Schedule, whether or not Seller is the manufacturer <br /> or supplier of any particular component. Seller shall be the sole point of contact for City regarding all <br /> matters pertaining to delivery and installation of the System, including payment of any and all charges <br /> resulting from purchase of the System or any components thereof. <br /> 4.5 Training. Seller shall provide reasonable instruction on the proper operation of the <br /> System and each component thereof to all appropriate personnel, at times suitable to City, and <br /> otherwise consistent with the provisions of the attached Exhibit C. Satisfactory completion of training <br /> shall be a precondition to acceptance testing. <br /> 5 Acceptance. <br /> 5.1 Commencement of Acceptance Testing. The acceptance period shall begin after Seller <br /> tests the System, City's operations personnel have been trained, and, in the reasonable judgment of <br /> City's system manager and Seller's project manager, the System is substantially error -free and ready <br /> for acceptance testing. The acceptance period shall be 60 days in length. Installation of the System <br /> shall be deemed completed for purposes of this Contract upon commencement of acceptance testing. <br /> 5.2 System Availability. During the acceptance test period, the System shall be available <br /> 90 percent of the time (24 hours per day), including all planned and unplanned down time. Availability <br /> shall be defined as the ability of the System components to deliver access to all CASSWORKS <br /> functions to Public Works Maintenance and Engineering staff. For purposes of this paragraph, the <br /> System shall be considered "available" if the System functions in a manner acceptable by City. If the <br /> System should fail to be available at least 90 percent of the time during the acceptance test period, <br /> City may, at its option, restart the acceptance test period. <br /> 5.3 Acceptance Criteria. The manner and means of acceptance testing, and the criteria upon <br /> which acceptance of the System shall be determined, are set forth in the attached Exhibit H. <br /> 5.4 Determination of Acceptance; Consequences of Resection. The System shall be deemed <br /> accepted by City upon satisfaction of the acceptance criteria in all material respects. City's project <br /> manager will be the final judge of the acceptability of the System. If the System is accepted, City shall <br /> Purchase Contract - 3 <br />