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 purchase generators, generator powered portable lighting, and preventative maintenance and repair services for the Contracting Entity.

GENERATOR REPAIR: Bidder shall provide services to repair generators within 24 hours of receiving a valid purchase order or purchasing card reference number. All workmanship shall be of good quality and to the satisfaction of the ordering department.

a. Bidder may charge a service call for the initial visit in order to determine the extent of repair. This fee must be listed in the line-item area of the electronic bidding system.

b. Mileage to locations within Oklahoma City must be accounted for in the labor rate or service call pricing. Purchaser will not pay mileage. Bidders must list other brands they wish to have included in their bid in the line-item area of the electronic bidding system.

c. Bidder shall provide an hourly labor rate in the electronic bidding system. Upon pricing agreement award, vendors must submit quotes, upon request by the Contracting Entity, indicating the maximum number of hours they will charge on one particular repair or installation project.

d. Bidders are to provide pricing in the line-item area of the electronic bidding system as the manufacturer’s suggested retail price less the percentage discount bid.

e. Repair parts must be new OEM parts.

f. The ordering department shall provide a valid purchase order or authorized purchasing card number prior to any order for parts and/or service.

SCHEDULED MAINTENANCE: Awarded vendors shall be allowed to provide quotes for scheduled maintenance and/or preventative maintenance services as requested by Contracting Entity. Quotes for maintenance should match the labor rates provided in the line-item area of the electronic bidding system.

SUBCONTRACTORS: The Bidder, at the direction of the Contracting Entity, may subcontract work not included in these specifications, but necessary for the proper completion of generator services or installation. This may include engineering services if required. All proposed work to be subcontracted must be approved and authorized in writing by the department issuing the purchase order to the City Engineer or designee for projects exceeding $100,000. Work to be subcontracted should be submitted to Frank Manning, Oklahoma City Public Works Department, 420 W. Main, 7th floor, or frank.manning@okc.gov or 405-297-3482, for review. The Contracting Entity’s standard specifications for construction and public improvements limits the markup for subcontracting work to a 15% markup (10% overhead, 5% profit).

PURCHASE OF NEW GENERATOR SYSTEMS: The Contracting Entity desires to have a wide variety of brands and capacities available under this agreement. The purchase of generators, light towers, and other equipment purchased on this pricing agreement shall include delivery, operation/service manuals, and setup/startup services of equipment.

mailto:frank.manning@okc.gov

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a. Bidders are encouraged to list additional brands they represent and the pricing schedule. Additional brands must be specifically listed to be included in the bid.

b. Generator operated lighting towers and emergency lighting units are included as part of this request for bid.

c. For each brand bid, the bidder should indicate if they are an authorized dealer for that specific brand. As an authorized dealer, it is expected that vendors have ready access to parts, parts lists, schematics, manufacture’s support services, service bulletins and product recall notices.

d. All pricing shall be based on current manufacturer’s retail price lists. The department may request the price list or portions thereof to confirm quoted price follows the pricing agreement if not attached in the line-item area of the electronic bidding system.

e. Purchase of generators, light towers, and other equipment purchased from this pricing agreement shall include delivery, operation/service manuals, and setup/startup services of equipment.

f. Training, when requested, shall be provided on new equipment, or following changes in Contracting Entity staff assignment. Please provide the hourly rate for training in the bid pricing.

g. The successful bidder shall provide documentation to support actual costs of parts, when requested by the ordering department or Procurement Services for audit purposes.

LOCAL BIDDER/EMERGENCY RESPONSE: It shall be required under this pricing agreement(s) that awarded Bidders respond within thirty minutes to a notification from an end user. It shall also be required that awarded Bidders report to any designated work site within the Greater Oklahoma City Metropolitan Area within two hours from the time that Bidder returns the end user’s original call. Successful Bidders shall provide the Contracting Entity with twenty-four-hour emergency notification information which shall be used after-hours, on weekends and on holidays. Information shall include regular office number and office hours; pager numbers; mobile phone numbers; and alternate contact numbers.

Failure of the awarded Bidder to return a call within thirty minutes or to be on a work site within two hours may result in the using department’s utilization of another vendor. Repeated failures by awarded Bidders to respond in a timely manner to perform work for which they are contracted may be considered grounds for the cancellation or non-renewal of the pricing agreement.

GENERATOR SERVICES REFERENCES: Bidders are required to complete the references and emergency contact information.

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 electronic bidding system.

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

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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 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.

http://www.ok.gov/wcc

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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.

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 BID26602.

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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.

F. All materials and equipment shall be listed and labeled for the purpose intended.

All work provided until this agreement shall have, as a minimum, a one (1) year warranty from the date of final acceptance thereof any latent defects, design materials, workmanship, and installation. All work subcontracted by the Contracted Vendor shall be considered as if the work was performed by the Contracted Vendor and will have the same warranty as work provided under this agreement.