RFB Special Provisions OCWUT 03-26 Meter Boxes and Meter Lids.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.

1. INTENT OF CONTRACT

The Oklahoma City Water Utilities Trust (OCWUT), “Contracting Entity”, will accept Electronic Bids from qualified firms to provide meter boxes and meter lids for the Line Maintenance Division of the Utilities Department as provided for herein.

The term Contracting Entity as used throughout this Pricing Agreement shall mean The City of Oklahoma City and any participating Public Trust which chooses to avail itself of the goods or services from the resultant Pricing Agreement. Should a participating Public Trust, of which The City of Oklahoma City is Beneficiary, choose to avail itself of goods or services from the resultant Pricing Agreement(s)/Contract(s), the Bidder(s) will honor the terms and conditions, including price, of the Pricing Agreement(s)/Contract(s).

2. PRICING AGREEMENT/CONTRACT PERIOD

The Pricing Agreement shall be effective for a period of three (3) years, with an option to renew for one (1) additional three (3) year term, as approved by the Contracting Entity. The Pricing Agreement/Contract shall be in effect commencing on the date of award as approved by the Contracting Entity.

The Bidder's performance will be evaluated on an ongoing basis during the duration of this contract. 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 contract and providing the services required;

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

• The quality, availability and 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.)

RFB.SP.VI.2025 Page 2

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 three (3) year term.

Should the Contracting Entity exercise this option for renewal, the Pricing Agreement as renewed shall be deemed to include this optional provision except that the total duration of this Pricing Agreement, including any renewals, shall not exceed six (6) years without approval of the Contracting Entity.

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

4. COST ADJUSTMENT TERMS

Pricing shall remain firm through the first twelve months of the contract period. At the request of the Bidder, unit prices can be adjusted annually based on the year-over-year increase or decrease of the U.S. Bureau of Labor’s Consumer Price Index, South Region. To find the CPI-U (South Region, All Urban Consumers), go to www.bls.gov/cpi. Charts are available on this website to show CPI for the previous 10 years.

For purposes of calculating an adjustment for the ensuing year, the base rate for the adjustment shall be the Target unit cost of labor rates in effect on the last da of the previous twelve months of the Agreement. Adjustments to the unit prices will be made only in units of one cent ($0.01).

Cost adjustments are calculated in the following manner:

New Unit Price = Existing Unit Price(s) * (((CPIn-CPIo)/CPIo) + 1) Where, CPIn = Consumer Price Indes – U (All Urban Consumers), South Region, all Items for the calendar month and year of the adjustment.

CPIo – Consumr Price Index – U (All Urban Consumers), South Region, all items for the previous calendar month and year.

A valid written request consists of:

• Letter requesting price increase(s) must be submitted on your company letterhead along with the combined CPIn and CPIo chart from www.bls.gov/cpi.

• Signed by an officer or someone authorized to execute contracts on company’s behalf

• Reference the assigned contract number

• Reference the Contracting Entity’s bid number

• Reference the title of the contract (e.g. Anthracite)

• Must be submitted to: The City of Oklahoma City, Utilities Department, Contracts Administration Section, 420 W. Main Street, Ste. 500, Oklahoma City, OK 73102. Requests emailed to ww-procurement@okc.gov are acceptable.

http://www.bls.gov/cpi mailto:ww-procurement@okc.gov

RFB.SP.VI.2025 Page 3

5. DELIVERY

Bidders are responsible for loading and delivering materials and supplies to the delivery location.

The Bidder is required to check in with Utilities Staff at the location provided in this Bid and will be directed by staff to the appropriate unloading area. This Bid and Pricing Agreement requires the Bidder to have a “driver assist” present for live unloading at the delivery location. Provided, however, the Utilities staff will be responsible for unloading the materials and supplies.

The successful Bidder shall be required to deliver materials and supplies within 10 calendar days after receipt of a purchase order from the Contracting Entity. If the Bidder is unable to meet the delivery requirement, the Bidder may submit a request to the Contracting Entity for a delivery time extension at the time the Contracting Entity places an order. The Contracting Entity may, in its sole discretion, extend or reject any delivery request based upon the reasoning submitted by the Bidder. If the Contracting Entity does not approve a delivery extension, the Bidder will be responsible for delivering the materials within 10 calendar days. Failure to deliver within the stated delivery time or denial of an extension may result in the rejection of the delivered items, liquidated damages, or termination of the Pricing Agreement.

The Contracting Entity shall not be held liable for any damages sustained by the Bidder for delivery of materials and/or services awarded by contract.

5.1 DELIVERY LOCATION

All deliveries shall be F.O.B Destination within the delivery time frame with receipt of a valid purchase order from the City of Oklahoma City.

Deliveries shall be made to:

The City of Oklahoma City Utilities Department Line Maintenance Division 621 North Pennsylvania Oklahoma City, Oklahoma 73107 Phone No. (405) 297-2983

The Contracting Entity requires a mandatory response time for service calls to be answered within 24 hours of notification. Response time applies to only the time it takes the Bidder to respond. The Bidder shall be allotted adequate time to perform the repair services requested.

In the event that any contracted Bidder fails to meet the specified delivery time and/or mandatory response time for service calls, the Contracting Entity reserves the right to rescind the contract.

5.2 VEHICLE REQUIREMENTS AND UNLOADING AT DELIVERY

LOCATION

The Bidder must use a flatbed semi-trailer and package the freight by palletized method for each delivery. The loaded materials must be tailgated to allow Utilities staff to unload the packages using a forklift or pallet jack. The Contracting Entity reserves the right to reject any shipment and delivery if the Bidder does not use the packing and delivery methods provided in this Bid.

RFB.SP.VI.2025 Page 4

5.3 INSPECTION AND ACCEPTANCE AT DESTINATION

Prior to unloading the materials and supplies, the Bidder will acknowledge the delivery by signing the Chain of Custody and Delivery Form shown on Exhibit B. 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.

The Contracting Entity will only be responsible for damaged materials or goods that are the direct result of Utilities staff negligence in the unloading of the delivery. Provided, however, the Contracting Entity reserves the right to reject any nonconforming goods or make a claim on the Bidder’s warranty for defects in material or workmanship after unloading the materials and goods.

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.

5.4 COMMERCIAL PACKAGING

Bidder is required to replace any goods damaged in shipping or delivery. 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, packing and marking will be in accordance with palletized freight and best commercial practice, to provide adequate protection against shipping damage.

5.5 ESTIMATED ANNUAL REQUIREMENTS (NO GUARANTEE)

The quantity of any item, goods, or services when shown in the Price Schedule as an estimate of an annual requirement is merely an estimate based on currently available information. The purchase of any such item or quantity of goods or service is not guaranteed. Any offer conditioned upon a promise by the Contracting Entity to purchase a minimum or definite quantity of such an item will be rejected.

The Bidder agrees to furnish all quantities ordered by the Contracting Entity during the Pricing Agreement/Contract period.

The Contracting Entity agrees to place orders with the Bidder for all its requirements for those items shown in the price schedule, as awarded, except as follows:

a) Quantities of items needed under conditions of emergency or public exigency as approved by the Purchasing Agent.

b) Quantities of items obtainable from State contracts, as approved by the Purchasing Agent.

c) Quantities of items where federal funds are involved, and other action as warranted for federal regulatory compliance purposes.

d) Quantities of items awarded under specific and separate pricing agreements/contracts.

e) Quantities of items which otherwise are determined to be outside the general scope and intent of this Pricing Agreement/Contract.

RFB.SP.VI.2025 Page 5

If requirements for any awarded items do not materialize for the quantity estimated in the applicable Price Schedule, such failure shall not constitute grounds for equitable adjustment or additional compensation.

There is no obligation to purchase any items from this Pricing Agreement/Contract, and purchases made in future fiscal years or other contract periods are subject to future appropriations and availability of funds.

The Contracting Entity may request Bidder provide quantity discounts when making larger purchases. Quantity discounts will be requested from all Bidders when multiple Pricing Agreements/Contracts are awarded.

5.6 LIQUIDATED DAMAGES

Should the resultant Bidder fail to deliver the product within the specified delivery time frame, it is understood the resultant Bidder hereby agrees to liquidated damages of three hundredths percent (0.03%) of the invoiced price for each intervening calendar day greater than the delivery date specified in the Bid and incorporated in this Pricing Agreement . The General Manager or designee may waive liquidated damages based on extenuating circumstances beyond the control of the resultant Bidder. The resultant Bidder shall notify the Contracting Entity if the delivery time frame cannot be met.

6. BIDDER

Upon award of this Pricing Agreement/Contract, the term “Bidder” shall mean the contracting party supplying the goods and/or services.

7. SCOPE OF PRICING AGREEMENT/CONTRACT

The Contracting Entity reserves the right to award this Pricing Agreement/Contract to a single Bidder or to multiple Bidders, whichever is deemed to be in best interest of the OCWUT. You may bid on some or all items. If you choose not to bid on one of the items respond by typing, "No Bid" in the “Note to Buyer” field of the Line Item in the BidNet system.

8. SUBSTITUTE OFFERS

If the bid specifications provide that the Contracting Entity is accepting substitute offers for a good or service, this option will be available for Bidders in BidNet when completing the electronic bid packet.

The Contracting Entity is under no obligation to accept a substitute offer.

9. WARRANTY

The Bidder warrants that at the time of delivery, all items furnished under this Pricing Agreement will be free from defects in material or workmanship and will conform to the specifications and all other requirements of this Pricing Agreement. All Bidders will furnish with their Bid one copy of their warranty applicable to the supplies or equipment to be furnished.

As to any item which does not conform to this warranty, the Bidder agrees that the Contracting Entity shall have the right to:

RFB.SP.VI.2025 Page 6

a) Reject and return each nonconforming item to the Bidder for correction or replacement at the Bidder’s expense; or

b) Require an equitable adjustment in the Pricing Agreement/Contract price.

This warranty shall be in addition to any other rights of the Contracting Entity.

OCWUT 03-26 Meter Boxes and Lids

TECHNICAL SPECIFICATIONS

1. GENERAL

Pricing must be submitted through the Line Item area of the Electronic Bidding System. The qualified Bidder shall furnish and supply the listed item(s) in accordance with the terms, conditions and provisions set forth herein. The Contracting Entity has supplied meter box technical drawing(s) as Exhibit A.

2. SAMPLE METER BOX

Each Bidder must submit a sample of each meter box prior to the time Bids close. Bidders are responsible for ensuring their samples are received prior to the deadline and mailed to the Meter Shop at 621 N. Pennsylvania Avenue, Oklahoma City, OK. 73107. Accompanying such sample meter box, Bidder shall supply drawings indicating parts and shall indicate by affidavit stating that meter boxes furnished comply with the specifications. Any modifications contemplated to afford compliance with these specifications must be stated and will be sufficient cause for rejection.

Sample meter boxes furnished will not be opened or tested until after the closing of Bids. Sample testing will be performed by the Contracting Entity to determine if they comply with specifications.

Failure to notify the Contracting Entity of exceptions to the specifications by letter in advance of Bidding shall be cause for disqualification. Sample meter boxes may be picked up within 60 days after the contracts have been awarded. Meter boxes remaining in possession of the Contracting Entity 60 days after award of contract shall become the property of the Contracting Entity to be disposed of at the discretion of the Utilities Line Maintenance Superintendent. The Contracting Entity accepts no responsibility for damage to such sample meter boxes while in its possession.

Each Bidder shall state in their Bid the model, type of meter box, and trade name.

Group 1, Meter Box for Special Applications in Paved Areas 1 -1/2 inch to 2-inch Meter Box for Special Application in paved area. The meter box shall be high-density polyethylene of one-piece molded construction without a foaming agent for durability and impact strength and shall have a single wall design. The meter box shall be able to withstand an H-20 loading in non-deliberate or incidental traffic areas. The meter box shall be black to prevent UV degradation. The box shall have crush resistant ribbing along the outside of the box.

The box shall be designed in such a way as to have an integral flange type lid as specified on the drawing. The box shall have removable pre-cut pipe entry areas located on the center of each end

RFB.SP.VI.2025 Page 7

(short side) of the box for the single meter installations. The box must be designed in such a way to be securely stackable. The box shall weigh no less than 36 lbs. and no more than 40 lbs. for 18” height for safety and ease of handling, transport and installation. All dimensions are minimum production measurements and shall be in accordance with the drawing(s) for the appropriate size meter. Cover shall be anti-float black rebar molded polymer lid or black overlay with 0.25” diamond plate with a single wall design and a minimum wall thickness as specified. The lid weight shall be a minimum of 40 lbs. The lid shall not have a foaming plastic or blowing agent that creates air pockets. Lid shall contain a molded keyhole design and security brass lock. Lid shall have an integral molded slide mount for AMR device that shall be molded as one piece. The lid shall contain tread pattern as illustrated with dimension per tread of 0.188” X 0.938” X 0.150” deep.

Lid shall contain the name of manufacturer and part number. The meter box and lid shall be manufactured by DFW Plastics, Inc. or approved equivalent. These Technical Specifications override any discrepancies in the attached drawings. All boxes listed must be furnished complete with covers (specified) and all necessary attachment hardware: covers and attachments hardware shall also be available separately.

Group 2, Meter Box for Grassy Areas 5/8 inch to 1-inch meter box for grassy areas. The meter box shall be high-density polyethylene of one-piece molded construction without a foaming agent for durability and impact strength and shall have a single wall design. The meter box shall be able to withstand an H-20 loading in non-deliberate or incidental traffic areas. The meter box shall be black to prevent UV degradation.

The box shall have crush resistant ribbing along the outside of the box. The box shall be designed in such a way as to have an integral flange type lid as specified on the drawing. The box shall have removable pre-cut pipe entry areas located on the center of each end (short side) of the box for the single meter installations. The box shall be designed in such a way to be securely stackable. The box shall weigh no less than 18 lbs. and no more than 20lbs. All dimensions are minimum production measurements and shall be in accordance with the drawing(s) for the appropriate size meter. Cover shall be anti-float black rebar molded polymer lid with a single wall design and a minimum wall thickness as specified. The lid weight shall be a minimum of 13 lbs. The lid shall not have a foaming plastic or blowing agent that creates air pockets. Lid shall contain a molded key hole design and an optional security brass lock. Lid shall have an integral molded slide mount for AMR device that shall be molded as one piece. The lid shall contain tread pattern as illustrated with dimension per tread of 0.188” X 0.938” X 0.150” deep. Lid shall contain the name of manufacturer and part number. The meter box and lid shall be manufactured by DFW Plastics, Inc. or approved equivalent. These Technical Specifications override any discrepancies in the attached drawings. All boxes listed must be furnished complete with covers (specified) and all necessary attachment hardware: covers and attachments hardware shall also be available separately.

Group 3, Meter Box Paved Areas 5/8 inch to 1-inch meter box 14-inch X 20 inch for paved areas. The meter box shall be high-density polyethylene of one-piece molded construction without a foaming agent for durability and impact strength and shall have a single wall design. The meter box shall be able to withstand an

RFB.SP.VI.2025 Page 8

H-20 loading in non-deliberate or incidental traffic areas. The meter box shall be black to prevent UV degradation. The box shall have crush resistant ribbing along the outside of the box. The box shall be designed in such a way as to have an integral flange type lid as specified on the drawing.

The box shall have removable pre-cut pipe entry areas located on the center of each end (short side) of the box for the single meter installations. The box shall be designed in such a way to be securely stackable. The box shall weigh no less than 22 lbs. and no more than 25lbs. All dimensions are minimum production measurements and shall be in accordance with the drawing(s) for the appropriate size meter. Cover shall be anti-float black rebar molded polymer lid with a single wall design and a minimum wall thickness as specified. The lid weight shall be a minimum of 13 lbs. The lid shall not have a foaming plastic or blowing agent that creates air pockets. Lids shall contain a molded key hole design and an optional security brass lock. Lid shall have an integral molded slide mount for AMR device that shall be molded as one piece. The lid shall contain tread pattern as illustrated with dimension per tread of 0.188” X 0.938” X 0.150” deep.

Lid shall contain the name of manufacturer and part number. The meter box and lid shall be manufactured by DFW Plastics, Inc. or approved equivalent. These Technical Specifications override any discrepancies in the attached drawings. All boxes listed must be furnished complete with covers (specified) and all necessary attachment hardware: covers and attachments hardware shall also be available separately.

Group 4, Meter Box for Grassy and Paved Areas 1-1/2 inch to 2-inch Meter Box 17-inch X 26 inch for grassy paved areas: The meter box shall be high-density polyethylene of one-piece molded construction without a foaming agent for durability and impact strength and shall have a single wall design. The meter box shall be able to withstand an H-20 loading in non-deliberate or incidental traffic areas. The meter box shall be black to prevent UV degradation. The box shall have crush resistant ribbing along the outside of the box. The box shall be designed in such a way as to have an integral flange type lid as specified on the drawing. The box shall have removable pre-cut pipe entry areas located on the center of each end (short side) of the box for single meter installations. The box shall be designed in such a way as to be securely stackable. The box shall weight no less than 29 lbs. and no more than 35 lbs. for 18” height for safety and ease of handling, transport, and installation. All dimensions are minimum production measurements and shall be in accordance with the drawings for the appropriate size meter. Cover shall be anti-float black rebar molded polymer lid with a single wall design and minimum wall design and minimum thickness as specified. The lid weight shall be a minimum of 21 lbs. The lid shall not have a foaming plastic or blowing agent that creates air pockets. Lid shall contain a molded key hole design and security brass lock. Lid shall have an integral molded slide mount for AMR device that shall be molded as a one-piece unit as specified in the drawing. The lid shall contain the tread pattern as illustrated with dimension per tread of 0.188” X 0.938” X 0.150” deep. Lid shall contain the name of the manufacturer and part number.

The meter box and lid shall be manufactured by DFW Plastics, Inc. or equivalent.

1-1/2 inch to 2-inch Meter Box 21-inch X 34 inch for grassy and paved areas: The meter box shall be high-density polyethylene of one-piece molded construction without a foaming agent for durability and impact strength and shall have a single wall design. The meter box shall be able to

RFB.SP.VI.2025 Page 9 withstand an H-20 loading in non-deliberate or incidental traffic areas. The meter box shall be black to prevent UV degradation. The box shall have crush resistant ribbing along the outside of the box. The box shall be designed in such a way as to have an integral flange type lid as specified on the drawing. The box shall have removable pre-cut pipe entry areas located on the center of each end (short side) of the box for single meter installations. The box shall be designed in such a way as to be securely stackable. The box shall weight no less than 36 lbs. and no more than 40 lbs. for 18” height for safety and ease of handling, transport, and installation. All dimensions are minimum production measurements and shall be in accordance with the drawing(s) for the appropriate size meter. Cover shall be anti-float black rebar molded polymer lid with a single wall design and minimum wall design and minimum thickness as specified. The lid weight shall be a minimum of 37 lbs. The lid shall not have a foaming plastic or blowing agent that creates air pockets. Lid shall contain a molded key hole and security brass lock. Lid shall have an integral molded slide mount for AMR device that shall be molded as a one-piece unit as specified in the drawing. The lid shall contain the tread pattern as illustrated with dimension per tread of 0.188” X 0.938” X 0.150” deep. Lid shall contain the name of the manufacturer and part number. The meter box and lid shall be manufactured by DFW Plastics, Inc. or approved equivalent. These Technical Specifications override any discrepancies in the attached drawings.

All boxes listed must be furnished complete with covers (specified) and all necessary attachment hardware: covers and attachments hardware shall also be available separately.

Group 5, Meter Box replacement parts and accessories Pricing for replacement parts and accessories are being requested at list price minus percent off.

Bidders shall provide discount percent within the line items. Bidders are also being requested to provide website, catalog, and retail locations, if applicable.

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.

RFB.SP.VI.2025 Page 10

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.

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.

http://www.ok.gov/wcc

RFB.SP.VI.2025 Page 11

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 OCWUT 03-26.

3. BONDS

A. Any issue a Bidder may have with bond 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 bond requirements for all potential bidders.

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

C. For Pricing Agreements with installation service, if required, Bidder agrees to provide a Performance Bond and Maintenance Bond in the amount of $50,000.

RFB.SP.VI.2025 Page 12

D. The Bidder will include the cost of such bonds in the Item Response Form unit price. The Contracting Entity shall not reimburse Bidder for the cost of bonds that were omitted in the Item Response Form.

E. Performance Bond or Security: the successful Bidder must provide the performance bond or a certified or cashier’s check in the amount set forth in the Special Provisions prior to the award of the Pricing Agreement. Certified or cashier checks may be cashed and the funds therefrom held in escrow. Upon successful completion of the Pricing Agreement, the escrow funds will be returned, without interest, less any costs or expenses incurred by Contracting Entity for non-performance, non-compliance, or delays.

4. 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.

5. FEDERAL CLAUSES

A. Bidder must download all applicable documents in the Electronic Bidding System.

B. Bidder must read, acknowledge, and sign all applicable documents and upload into the Electronic Bidding System when submitting Bidder’s bid.