RFB25721A 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 irrigation materials and supplies for use by the Oklahoma City Parks and Recreation Department, golf courses and various other City Departments for repairing, replacing, and installing new and/or existing irrigation systems. It is anticipated that the pricing agreement(s) will be effective on August 2, 2025. The current pricing agreements expire on August 1, 2025.

The discount bid represents the minimum discount, and the Bidder may provide a greater discount based on the details of the order. Any additional cost savings may be passed directly to the ordering department. Discounts shall remain firm during the term of the agreement. Published manufacturer’s price lists may be updated when a newly published pricelist is issued, as long as the original discount bid remains the same.

Federal mandated charges (such as hazmat) and cost recovery fees such as shop fees, incidental consumables etc., are allowable under this agreement. Please provide pricing for these charges in the goods and services area of the electronic bidding system. If the fees vary, please attach a statement about how the fees are determined and how they are different from each other in the corresponding section of this bid. Excessive fees will not be paid by The Contracting Entity of Oklahoma City.

Bidders that have both a website and a storefront may submit bids under both categories. The bids submitted under both categories do not have to match. It is understood both systems may have a different cost to process identical transactions. The Contracting Entity wishes to have your best available pricing under both processes.

It is understood the Bidder may represent a number of suppliers and that the Bidder may have access to a large number of items that are not represented in catalogs, websites, or a standard pricelist. It is the intent of these specifications to provide full access to the Bidder’s entire product line.

Bidders are asked to bid a percentage (%) discount from published prices. Any available price list(s) should be attached to this submission, when possible. Where not attached, the Bidder shall make the pricelist or portions thereof available to the contracting entity upon request during the purchasing process.

Optional Services such as labor services related to the commodity bid, tool and equipment repair, tool and equipment rental, consulting/advisory services, exam preparation services, license renewal classes and continuing education classes will be priced on demand and the department, at their discretion, may avail themselves of these services. On site labor service will require compliance with the liability and property damage insurance policy.

RFB.SP.VI.2025 Page 2

The scope of this bid includes all of the named goods and services for the City of Oklahoma City Golf Courses: Earlywine, James Stewart, Lake Hefner, Lincoln Park, and Trosper.

GENERAL SCOPE OF PRICING AGREEMENT:

1. The Bidder shall bid irrigation systems services, replacement, and installation. The need for repair services, replacement and installation of irrigation systems shall be on an as needed basis, whereby the technical knowledge and installation of the job and/or project is beyond the performance capabilities of the Contracting Entity cannot devote manpower resources and time of completion is critical.

2. Under no circumstances shall a successful Bidder perform new and/or replacement of complete irrigation systems without having received prior written approval from the Department Head or his/her authorized representative. No work shall be performed without an approved purchase order or purchasing card reference number from the Contracting Entity.

3. The Contracting Entity requires the issuance of current liability insurance and/or other surety interest prior to the assignment of the irrigation systems job and/or project to the successful Bidder.

4. In the event that the irrigation systems job/project requires the services of a sub-contractor, the successful Bidder shall secure written approval from the Department Head or his/her authorized representative.

6. All permits, fees and licenses as required by federal, state, and local regulations shall be obtained by the successful Bidder prior to providing irrigation systems services. The cost of such permits, fees and licenses shall be included in the successful Bidder's bid.

7. The apparent silence of this specification as to any detailed description concerning any point shall be regarded as meaning the best commercial practice is to prevail, and that only materials and workmanship of first quality are to be used.

8. The Contracting Entity will consider other factors such as quality, uniqueness of design, market trends, and preferences, in addition to lowest cost when awarding contracts.

10. Orders placed enumerating specific conditions, such as order numbers, shall have no substitutions unless approved by the person who placed the original order.

11. Bidder must have a licensed plumber complete installation of irrigation services. A licensed plumber is any person skilled in the planning, superintending and practical installation of plumbing systems and licensed under state laws and code, per Oklahoma City Municipal Code: 42-77.

RFB.SP.VI.2025 Page 3

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 4 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.

RFB.SP.VI.2025 Page 5

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 title: Irrigation Systems, Supplies, Repair and Replacement

Parts, and Services.

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.

1. The Bidder shall bid irrigation systems services, replacement, and installation. The need for repair services, replacement and installation of irrigation systems shall be on an as needed basis, whereby the technical knowledge and installation of th...