OCWUT-12-26 Special Provisions.pdf

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OCWUT-12-26 Laboratory Chemicals, Supplies, and Accessories

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.

1. INTENT OF CONTRACT

The Oklahoma City Water Utilities Trust (OCWUT), “Contracting Entity”, will accept electronic bids for Laboratory Chemicals, Supplies, and Accessories. Bidders submitting digital catalogs, websites, and price lists for a portion of the commodities listed in this RFB will be considered for an award.

2. PRICING AGREEMENT PERIOD

The Pricing Agreement shall be effective for a period of five (5) years, with an option to renew for one (1) additional five (5) year term, as approved by the Contracting Entity. The Pricing Agreement shall be in effect commencing on the date of the award as approved by the Contracting Entity.

The Bidder’s performance will be evaluated on an ongoing basis during the term of the Pricing Agreement. Based on these evaluations, OCWUT’s General Manager and/or appointed designee will determine if any problems exist. The following criteria will be applied in the Pricing Agreement evaluation performance process:

• The ability, capacity, and skills utilized by the contracted Bidder in the performance of the Pricing Agreement and providing the services required;

• Whether the Bidder performed the requirements of the Pricing Agreement in providing the service promptly, or within the time specified, without delay or interference;

• The quality, availability, adaptability of the supplies, materials, and repair parts furnished to the particular use required.

The Contracting Entity reserves the right to apply Contract Cancellation/Order of Precedence in the event of Bidder’s inability to perform the requirements of the Pricing Agreement.

3. PRICING AGREEMENT RENEWAL OPTION

Should the Contracting Entity desire to renew the Pricing Agreement, a written preliminary notice will be furnished to the Bidder prior to the expiration date of the Pricing Agreement. (Such preliminary notice will not be deemed to commit the Contracting Entity to renew.)

Upon receipt of the Contracting Entity’s preliminary notice, the Bidder shall, if desired, submit a written agreement to continue Pricing Agreement performance for an additional five-year period.

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Should the Contracting Entity exercise this option for renewal, the Pricing Agreement as renewed shall be deemed to include this option provision except that the total duration of this Pricing Agreement, including any renewals, shall not exceed ten (10) years without the approval of the Contracting Entity.

In all cases Pricing Agreement renewals must be approved by the Contracting Entity.

4. RETAIL/CATALOG/PRICE LIST/WEBSITE PERCENTAGE DISCOUNT

The Contracting Entity’s Terms and Conditions supersede any and all Terms and Conditions as shown on websites or digital catalog(s) submitted with the bid. The Bidder may bid discounts for a retail location, from a digital catalog and/or website price list. A Bidder may also bid discounts for specific brands and/or specific items. The Contracting Entity shall receive the lowest price listed where the website and catalog prices conflict.

To bid a catalog, price list, and/or website discount, enter the catalog title/edition, price list, and link or website address, and corresponding discount on the line item provided in the electronic bidding system and Exhibit B. Bidders submitting digital catalogs and/or website price lists for only a portion of the commodities listed in this RFB will be considered for an award.

Bidders who submit a catalog or price list, must submit a digital catalog link or price list link.

Upon request, the successful Bidder must furnish an adequate number of catalogs or digital copies to the Contracting Entity for distribution to the end-user.

5. DELIVERY

Bidders shall specify their proposed delivery times for the requested goods and/or services in the bid question area in the Electronic Bidding System. If no alternative is proposed in the bid question area, the awarded vendor(s) shall be expected to meet the stated delivery time of 14 calendar days.

Bidder’s delivery schedule shall be an important criterion in the evaluation of Bids and recommendations for contract awards. The successful Bidder shall be required to deliver materials and supplies within the agreed time frame.

The Contracting Entity shall not be held liable for any and all damage sustained by Bidders for delivery of materials and/or services awarded by the Pricing Agreement.

6. INSPECTION AND ACCEPTANCE AT DESTINATION

Final inspection and acceptance shall be at destination. Acceptance will occur after the goods or results of the services have been inspected and when determined by designated competent staff to have met the Bid Specifications. Delivery does not constitute acceptance.

Although source inspection by the Contracting Entity is not anticipated under this Pricing Agreement, the provisions of this article shall in no way be construed to limit the rights of the Contracting Entity to otherwise conduct source inspections, which it deems to be appropriate.

7. F.O.B. DESTINATION

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The Bidder shall deliver all items F.O.B. Destination, Oklahoma City, Oklahoma, and to any and all points designated in the specifications. Inside delivery is required unless specifically and expressly stated in the order form. Delivery location will be stated on each order as it is placed.

8. COMMERCIAL PACKAGING

Packaging and shipping of product shall conform to the current regulations of the U.S. Department of Transportation (DOT) and other applicable federal, state, and local requirements. Preservation, packaging, loading, and marking will be in accordance with Bidder’s best commercial practice to provide adequate protection against shipping damage. Bidder is required to replace any goods damaged in shipping or delivery.

9. SAFETY/RESPONSIBILITY

The Bidder is to assure their employees are work and safety-trained, knowledgeable of all job-related hazards and must document the training of their employees. The Bidder must ensure their employees follow all safety rules and must report to plant personnel any hazards and/or occurrences.

10. SAFETY/DATA SHEETS

Any Bidder supplying the Contracting Entity materials that require a Safety Data Sheet (SDS) will furnish the required sheet or a composite concentration list in one of the following manners:

• Submitted as part of the bid document

• Submitted prior to contract award

• Submitted with the product invoice

• Submitted at the request of the Contracting Entity

In all instances, the Bidder shall furnish the safety data sheets with the products at delivery, and shall comply with all local, state, and federal laws providing for identification of materials transported to or from the Contracting Entity.

The appropriate bid number, contract number, delivery ticket number, or invoice number shall be clearly marked on the safety data sheet or the composite concentration lists. Any question regarding this requirement should be directed to the following address:

The City of Oklahoma City Risk Management Division 420 W. Main, Suite 600 Oklahoma City, OK 73102 Attention: Environmental Specialist

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OCWUT-12-26 Laboratory Chemicals, Supplies, and Accessories

TECHNICAL SPECIFICATIONS

Pricing must be submitted through the Electronic Bidding System. Technical questions are to be addressed through the Electronic Bidding System, and the Contracting Entity will respond electronically if it is necessary.

Please complete the bid questions, line items, and Exhibit B – Catalog List. Bidders must include bid percentage discounts for digital catalogs and/or website pricing for Laboratory Chemicals, Supplies, and Accessories.

Enter website addresses for your company website, catalogs, and product lists. Bidders submitting digital catalogs, websites, and price lists for a portion of the commodities listed in this RFB will be considered for an award.

Main areas of tests performed for both water and wastewater:

• Water and Wastewater Analysis lab chemicals, standards, and supplies

• Microbiological/Bacteriological Media, Chemicals, Standards, and Supplies

• Water and Wastewater Instrumentation Analysis for GC, GM/MS, ICP, IC, UV – Chemicals and Supplies

• Quality Control and Performance Test Samples, Chemicals, and Supplies – Water and Wastewater Analysis (Microbiological, General Chemistry, and Instrumentation – GC, GM/MS, ICP, IC, UV)

DO NOT UPLOAD ACTUAL CATALOGS OR PRICE LISTS.

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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

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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 an 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 OCWUT-12-26.

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.