Get documents about "2011 - City of Oklahoma City
Document Sample
(Published in the Journal Record September 28, 2011 and October 5, 2011)
NOTICE TO BIDDER
Notice is hereby given that The Oklahoma City Environmental Assistance Trust will receive bids
at the OFFICE OF THE CITY CLERK, 200 North Walker, Oklahoma City, Oklahoma
73102 until 10:00 A.M., on the 1 day of November, 2011, for the following:
OCEAT 01-12 – Disposal of Municipal Solid Waste, Construction and Demolition Waste,
Water & Wastewater Sludge Waste, Appliances That May Contain Refrigerants, and Tires
You are invited to submit a bid to supply the services specified. A non-mandatory, pre-bid
conference will be held on October 12, 2011 at 1:00 p.m. at the City of Oklahoma City,
Utilities Department, 420 W. Main Street, Suite 500, Conference Room A, Oklahoma City,
OK 73102.
Bids shall be made in accordance with the Notice to Bidder, the General Instructions and
Requirements for Bidders, the Specifications, the Bid/Pricing Agreement/Contract Form & Non-
Discrimination Statement, and the Anti-collusion Affidavit which are on file in the Utilities
Department, 420 N. Main Street, Ste 500 and are made a part of this notice as though fully set
forth herein. A copy of the bid packet is available without charge through the Internet at
www.okc.gov or by e-mail from the listed buyer. Or, a copy of the bid packet may be obtained
for 25 cents per page at the Utilities Department Administration Division of The City of
Oklahoma City.
Bids filed with the City Clerk shall be opened at the time stated above or later in the Conference
Room, located on the 2nd floor of the Municipal Building. Bids received after 10:00 A.M., on
the above mentioned date, will not be accepted and will be returned to the bidder unopened.
There will be no exceptions to this policy. All bids shall remain on file at least 48 hours
thereafter before a pricing agreement/contract shall be made and entered into hereon.
FRANCES KERSEY
SECRETARY
(SEAL)
Reviewed for form and legality.
__________________________________
ASSISTANT MUNICIPAL COUNSELOR
August 2005
The City of
OKLAHOMA CITY
INVITATION TO BID
NOTICE is hereby given that Oklahoma City Environmental Assistance Trust (OCEAT) will
receive bids at the OFFICE of the CITY CLERK, 200 North Walker, Oklahoma City,
Oklahoma 73102, until 10:00 a.m. on November 1, 2011, for the following:
Bid Number: OCEAT 01-12 Title: Disposal of Municipal Solid Waste, Construction
and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
You are invited to submit a bid to supply the services specified. A non-mandatory pre-bid
conference will be held on October 12, 2011 at 1:00 p.m. at the City of Oklahoma City,
Utilities Department, 420 W. Main Street, Suite 500, Conference Room A, Oklahoma City,
OK 73102.
Invitations to bid will be posted on the City's web site at: www.okc.gov. The specifications and
bid documents may be downloaded from that site. Electronic bidding may be available on certain
bids. If so, the bid will be specifically noted and an access link will be provided. If the bid is not
identified as an electronic bid, then only sealed, hard copy bids will be accepted. Hard copy and
electronic bids filed with the City Clerk will be opened at the time stated, or later, in the
Conference Room, located on the 2nd floor of the Municipal Building. Bids received after the
above stated date and time, will not be accepted, and will be returned to the bidder
unopened. There will be no exceptions to this policy. All bids will remain on file at least 48
hours thereafter before a contract award will be recommended to the Oklahoma City
Environmental Assistance Trust.
Prior to contract award: Original signatures will be required on the following forms: Bid/Pricing
Agreement/Contract Form & Non-Discrimination Statement, Anti-collusion Affidavit. Other
important forms include the Vendor Registration / W-9 Form, Authorization Agreement for
Electronic Funds Transfer, and the Title VI Compliance Report of Employment, General
Instructions and Requirements for Bidders, technical specifications, and other pricing pages or
questionnaires (if applicable).
Bids will only be accepted electronically via the City's web site or, in hard copy at the City
Clerk's Office. Faxed or emailed bids will not be considered.
If you have questions, or need additional information, you may contact me at (405) 297-2309 or
email regina.story@okc.gov.
IMPORTANT: On hard copy bids please
write the bid number, bid opening date,
Regina Story
and title (as listed above) on the lower left
Administrative Specialist corner on the outside of your bid envelope.
Utilities Department Put the information on a label or draw a
box around it to make it easier to see.
BIDDER Return This Form
BID/PRICING AGREEMENT/CONTRACT FORM & NON-DISCRIMINATION STATEMENT
THIS FORM MUST BE COMPLETED BY THE BIDDER PRIOR TO PRICING AGREEMENT/CONTRACT AWARD.
INSTRUCTIONS: This document MUST be completed prior to pricing agreement/contract award. Failure to properly execute the signature
portion on the bid/pricing agreement/contract form prior to pricing agreement/contract award will result in rejection of your bid. This form
constitutes your bid and will be the pricing agreement/contract document under which you are to perform, should your bid be accepted, so it
must be properly and completely executed. It is, therefore, essential that you are aware of its terms as well as those contained in the
specifications.
For hard copy bids, return the bid/pricing agreement/contract form, along with all accompanying documents and specifications, to the attention
of: City Clerk/Secretary, The City of Oklahoma City, Municipal Building, 200 N. Walker, Oklahoma City, OK 73102. The envelope must be
sealed and clearly identified on the outside with the bid number, item description, bid opening date and the bidder's name and address.
Invitations to bid will be posted on the City's web site at: www.okc.gov. The specifications and bid documents may be downloaded fr om that
site. Electronic bidding may be available on certain bids. If so, the bid will be specifically noted and an access link will be provided. If the bid is
not identified as an electronic bid, then only sealed, hard copy, bids will be accepted. Electronic bids may only be submitted through the City's
web site.
THIS PRICING AGREEMENT/CONTRACT is made and entered into, by and between _____________________________________
hereinafter referred to as "bidder" and The City of Oklahoma City, a municipal corporation, or a Public Trust hereinafter referred to as the
"Contract Entity."
WITNESSETH:
WHEREAS, the governing body of the Contract Entity has approved certain specifications and requested by notice that bids be
submitted thereon; and
WHEREAS, this document until executed by the Mayor/Chairman of the Contract Entity constitutes the bidder's proposal; and
NOW, THEREFORE, that in consideration of the covenants, agreements and representations as hereinafter set forth, it is mutually
agreed by the parties that:
1. The bidder agrees to sell and deliver to the Contract Entity, the items of material and/or services, specified in the submitted bid
proposal, which is attached hereto and made a part of this pricing agreement/contract, or as listed below:
Check here if bid prices are attached
Item Description Estimated Quantity Unit Price
Each $
Delivery in days F.O.B. Oklahoma City, Oklahoma Grand Total: _____________________________
Discount for Prompt Payment % Days
2. The Bidder expressly warrants that all articles, materials, goods and/or work covered in this pricing agreement/contract will conform to
the specifications attached and hereby incorporated, as if set forth in full herein; and further warrants that the same shall be of good material,
product and workmanship; and free from defects.
3. If any of the goods fail to meet the warranties contained in Paragraph 2, above, the bidder, upon notice from the Contract Entity, shall
promptly correct or replace the same at the bidder's expense. If the bidder shall fail to so do, the Contract Entity may cancel this order as to all
such goods, and in addition, may cancel the then remaining balance of this order. After notice to the bidder, all such goods will be held at the
bidder's risk. The Contract Entity may, at the bidder's direction, make available such goods to be returned to the bidder at the bidder's risk, and
all transportation charges, both to and from the original destination, shall be paid by the bidder. Any payment for such goods shall be refunded
by the bidder unless the bidder promptly corrects or replaces the same at the bidder's expense.
4. The Contract Entity agrees to pay to the bidder the price and amount in accordance with Paragraph 1 above, based on the quantity
actually purchased, upon delivery to and acceptance by the Contract Entity, of the material and/or service[s] above described and upon the
filing by the bidder, and approval by the Contract Entity, of a verified claim for the amount due.
5. The bidder agrees, in connection with the performance of work under this pricing agreement/contract:
a. That the bidder will not discriminate against any employee or applicant for employment, because of race, creed, color, sex, age, national
origin, ancestry or disability. The bidder shall take affirmative action to insure that employees are treated without regard to their race, creed,
color, age, national origin, sex, ancestry or disability. Such actions shall include, but not be limited to, the following: e mployment, promotion,
demotion or transfer, recruitment, advertising, lay-off, termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship. The bidder agrees to post, in a conspicuous place available to employees and applicants for employm ent, notices to
be provided by the City Clerk/Secretary of the Contract Entity setting forth the provisions of this section, and;
b. That the bidder agrees to include this non-discrimination clause in any subcontracts connected with the performance of this pricing
agreement/contract.
6. In the event of the bidder's non-compliance with the above non-discrimination clause, this pricing agreement/contract may be
canceled or terminated by the Contract Entity. The bidder may be declared by the Contract Entity ineligible for further prici ng
agreement[s]/contract[s] with the Contract Entity until satisfactory proof of intent to comply is made by the bidder.
City/Trust Bid/Pricing Agreement/Contract Forms Form 1 of 8
August 2008
BIDDER Return This Form
7. The risk of loss or damage shall be borne by the bidder at all times until the acceptance of goods, properly packed, by the C ontract
Entity.
8. This pricing agreement/contract, specifications and any attachments constitutes the entire understanding and agreement of the
parties upon the subject matter hereof. There is no agreement, oral or otherwise, which is not contained in or attached to this pricing
agreement/contract. This pricing agreement/contract may not be modified or assigned unless approved in writing and signed by both parties.
9. The parties assume and understand that the variables in the bidder's cost of performance may fluctuate; consequently, the parties
agree that any fluctuations in the bidder's costs will not alter the bidder's obligations under this pricing agreement/contract nor excuse
performance or delay on the bidder's part.
10. This pricing agreement/contract shall be inoperative during such period of time that the aforesaid delivery or acceptance may be
rendered impossible by reason of fire, Act of God or government regulation. Provided, however, to the extent that the bidder has any
commercially reasonable alternative method of performing this pricing agreement/contract by purchase on the market or otherwise, the bidder
shall not be freed of any obligations hereunder by this clause, even though the goods intended for this pricing agreement/contract were
destroyed or their delivery delayed because of an event described above.
11. The shipping or receiving of any goods under this pricing agreement/contract shall not be deemed, or be, a waiver of any right to
damages for any prior failure to ship or receive any goods.
12. This pricing agreement/contract shall be governed by the laws of the State of Oklahoma.
13. The bidder shall be responsible for complying with all applicable federal, state and local laws.
The undersigned individual states that the Bidder will be bound by its bid, the specification, the terms and conditions of the
pricing agreement/contract, and the requirements for bidders.
WITNESS the hands of the parties hereto:
THIS FORM MUST BE COMPLETED BY THE BIDDER PRIOR TO PRICING AGREEMENT/CONTRACT AWARD
Sign Here
Signature of Individual Title
Note: The owner or an officer of the business or corporation may sign this document. A Corporate Seal or a letter of authorization is needed for any other signer. For
instance, if a Salesman or Manager signs this form, a letter of authorization or Corporate Seal is to be attached.
__________________________________________________________________________________________________________________
Printed Name of Individual
__________________________________________________________________________________________________________________
Company Name and Address [Please Print] Zip Code
__________________________________________________________________________________________________________________
Telephone Number and Fax Number if any
City/Trust Bid/Pricing Agreement/Contract Forms Form 2 of 8
August 2008
BIDDER Return This Form
ANTICOLLUSION AFFIDAVIT
THIS FORM MUST BE COMPLETED PRIOR TO PRICING AGREEMENT/CONTRACT AWARD.
The undersigned individual, of lawful age, being duly sworn, upon his/her oath, deposes and says: That the
undersigned individual has the lawful authority to execute the within and foregoing proposal for, and on behalf of, the bidder; that
the bidder has not, directly or indirectly, entered into any agreement, express or implied, with any bidder or bidders, having for its
object the controlling of the price or amount of such bid or bids, the limiting of the bids or the bidders, the parceling or farming
out to any bidder or bidders or other persons, of any part of the pricing agreement/contract or any part of the subject matter of
the bid or bids, or of the profits thereof, and that bidder has not and will not divulge the sealed bid to any person whomsoever,
except those having a partnership or other financial interest with the bidder in the said bid or bids, until after the said sealed bid
or bids are opened.
The undersigned individual further states that the bidder has not been a party to any collusion: among bidders in
restraint of freedom of competition, by any agreement to bid at a fixed price or to refrain from bidding; or with any city/trust
official, city/trust employee or city/trust agent as to the quantity, quality, or price in the prospective pricing agreement/contract, or
any other terms of the said prospective pricing agreement/contract; or in any discussions between the bidders or city/trust
official, city/trust employee or city/trust agent concerning the exchange of money or other thing of value for special consideration
in the letting of a pricing agreement/contract. The bidder states that it has not paid, given or donated or agreed to pay, give or
donate to any city/trust official, officer or employee of the City or awarding agency, any money or other thing of value, either
directly or indirectly, in the procuring of the award of pricing agreement/contract pursuant to this bid.
Witness the hands of the parties hereto:
The undersigned individual states that the Bidder will be bound by its bid, the specification, the terms and
conditions of the pricing agreement/contract, and the requirements for bidders.
THIS FORM TO BE COMPLETED BY THE BIDDER PRIOR TO PRICING AGREEMENT/CONTRACT AWARD
Sign Here
Signature of Individual Title
______________________________________________________________________________________________________
Printed Name of Individual
______________________________________________________________________________________________________
Company Name and Address [Please Print] Zip Code
______________________________________________________________________________________________________
Telephone Number and Fax Number if any
TO BE COMPLETED BY THE NOTARY:
State of * _______________________________________________ )
) SS.
County of *______________________________________________ )
[*State and County where notarized must be written in for bid to be considered.]
Signed and sworn to before me on this ___ day of ____________, _____ by ________________________________________.
[Day] [Month] [Year] [Print the name of the individual who signed above.]
My Commission Number: ___________________ ______________________________________________
[Oklahoma] Notary Public Printed Name
My Commission Expires: ___________________ ______________________________________________
[Date/Year] Notary Public Signature [49 Okla. Stat. 1985 §119]
City/Trust Bid/Pricing Agreement/Contract Forms Form 3 of 8
August 2008
BIDDER Return This Form
Title VI Compliance Report of Employment
AS OF _______________
EEO/AA OFFICER __________________________ TELEPHONE __________________
COMPANY/FIRM NAME __________________________ PROJECT NO. __________________
JOB CATEGORY WHITE BLACK HISPANIC ASIAN AMER OTHER TOTAL HANDI-
AMER INDIAN (SPECIFY) CAPPED
M F M F M F M F M F M F
OFFICIAL
MANAGER
PROFESSIONAL
TECHNICIAN
PROTECTIVE
SERVICES
PARA
PROFESSIONAL
OFFICE
CLERICAL
SKILLED
CRAFT
SERVICE
MAINTENANCE
TOTAL/
PERCENT
STATEMENT OF COMPANY'S EQUAL OPPORTUNITY POLICY: ___________________________
________________________________________________________________________________
________________________________________________________________________________
TITLE VI COORDINATOR NAME: ____________________ TELEPHONE: __________________
SIGNED/TITLE: __________________________________ DATE: __________________
City/Trust Bid/Pricing Agreement/Contract Forms Form 4 of 8
August 2008
Return This Form
BIDDER
GENERAL INSTRUCTIONS AND REQUIREMENTS FOR BIDDERS
THESE INSTRUCTIONS, REQUIREMENTS AND ANY SPECIAL INSTRUCTIONS CONTAINED IN THE SPECIFICATIONS ARE A
PART OF THE TERMS AND CONDITIONS OF THE BIDDERS PROPOSAL. ANY EXCEPTIONS TO THESE
INSTRUCTIONS/REQUIREMENTS OR SPECIFICATIONS MUST BE SPECIFIED AND SUBMITTED WITH THE BIDDER'S
PROPOSAL. FAILURE TO INDICATE ANY EXCEPTIONS WILL BE REGARDED AS FULL ACCEPTANCE OF THESE
REQUIREMENTS AND INSTRUCTIONS.
1. EXAMINATION BY BIDDERS. All bidders must examine the specifications, drawings, schedules, special instructions and
these general requirements prior to submitting any bid/pricing agreement/contract. Failure to examine is at the bidder's own risk.
2. SUBMISSION OF FORMS PRIOR TO PRICING AGREEMENT/CONTRACT AWARD. All bids must be completed in ink or
typewritten, on the forms provided by the Contracting Entity prior to contract award. Any erasures or other changes must be
initialed by the individual signing the bid. All bids/proposals will not be considered unless the bid/pricing agreement/contract form
is signed by the bidder or an authorized agent prior to award. The Anti-collusion Affidavit must be executed by the
bidder/proposer or an authorized representative and notarized. The notarization must contain: [1] the notary's signature [2]
jurisdiction where notarization took place (i.e., State of__, County of__), [3] date of notarization, [4] the notary's commission
expiration date [5] the notary's commission number (Oklahoma) [6] the notary seal and [7] comply with all other applicable laws.
Failure to properly execute the bid/pricing agreement/contract Form & non-discrimination statement prior to award will result in
rejection of the bid.
3. ORIGINAL BID FILED WITH CITY CLERK/SECRETARY. a. Hard Copy Bids: An original of the bid/proposal must be filed
with the City Clerk/Secretary in a sealed envelope which clearly identifies:
[1] the bid number, [2] description, [3] bid opening date, and [4] the bidder's name and address. All bids must be time stamped
by the City Clerk's/Secretary's office before the hour specified on the opening date. b. Electronic Bids: Invitations to bid will be
posted on the City's web site at: www.okc.gov. The specifications and bid documents may be downloaded from that site.
Electronic bidding may be available on certain bids. If so, the bid will be specifically noted and an access link will be provided. If
the bid is not identified as an electronic bid, then only sealed, hard copy, bids will be accepted. Electronic Bids must be
submitted through the City's web site. The web site only permits bids from registered bidders up to the bid deadline.
4. DESCRIPTIVE TERMS. Unless the term “no substitute" is used, the use of brand name, manufacturer, make, or catalogue
designation in describing an item does not restrict bidders to that particular brand name, etc. The term is simply to indicate the
type, character, quality and/or performance equivalence of the item desired. However, the proposed substitution item must be of
such character, quality and/or performance equivalence as that indicated in the specifications. A proposed substitute item must
include complete data as to the manufacturer's name, type, model number, any descriptive bulletins and specifications.
5. EXCEPTIONS. Any exceptions [variances] to these instructions or specifications must be submitted along with the bidder's
proposal. Failure to indicate any exceptions [variance] will be regarded as full compliance with these requirements,
specifications and instructions and will be construed to mean that the bidder proposes to furnish the exact commodity as
described in the specifications/requirements.
6. UNIT PRICES. A unit price for each unit bid must be shown and include packaging and/or packing, if any, unless otherwise
specified. If the quantity is an estimate, the unit price only shall be listed. On items where a quantity is specified, a total shall be
entered in the appropriate column of the bid schedule. If an error is made in extension of the price, the unit price shall prevail.
Items or estimated quantity will be awarded on a “no guarantee” basis. Prices shall be extended in decimals, not fractions, and
shall include transportation and delivery charges, prepaid by the bidder to the destination specified in the special instructions of
the specifications.
7. EXEMPTIONS FROM CERTAIN TAXES. The purchase of certain items of equipment and/or materials by the Contracting
Entity is exempt from the payment of excise, transportation and sales tax imposed by the federal, state and/or city governments.
Such taxes must not be included in the bid prices. Upon request, applicable federal excise exemption certificates will be
furnished.
8. PAYMENTS AND DISCOUNTS.
[a] Payment for the materials, supplies, or equipment as specified in the pricing agreement/contract shall be processed promptly
after completion of delivery of items and after receipt of properly prepared invoice(s) and/or notarized claim voucher, if
applicable. Purchases may be made using a purchasing card however, processing fees may not be added.
[b] Discounts for prompt payment will not be considered in bid evaluations, unless otherwise specified. However, offered
discounts will be taken if payment is made within the discount period.
[c] Late charges cannot be assessed against the City or a Trust.
City/Trust Bid/Pricing Agreement/Contract Forms Form 5 of 8
August 2005
BIDDER Return This Form
9. DELIVERY.
[a] All prices quoted shall be based on delivery F.O.B. Oklahoma City, Oklahoma or to any points located within the municipal
corporate limits (unless otherwise stated in the special instructions) with all charges prepaid to the actual point of delivery.
[b] Bids must show the number of days required for delivery under normal conditions. Unrealistically short or long delivery
promises may cause bids/proposals to be rejected. A successful bidder is required to keep the purchasing agent advised at all
times of the status of the order. All materials, supplies or equipment shall be delivered within thirty (30) days from the date of the
award of the pricing agreement/contract, unless specified otherwise.
10. AWARD OF PRICING AGREEMENT/CONTRACTS. The Contracting Entity reserves the rights to: award by item, groups
of items or all items of the bid; to reject any or all bids in whole or in part; and, waive technical defects, irregularities and/or
omissions.
11. BID BONDS. If required by the specifications, a bid bond [or a certified check or cashier's check] in the required amount
must accompany the bid. This bond may be retained by the Contracting Entity as liquidated damages should the successful
bidder fail to comply with the terms of this bid/proposal. The City Clerk's/Secretary's office may return all bonds or deposits to
unsuccessful bidders after the pricing agreement/contract has been awarded.
12. PERFORMANCE BONDS. If required by the specifications, the successful bidder must post the performance bond, a
certified or cashier's check in the amount required prior to award of pricing agreement/contract. The bid bond or deposit may be
returned to the successful bidder upon the posting of the performance bond.
13. PATENTS. The bidder agrees to indemnify and save harmless the Contracting Entity, the purchasing agent and assistants
from all suits and actions of every nature and description brought against the bidder and/or any assistants because or for the
use of patented appliances, products or processes. The bidder shall pay all royalties and charges which are legal and equitable
evidence of such payment or satisfaction shall be submitted upon request of the City/Trust, as a necessary requirement in
connection with the final execution of any pricing agreement/contract in which patented appliances, products or processes are to
be used.
14. TERMINATION.
[a] The performance of services and/or the delivery of items under any pricing agreement/contract may be terminated by the
Contracting Entity, in whole or in part, whenever it is determined to be in the best interest of the Contracting Entity.
[b] Any such termination will be effected by delivery to the bidder of a termination notice specifying the extent to which
performance or services and/or delivery of ordered commodities is terminated, and the date the termination becomes effective.
[c] After receipt of a termination notice, the bidder shall stop performance of services and/or accept no further orders under the
pricing agreement/contract.
15. COMPLIANCE WITH APPLICABLE LAW. All bidders must comply with all applicable federal, state or local laws and
regulations. Including Title VI and all provisions of the Civil Rights Act of 1964 42, U.S.C. 2000d-et seq.
16. SELF-INSURED. The City or Trust is self-insured for its own negligence, subject to the Governmental Tort Claims Act, Title
51 sections 151 et.seq.
17. RIGHT TO AUDIT. The Contracting Entity shall at all times have the right to examine books, papers and records of the
successful bidder relative to all aspects of the pricing agreements/contracts awarded as a result of this bid to confirm pricing
agreement/contract compliance. Failure to provide the requested information may result in termination of the pricing
agreement/contract. This right to audit only affects pricing agreement/contract compliance as a result of this bid, and does not
apply to vendor records beyond the scope of the pricing agreement/contract.
18. PROPRIETARY INFORMATION. All material submitted to the City becomes public property and is subject to the
Oklahoma Open Records Act upon receipt. If a Bidder does not desire proprietary information in the bid to be disclosed, each
page must be identified and marked proprietary at the time of submittal. The City will, to the extent allowed by law, endeavor to
protect such information from disclosure. The final decision as to what information must be disclosed, however, lies with the
District Court. If the Bidder fails to identify proprietary information, he agrees that by submission of bid that those sections shall
be deemed non-proprietary and available upon public request. Notwithstanding this provision, Bidders must not identify the
entire bid as proprietary.
City/Trust Bid/Pricing Agreement/Contract Forms Form 6 of 8
August 2005
The City of
OKLAHOMA CITY VENDOR REGISTRATION / W-9 FORM
***************** SUBSTITUTE W-9 *****************
Federal Taxpayer Identification Number
(FIN):
(AKA EMPLOYER IDENTIFICATION NUMBER -EIN)
OR Social Security Number:
(IF INDIVIDUAL OR SOLE PROPRIETORSHIP)
PRINT HERE: ___________________________________________________________________
NAME OF BUSINESS OR OWNER, IF SOLE PROPRIETOR/INDIVIDUALLY OWNED
CERTIFICATION: Under penalties of perjury, I certify that:
(1) The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
(2) I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup
withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and
(3) I am a U.S. person (including a U.S. resident alien).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and
dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an
individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN.
SIGN HERE: ____________________________________________________________________________DATE: ___________________________
*************VENDOR REGISTRATION FORM*************
INSTRUCTIONS: Please mark all that apply to you or your company.
Sole Proprietor/Individual Owned Medical Provider New Vendor
Partnership Corporation One-Time Vendor
Limited Liability Company (LLC) Non-Profit (Per IRS 501C3 Regs) Address Change
Lawyer/Attorney Government Federal Tax ID No Change
SALES ADDRESS: ___________________________________________________________
Individual Name if Sole Proprietorship
____________________________________________________________ ___________________________________________________________
Company Name Contact Person
____________________________________________________________ ___________________________________________________________
Street or PO Box E-Mail Address
____________________________________________________________ (_______)_______________________(_______)____________________
City, State, Zip Telephone Number Fax Number
BID ADDRESS (if different): ___________________________________________________________
Individual Name if Sole Proprietorship
____________________________________________________________ ___________________________________________________________
Company Name Contact Person
____________________________________________________________ ___________________________________________________________
Street or PO Box E-Mail Address
____________________________________________________________ (_______)_______________________(_______)____________________
City, State, Zip Telephone Number Fax Number
PAYMENT ADDRESS: ___________________________________________________________
Individual Name if Sole Proprietorship
____________________________________________________________ ___________________________________________________________
Company Name Contact Person
____________________________________________________________ ___________________________________________________________
Street or PO Box E-Mail Address
____________________________________________________________ (_______)_______________________(_______)____________________
City, State, Zip Telephone Number Fax Number
Do you have an electronic catalog? If so, please provide the link to your web site:________________________________________________________
Do you wish to receive payments by electronic funds transfer? ________ Attach an EFT/ACH form (available at www.okc.gov).
I certify that the information supplied herein is correct and that neither the applicant nor any person (or concern) in any connection with the applicant as a
principal or officer is now debarred or otherwise declared ineligible by an public agency for bidding or furnishing materials, supplies or services, to any
other public agency thereof. NOTE: Section 11 of the City Charter prohibits employees of the City from having direct or indirect interest in City Pricing
Agreements/Contracts.
Return to:
Procurement Services ________________________________________________________________________________
(405) 297-2741 Fax (405) 297-2142 Signature of Person Authorized to Sign Date Signed
100 N. Walker, Suite #100
Oklahoma City, OK 73102 ________________________________________________________________________________
Print Name Title
City/Trust Bid/Pricing Agreement/Contract Forms Form 7 of 8
August 2008
The City of
OKLAHOMA CITY
Authorization Agreement for Electronic Funds Payment
To assure prompt processing of your request, please complete the following information.
Please Print
SSN or Taxpayer ID No.: _______________________________________________________
Vendor Name: ________________________________________________________________
Vendor Address: ______________________________________________________________
City & State: ____________________________________ Zip: ________________________
Telephone Number: _________________________ FAX Number: _____________________
E-Mail Address: _______________________________________________________________
Contact Person: _______________________________________________________________
I hereby authorize The City of Oklahoma City and my financial institution to initiate deposit entries to my bank
account. In the event of error, I authorize the institution to withdraw and return the same funds to The City of
Oklahoma City.
Financial Institution: ___________________________________________________________
Branch Location: ______________________________________________________________
City & State: _________________________________________________________________
Type of Account (Please Check One): CHECKING SAVINGS OTHER
ABA Routing Transit Number: __________________________________________________
Account Number: ______________________________________________________________
You must attach a voided check with this completed form.
Signature ________________________________________________ Date: _____________
Title: ________________________________________________________________________
Procurement Services Division – 100 N. Walker, Suite 100
Oklahoma City, Oklahoma 73102 (405) 297-2741 Fax: (405) 297-2142
City/Trust Bid/Pricing Agreement/Contract Forms Form 8 of 8
August 2008
CHECKLIST
This checklist is a summary of the required procedures and/or documents the Contracting Entity
recommends vendors follow, complete, and submit to insure bid may be considered valid. In
order to expedite the formal bidding process, the Contracting Entity would recommend bidders
submit all required documents on this list. This checklist is provided solely for your
convenience. If you have any questions concerning any document on this list, please contact
Regina Story at (405) 297-2309, or regina.story@okc.gov.
Required Procedures
Bid must be in a sealed envelope – Please write the bid number, bid title (as
listed on the Notice to Bidder) on the lower left corner of the envelope.
Bids are due in the City Clerk’s Office by 10:00 a.m. on November 1, 2011 –
Bids received after this time will be returned to the Bidder, unopened.
Required Documents
Bidding Documents Attached?
Bid Form p. 18-21
Contract Documents
Bid/Pricing Agreement w/valid signature and notary Form 1-2
Anti-Collusion Affidavit Form 3
Contract Award Documents Attached?
Title VI Compliance Report of Employment Form 6
Insurance Certificate (naming The City of Oklahoma City and Bidder
OCEAT as additionally or co-insured) Provides
Vendor Form (W9 may be substituted) Form 7
Optional Contract Award Document
Electronic Form of Payment Form (EFP-optional) Form 8
2011
Regina Story, Administrative Specialist
Utilities Department
The City of Oklahoma City
(405) 297-5309 or
regina.story@okc.gov
OCEAT 01-12 SPECIFICATIONS FOR DISPOSAL OF
MUNICIPAL SOLID WASTE, CONSTRUCTION AND
DEMOLITION WASTE, WATER & WASTEWATER SLUDGE
WASTE, APPLIANCES THAT MAY CONTAIN
REFRIGERANTS, AND TIRES, FEBRUARY 1, 2012
THROUGH JANUARY 31, 2016
BIDS DUE: November 1, 2011
OCEAT 01-12 Specifications for Disposal of Municipal Solid Waste,
Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
TABLE OF CONTENTS
I. INTENT OF CONTRACT 1
II. BACKGROUND 1
III. SCOPE OF PRICING AGREEMENT/CONTRACT 1
IV. CONTRACTING ENTITY 1
V. PRICING AGREEMENT/CONTRACT PERIOD 1
VI. ORDER OF PRECEDENCE 1
VII. NON-MANDATORY PRE-BID CONFERENCE 1
VIII. INSURANCE REQUIREMENTS 2
IX. INDEMNIFICATION 3
X. ASSIGNMENT 3
XI. WORK TO BE PERFORMED 3
XII. TERMINATION 3
XIII. BANKRUPTCY 4
XIV. IMPOSSIBILITY OF PERFORMANCE 4
XV. ENTIRE CONTRACT 4
XVI. AMENDMENTS 5
XVII. RIGHT TO ACCEPT OR REJECT AND WAIVING OF FORMALITIES 5
XVIII. CLARIFICATION 5
XIX. VENUE 5
XX. LAWS TO BE OBSERVED 5
XXI. LAWS TO GOVERN 5
XXII. AWARD OF BIDS 5
XXIII. COST ADJUSTMENT TERMS 5
XXIV. INSPECTION OF DISPOSAL/TRANSFER FACILITY AND OPERATIONS BY OCEAT 6
XXV. INDEPENDENT CONTRACTOR 7
XXVI. SAVINGS CLAUSE 7
XXVII. SECTION HEADINGS 7
XXVIII. WAIVER 7
XXIX. INCORPORATION BY REFERENCE 7
XXX. ORIGINALS 7
XXXI. CONTRACT BREACH 8
XXXII. WHOLE CONTRACT 8
XXXIII. INTERPRETATION 8
XXXIV. REQUIRED DOCUMENTS 8
XXXV. SCHEDULE 8
XXXVI. WAGES 8
OCEAT 01-12 Specifications for Disposal of Municipal Solid Waste,
Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
XXXVII. SECTION I. DISPOSAL OF MUNICIPAL SOLID WASTE, CONSTRUCTION, AND
DEMOLITION WASTE, AND WATER & WASTEWATER SLUDGE WASTE 9
A. Acceptance of Municipal Solid Wastes. ................................................................................................. 10
B. Hours of operations. ................................................................................................................................ 10
C. Signs at Disposal/Transfer Facility......................................................................................................... 10
D. Access to Disposal/Transfer Facility. ..................................................................................................... 10
E. Records. .................................................................................................................................................... 11
F. Designation of Designated Haulers......................................................................................................... 11
G. No Preference by Bidder. ........................................................................................................................ 11
H. Permits, Licenses, and Approvals. (Bidder to Obtain) ........................................................................ 11
I. Flow Fee Agreement. ............................................................................................................................... 12
XXXVIII. SECTION II. DISPOSAL OF APPLIANCES THAT MAY CONTAIN REFRIGERANTS. 16
XXXIX. SECTION III. DISPOSAL OF TIRES 17
XL. ESTIMATED ANNUAL REQUIREMENTS (NO GUARANTEE) 17
XLI. BID AWARD 19
A. No Response(s) ......................................................................................................................................... 19
B. Bid Tabulation ......................................................................................................................................... 19
C. Bid Price Sheet ................................................................................................................................... 19-20
XLII. Bidder’s Reference Sheet 22
PERFORMANCE BOND 23
RULES AND REGULATIONS FOR FREE LANDFILL DAY ............................................................................ 25
EXHIBIT A 296
EXHIBIT B 30
OCEAT 01-12 Specifications for Disposal of Municipal Solid Waste,
Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
I. INTENT OF CONTRACT
The intent of this specification is to provide Oklahoma City Environmental Assistance Trust
(OCEAT) bids for a contract for disposal of disposal of municipal solid waste, construction and
demolition waste, water & wastewater sludge waste, appliances that may contain refrigerants,
and tires.
II. BACKGROUND
The City of Oklahoma City utilizes waste disposal services for approximately 185,000
households and businesses. The OCEAT landfill contracts are used by all City departments and
trusts of which the City is a beneficiary.
III. SCOPE OF PRICING AGREEMENT/CONTRACT
To provide the services listed below in accordance with the terms, conditions, and provisions set
forth herein.
IV. CONTRACTING ENTITY
The term "Contracting Entity" as used throughout these specifications shall mean the Oklahoma
City Environmental Assistance Trust. However, should The City of Oklahoma City or another
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 contracted vendor(s)
will honor the terms and conditions, including price, of the pricing agreement(s)/contract(s).
V. PRICING AGREEMENT/CONTRACT PERIOD
The primary term of the contract shall be in effect from February 1, 2012 through January 31,
2016; provided that OCEAT shall have the option to extend the Contract annually, upon mutual
agreement and thirty (30) days written notice to Bidder prior to the expiration of the current term
of the Contract.
VI. ORDER OF PRECEDENCE
In the event of an inconsistency between provisions of this contract, the inconsistency shall be
resolved by giving precedence in the following order:
a. Bid/pricing agreement/contract
b. General instructions and requirements for bidders
c. Specifications for disposal of waste
d. Other reference materials included in bid response submittals.
VII. NON-MANDATORY PRE-BID CONFERENCE
A non-mandatory pre-bid conference will be held on October 12, 2011 at 1:00 p.m. at the City of
Oklahoma City, Utilities Department, 420 W. Main Street, Suite 500, Conference Room A,
Oklahoma City, Oklahoma 73102. NOTE: The conference will begin at the designated time; a
sign-in sheet will be passed to all attendees; only full-time employees of the prospective Bidder’s
company will be considered as eligible representatives for attendance.
BIDS DUE: November 1, 2011 1
OCEAT 01-12 Specifications for Disposal of Municipal Solid Waste,
Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
VIII. INSURANCE REQUIREMENTS
The successful bidder shall procure and maintain insurance, in the following amounts, against all
claims for injuries to persons or damages to property which may arise from, or in connection for
the duration of the contract.
The Contractor assumes all risks incident to or in connection with its purpose to be conducted
herein under and shall indemnify, defend and save the Oklahoma City Environmental Trust
harmless from damage or injuries of whatever nature or kind to persons or property arising
directly or indirectly out of the Contractor's operations and arising from acts or omissions of its
employees and shall indemnify, defend, and save harmless the Oklahoma City Environmental
Trust from any penalties for violation of any law, ordinance or regulation affecting or having
application to said operation or resulting from the carelessness, negligence or improper conduct
of Contractor or any of its agents or employees.
In this connection, the Contractor shall carry Worker's Compensation in accordance with State
Laws and Employers Liability Insurance in the following amounts:
Comprehensive Business Auto – Limits shall be carried in an amount not less than One
Million Dollars ($1,000,000) combined single limit for bodily injury and property
damage, providing coverage for at least any and all leased, owned, hired or non-owned
vehicles used in any of Contractor's activities pursuant to this agreement, with any self
insured retention not exceeding One Hundred Thousand Dollars ($100,000). Any and all
mobile equipment which is not covered under this Comprehensive Business Auto policy
shall have said coverage provided for under the Comprehensive General Liability policy.
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 number of claims for damage
to or destruction of property, including but not limited to consequential damages, arising
out of a single accident or occurrence.
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 accident or occurrence.
Single Occurrence or Accident Liability - In an amount not less than one million dollars
($1,000,000) for any number of claims arising out of a single occurrence or accident.
The insurance policies shall be issued by a company approved by the Oklahoma City
Environmental Trust. The OCEAT shall be furnished with a Certificate of Insurance, which
shall provide that such insurance shall not be changed or canceled without ten days prior written
notice to the OCEAT. Certificates of Insurance shall be delivered to the OCEAT prior to the
commencement of the Agreement. The policy shall list the OCEAT as co-insured or additional
insured.
BIDS DUE: November 1, 2011 2
OCEAT 01-12 Specifications for Disposal of Municipal Solid Waste,
Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
IX. INDEMNIFICATION
The Contractor shall indemnify and save harmless the City of Oklahoma City and OCEAT, their
respective officers, employees and agents from all claims, suits or actions of every kind and
character made upon or brought against the City of Oklahoma City and OCEAT, their respective
officers, employees and agents, for or on account of any injuries or damages received or
sustained by any party or parties by or from the acts of said Contractor or its servants, agents and
subcontractors, in doing the work and rendering the services contracted for, or by or in
consequence of any negligence in operations or any improper material or equipment used, or by
or on account of any act or omission of said Contractor or his or its servants, agents and
subcontractors. This hold harmless and indemnity obligation shall include attorney's fees, court
costs and all other expenses incurred in the investigation and defense of any claim or suit.
X. ASSIGNMENT
The Contractor shall not assign the Contract to another party, company, partnership or
corporation without specific approval in writing from the OCEAT
XI. WORK TO BE PERFORMED
The Contractor shall, in a good and first-class workmanlike manner, at his own cost and expense,
furnish all labor and materials, tools, equipment, and vehicles required to perform and complete
said Disposal of Waste services in accordance with the above-listed components of this Contract.
XII. TERMINATION
In addition to and cumulative of OCEAT's rights and remedies under other provisions of this
Contract, OCEAT shall have the right to terminate or suspend this Contract and all the provisions
hereof as to Contractor at any time as follows:
(a) As its sole option and discretion upon one hundred eighty (180) days notice to
Contractor; or
(b) With the concurrence of the Council of the City of Oklahoma City upon a finding
that such termination is in the public interest; or
(c) For any good and sufficient cause, which shall be deemed to exist whenever
OCEAT, in its sole discretion, determines that services can no longer be adequately performed
by the Contractor in accordance with the terms and conditions of this Contract or that the health,
welfare or safety of the public is threatened by the continued performance of the Contractor
hereunder. The following, by way of example, but not of limitation, may, but not necessarily
shall, be considered good and sufficient cause.
(i) Failure of Contractor to commence operations within the time specified in
this Contract.
(ii) Failure of Contractor to provide and maintain sufficient labor and
equipment to property perform hereunder.
(iii) Evidence that Contractor has abandoned the work.
(iv) Evidence that Contractor has become insolvent or bankrupt and is
therefore financially unable to carry on the work satisfactorily.
(v) Evidence that Contractor has made an unauthorized assignment of this
contract.
BIDS DUE: November 1, 2011 3
OCEAT 01-12 Specifications for Disposal of Municipal Solid Waste,
Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
(vi) Failure to maintain permits, licenses or approvals necessary for disposal of
waste contemplated by this Contract.
OCEAT shall not suspend or terminate this Contract unless and until Contractor has been given
notice of the condition which would otherwise cause suspension or termination and Contractor
has failed to cure such condition within a reasonable time after receipt of said notice; provided
that no opportunity to cure shall be required if OCEAT determines the health, welfare, or safety
of the public is endangered by the continued services of the Contractor.
A copy of the termination or suspension order or action of OCEAT shall be served on Contractor
and on Contractor's Surety. When work is suspended for any cause(s) during the term of this
Contract or that portion thereof which OCEAT has ordered Contractor to discontinue, and may
perform the same or may sublet the work or that portion of the work taken over to a contractor
approved in writing by OCEAT's Solid Waste Manager; provided however, that the Surety shall
exercise its option and begin performance of the work, if at all, within one (1) week after the
written notice to discontinue the work has been served upon Contractor and upon the Surety or
its authorized agent. The Surety, in such event shall assume Contractor's place in all respects
and shall be bound by all the terms and conditions of this Agreement. The Surety shall be paid
by OCEAT for all work performed by it in accordance with the terms of this Contract.
In case the Surety does not, within the above specified time, assume Contractor's responsibilities
under this Contract, or that portion thereof which OCEAT has ordered Contractor to discontinue,
then OCEAT shall have the power and right to perform and complete, by contract or otherwise,
as it may determine, the work herein described or such part thereof as it may deem necessary,
and Contractor agrees that OCEAT shall have the right to procure equipment, labor and materials
necessary for the completion of the work.
In all instances, Contractor and its Surety shall be liable for all costs incurred by OCEAT during
the period after notice to discontinue the work has been served upon Contractor and the Surety.
XIII. BANKRUPTCY
If the Contractor becomes bankrupt or insolvent, or if a petition in bankruptcy is filed against the
Contractor, or if a receiver is appointed for the Contractor, OCEAT shall have the right to
terminate this Contract upon written notice to the Contractor without prejudice to any claim for
damages or any other right of OCEAT under this Contract to the time of such termination.
XIV. IMPOSSIBILITY OF PERFORMANCE
In the event that it shall become impossible or unlawful for the Contractor to continue the
performance under the Contract by reason of an act of the Oklahoma legislature hereinafter
passed, or by act of the Council of the City of Oklahoma City or OCEAT, or by reason of a
change in the Charter of the City of Oklahoma City, or by reason of a final order by a court of
record in proceedings not instituted by or acquiesced in by the Contractor, directly, or indirectly,
and not due to any act or negligence upon the Contractor, the Contractor shall not be liable for
damage for consequences arising solely out of such impossibility.
XV. ENTIRE CONTRACT
This Contract and its components contain the entire understanding and agreement of the parties
upon the subject matter hereof. There is no agreement, oral or otherwise, that is not set forth in
writing hereto or attached.
BIDS DUE: November 1, 2011 4
OCEAT 01-12 Specifications for Disposal of Municipal Solid Waste,
Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
XVI. AMENDMENTS
This Contract can be amended only by written agreement duly authorized and executed by the
parties hereto.
XVII. RIGHT TO ACCEPT OR REJECT AND WAIVING OF FORMALITIES
The Contracting Entity reserves the right to reject any or all bids, to waive certain formalities, to
award the contract to the lowest and best bidder(s), and/or award to multiple bidders depending
upon the selection criteria.
XVIII. CLARIFICATION
These specifications constitute a vital part of the vendor's bid proposal. The proposed bid must
be submitted on these specifications. FAILURE TO DO SO WILL RESULT IN A
RECOMMENDATION OF BID REJECTION.
XIX. VENUE
The parties hereby agree that should any action, whether real or asserted, at law or in equity, arise
out of the terms and conditions of the Contract, then venue for the action shall be in Oklahoma City,
Oklahoma County, Oklahoma.
XX. LAWS TO BE OBSERVED
In its performance hereunder, the Bidder and agents agree to qualify under and comply with all
federal, state and local laws, rules and regulations and any amendments or additions thereto.
XXI. LAWS TO GOVERN
It is understood and agreed by the parties that the law of the State of Oklahoma shall govern the
rights, obligations, duties and liabilities of the parties to this Contract and shall govern the
interpretation of these Specifications.
XXII. AWARD OF BIDS
OCEAT intends to enter into contracts with all Bidders who meet the bid requirements and who can
perform the required services as specified to the benefit of OCEAT.
XXIII. COST ADJUSTMENT TERMS
Annual Consumer Price Index (CPI) Adjustment
The unit price for the second and subsequent years of the contract may be
adjusted upward or shall be adjusted downward on February 1 of each year,
beginning on February 1, 2013, based on the adjustment methodology described
below:
CPI Adjusted Unit Price = Current Contract Price + (((CPICY – CPIPY) / CPIPY)
X Current Contract Price), rounded to the nearest cent.
Where:Current Contract Price = Initial contract unit price plus previous CPI Unit
Price Adjustments as provided for in the contract.
BIDS DUE: November 1, 2011 5
OCEAT 01-12 Specifications for Disposal of Municipal Solid Waste,
Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
CPIPY = Bureau of Labor Statistics CPI-W, All items, for the second January
prior to the contract anniversary date of the contract year in which the adjustment
is requested.
CPICY = Bureau of Labor Statistics CPI-W, All items, for January immediately
prior to the contract anniversary date of the contract year in which the adjustment
is requested.
All calculations are performed using standard rounding methods.
As soon as possible after the CPI-W index for January is published, Bidder shall
send to OCEAT a Rate Adjustment Statement setting out the following
information:
(i) the index value for the second January immediately prior to the contract
anniversary date of the contract year in which the adjustment is requested;
(ii) the index value for January prior to the contract anniversary date of the
contract year in which the adjustment is requested; and
(iii) the net percentage increase or decrease in the unit price proposed to be
charged by Bidder together with a revised Bid Price Schedule Form,
reflecting the increases or decreases per this contract.
Unit price adjustments, in any single contract year, shall be equivalent to the
percent change in the CPI-W index, as determined above, or five percent (5%) of
the prior contract year’s unit price, whichever is lower.
In the event the index named in this Article is not published in January of any
given year, the calculation shall be performed using the index value as published
in the last month immediately preceding the January contemplated by the
contract. In the event the index named in the Article is discontinued, the
successor index shall replace it. The successor index shall be the index most
closely equivalent to the discontinued index as recommended by the United States
Department of Labor, Bureau of Labor Statistics.
OCEAT shall have the right, at reasonable times and upon reasonable notice to Bidder, to inspect
all records or other information that supports Bidder’s statement and information contained
therein. No increase in the unit price shall be made pursuant to this Article unless and until
Bidder has satisfactorily submitted to OCEAT the above-described written documentation and
OCEAT has agreed to the requested Unit Price Adjustment amount. Should application of a CPI
adjustment favor OCEAT, OCEAT may initiate the annual rate adjustment procedure.
XXIV. INSPECTION OF DISPOSAL/TRANSFER FACILITY AND OPERATIONS BY
OCEAT
OCEAT or its designated representative shall have the right to observe and review Bidder's
operations and to enter the premises at the Disposal/Transfer Facility for the purpose of such
observation and review during regular business hours: provided, however, that this provision
BIDS DUE: November 1, 2011 6
OCEAT 01-12 Specifications for Disposal of Municipal Solid Waste,
Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
shall not be construed as giving OCEAT any right to exercise control over the business or
operations of Bidder or to direct in any respect the manner in which such business or operations
are conducted.
XXV. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties that Bidder shall perform all work and services
described herein as an independent contractor and not as an officer, agent, servant or employee of
OCEAT; that Bidder shall have exclusive control of and the exclusive right to control the details of
the work and services performed hereunder and all persons performing the same; that Bidder shall
be solely responsible for the acts and omissions of its officers, agents, employees, and contractors, if
any; and that nothing herein shall be construed as creating a partnership or joint venture between
OCEAT and Bidder. No person performing any of the work or services described hereunder shall
be considered an officer, agent, servant or employee of OCEAT, nor shall any such person be
entitled to any benefits available or granted to employees of OCEAT.
XXVI. SAVINGS CLAUSE
If any provision of the Contract shall for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such provision shall not affect the validity or enforceability of any
of the remaining provisions of the Contract, and the Contract shall be enforced as if such invalid and
unenforceable provision had not been contained herein.
XXVII. SECTION HEADINGS
The Article and paragraph headings contained herein are for convenience in reference and shall not
be considered to define, limit or expand the scope of any provision of these Specifications.
XXVIII. WAIVER
A waiver of any breach of any provision of these Specifications shall not constitute or operate as a
waiver of any other breach of such provision or of any other provision of the Contract, nor shall the
failure to enforce any provision hereof operate as a waiver of such provision or of any other
provision of these Specifications.
XXIX. INCORPORATION BY REFERENCE
The Notice to Bidders, Disposal Specifications, Contract Form/Anticollusion and Non-
Discrimination Statement, Bid Price Schedule Form, Performance Bond, Anti-collusion Affidavit,
and Attachments thereto issued by OCEAT as part of the process by which the Contract was
awarded shall be deemed a part of the Contract and are hereby incorporated into the Contract by
reference.
XXX. ORIGINALS
The Contract shall be executed in multiple counterparts, each of which shall be deemed an original.
BIDS DUE: November 1, 2011 7
OCEAT 01-12 Specifications for Disposal of Municipal Solid Waste,
Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
XXXI. CONTRACT BREACH
A breach of any provision of the Contract shall be deemed a breach of the entire Contract. Any
waiver of any breach of the Contract shall not act to waive any other prior or subsequent breach
hereof.
XXXII. WHOLE CONTRACT
It is expressly agreed by and between the parties hereto that the provisions embodied in the Contract
and other documents referenced contain all covenants, agreements obligations, rights, duties and
stipulations agreed upon by the parties hereto upon the execution hereof. No statements or
representations, oral or written, not incorporated herein shall be considered to be a part of the
Contract.
XXXIII. INTERPRETATION
The Contract shall not be interpreted either for or against any party hereto, but rather as a neutrally
drafted agreement between willing parties.
XXXIV. REQUIRED DOCUMENTS
The Bidder agrees to execute and abide by the Bid Price Schedule Form, Contract
Form/Anticollusion and Non-Discrimination Statement, Bid Bond which are attached and
incorporated herein by specific reference.
XXXV. SCHEDULE
The anticipated schedule for the procurement process is as follows:
Activity Date Time
Approval of Specifications by OCEAT 9/27/11 8:30 a.m.
Specifications First Advertisement Date 9/28/11 -
Second Advertisement Date 10/5/11 -
Non-Mandatory Pre-Bid Conference 10/12/11 1:00 p.m.
Last Day to Request Clarifications or Submit 10/25/11 5:00 p.m.
Written Questions
Bids Due 11/1/11 10:00
a.m.
XXXVI. WAGES
Bidder agrees to pay to all persons employed by Bidder for the performance of work pursuant to
these Specifications not less than the lawful minimum wage and benefits for such persons’ job
classifications.
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OCEAT 01-12 Specifications for Disposal of Municipal Solid Waste,
Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
XXXVII. SECTION I. DISPOSAL OF MUNICIPAL SOLID WASTE, CONSTRUCTION,
AND DEMOLITION WASTE, AND WATER & WASTEWATER SLUDGE WASTE
ARTICLE 1.
A. Definitions
Municipal Solid Waste or Household Waste, Construction and Demolition Waste and
Sludge shall be as defined by the Oklahoma Department of Environmental Quality,
Section 252:515-1-2 or its successor sections.
B. Routine Services
The successful bidder will be required to provide a Disposal/Transfer Facility (sanitary
landfill or transfer station) to OCEAT for the disposal of Municipal Solid wastes and
other wastes as defined herein. Disposal sites for contracted refuse services must be
legally empowered to accept refuse for treatment or disposal and must meet all federal,
state, and local licensing and operating requirements. Bidder will be responsible for any
and all damage caused by bidder to property by its employees, and agents and
equipment.
Each individual Disposal Site/Transfer Facility must be bid separately. Bidder
agrees to open the landfill for two (2) “free days” in a calendar year (one day in
the Spring and one day in the Fall). The dates of the “free days” will be
determined by the OCEAT. Please refer to Attachment 2 for the OCEAT’s
current guidelines for the “free days”. The OCEAT reserves the right to amend
the guidelines as necessary. The “free days” will allow Oklahoma City residents
who present an Oklahoma drivers license and City of Oklahoma City utility bill to
dispose of municipal solid waste at no charge to these residents. On very rare
occasions OCEAT may need an additional free landfill day during any given year.
All waste received by Bidder during the free landfill days will be billed to
OCEAT as per the prices bid for municipal solid waste per Section I. C.
Disposal of Municipal Solid Waste, Construction and Demolition Waste, and
Water & Wastewater Sludge, does, in fact, include refuse of waste material of
animal, vegetable, or mineral composition, subject to combustion, putrification, or
disintegration by oxidation. The disposal of euthanized animals by the City of
Oklahoma City Animal Shelter will continue to be allowed in accordance this
definition.
Construction and Demolition waste shall be as defined by ODEQ in Title 252 and
Bulky waste (to exclude garbage as defined in Chapter 49 of the Oklahoma City
Municipal Code 2010, as amended) as defined in Chapter 49 of the Oklahoma
City Municipal Code 2010, as amended.
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OCEAT 01-12 Specifications for Disposal of Municipal Solid Waste,
Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
ARTICLE 2. BIDDER'S RESPONSIBILITIES.
A. Acceptance of Municipal Solid Wastes.
Bidder agrees to accept Municipal Solid Wastes or construction and demolition waste, and water
and wastewater sludge, only to the extent bidder has indicated on the pricing forms below from the
entity or entities named by OCEAT to deliver Municipal Solid Wastes to the Disposal/Transfer
Facility, which shall be limited to firms, licensed by Oklahoma City to service rural and urban areas
within the Oklahoma City corporate limits or other municipalities within the counties immediately
abutting Oklahoma City boundaries (hereinafter known as Designated Haulers) and OCEAT. The
amount disposed of at the Disposal Facility or Transfer Site will be designated by the Solid Waste
Management Division Manager. The Municipal Solid Waste (or other waste materials) becomes
the property of and responsibility of the Bidder upon delivery, by OCEAT vehicles or Designated
Haulers, to Bidder's facility and acceptance by Bidder.
B. Hours of operations.
Bidder agrees that the Disposal/Transfer Facility shall be open to receive all wastes from the
Designated Haulers and OCEAT vehicles from 8:00 a.m. to 6:00 p.m. Monday through Friday and
from 8:00 a.m. to 4:00 p.m. on Saturday. The OCEAT holiday collections schedule is published
each fiscal year, and bidder’s facilities will be required to be open to accept wastes according to that
schedule, and as otherwise directed by the Solid Waste Manager. Accommodations for after-hours
disposal will be required on the request of the Solid Waste Management Division Manager at no
additional charge to OCEAT.
C. Signs at Disposal/Transfer Facility.
At its sole expense, Bidder agrees to post sign(s) at the entrance to the Disposal/Transfer Facility
which contain the following information: (a) the regulations to be followed by vehicles entering the
site; (b) the hours of operation; (c) the types of waste materials accepted; (d) a local telephone
number to call, for information and in the event of an emergency.
D. Access to Disposal/Transfer Facility.
(a) Bidder agrees to construct and maintain all-weather roads running into and across the
Disposal/Transfer Facility as necessary to allow the Designated Haulers and OCEAT vehicles to
travel from the end of the public road leading into the Disposal/Transfer Facility during inclement
weather to the area designated by Bidder for the dumping of Municipal Solid Wastes; (b) The
Bidder agrees to maintain a suitable surface within the dumping area to facilitate dumping
operations by the Designated Haulers and OCEAT vehicles.
Bidder shall provide a temporary disposal area for OCEAT’s use during periods when
weather conditions significantly affect the Bidder’s ability to maintain suitable roads as
provided for above. Should the Solid Waste Manager determine that such roads or
temporary unloading area(s) are not sufficiently suitable for use, OCEAT reserves the
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right to cease use without notice to bidder until conditions are deemed suitable by the
Solid Waste Manager.
E. Records.
Bidder agrees to maintain written records on a daily, cumulative weekly, cumulative monthly and
cumulative annual basis for each of the Designated Haulers and OCEAT vehicles. These records
shall indicate the number of tons or "gate yards" (as provided in Article 3.3) of Municipal Solid
Wastes delivered.
OCEAT, or its designated representative, shall have the right to inspect such records or
the record keeping procedures of Bidder at any time during regular business hours of the
Bidder: provided, however, that OCEAT agrees not to interfere unreasonably with the
work of Bidder's staff.
F. Designation of Designated Haulers.
Bidder agrees that OCEAT shall have the right to designate all Designated Haulers; provided,
however, that Bidder may require all Designated Haulers to observe the regulations posted at the
Disposal/Transfer Facility and to operate in accordance with industry safety practices and standards.
G. No Preference by Bidder.
Bidder agrees to give no preference or priority of treatment over the Designated Haulers, or any
other persons bringing solid wastes for disposal at the Disposal/Transfer Facility. Bidder further
agrees not to give any preference or priority of treatment among Designated Haulers unless such
preference or priority is requested in writing by OCEAT.
H. Permits, Licenses, and Approvals. (Bidder to Obtain)
1) Bidder agrees to obtain and maintain, at its sole expense, all necessary permits,
licenses, and approvals from all governmental entities having jurisdiction over
the collection, removal and disposal of solid waste from city owned or related
facilities, so that Bidder may operate in accordance with these Specifications and
all laws, rules, or regulations applicable. Bidder agrees to file with OCEAT a
true and correct copy, certified by the granting agency, of each permit, license,
or approval.
2) Bond to Finance Closure Plan, Bidder agrees to maintain during the life of the
Contract for Disposal of Municipal Solid Wastes the bond required by 27A
O.S. Supp. 1999 section 2-10-101 et.seq. and all future amendments thereto,
or regulations promulgated thereunder. A copy of a permit issued by The City
of Oklahoma City pursuant to provisions of Chapter 49, Article IV, of the
Oklahoma City Municipal Code, 2011, if required, and proof of compliance with
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zoning regulations if landfill or transfer station is located within the City of
Oklahoma City is required.
If the landfill, or transfer station is located within another subdivision of the State,
then a copy of any permits or licenses, if any, required by that political
subdivision, and proof of compliance with the zoning regulations, if any, of that
political subdivision is required.
I. Flow Fee Agreement.
As a prerequisite for consideration of award after receipt of bids, a Commercial Solid Waste
Disposal Fee Agreement shall be executed and maintained with Oklahoma City or OCEAT, to
collect Commercial Solid Waste disposal fees with respect to commercial solid waste generated
within the corporate limits of the City and brought to the Bidders’ permitted sanitary landfill or dirt,
rock, and construction or reconstruction debris landfill (See Exhibit A).
Exhibit B lists those companies OCEAT already has an existing Commercial Solid Waste
Disposal Fee Agreement.
ARTICLE 3. COMPENSATION FOR SERVICES RENDERED BY BIDDER.
A. Payment for Service Rendered.
Monthly, OCEAT shall pay Bidder for the amount of municipal solid wastes actually
delivered to the Bidder’s disposal/transfer site(s).
B. Scales.
Bidder shall use scales to weigh all Municipal Solid Wastes delivered by the
Designated Haulers and OCEAT vehicles to the Disposal/Transfer Facility. The scales
shall be computerized and shall have a system and format compatible with those used by
OCEAT. The Bidder shall compile and maintain records of the actual quantity of
Municipal Solid Wastes delivered each month to the Disposal/Transfer Facility by each
Designated Hauler and OCEAT vehicles. Bidder must submit monthly a duplicate copy of
each weight receipt and a daily reconciliation of tonnage received from each Designated
Hauler and/or OCEAT vehicle and of weight receipts issued to each Designated Hauler and
OCEAT vehicle to the Solid Waste Management Division Manager. Records shall include
weight receipts for every load delivered from individual vehicle, by equipment number,
designating the number of tons delivered. The driver of the vehicle shall sign each weight
receipt. At all times during this Contract, the Bidder shall maintain its scales in
compliance with the standards of the Oklahoma Corporation Commission. Should the
scales required in Article 3.2 not be in compliance or unavailable, or otherwise not meet
the requirements of Article 3.2, for more than twenty (20) days, then Bidder shall pay the
sum of one hundred dollars ($100.00) liquidated damages per day for each day the scales
are not in operation and in compliance with Article 3.2. Said liquidated damages may be
collected by OCEAT or be withheld from compensation otherwise due the Bidder under
these specifications.
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C. Gate Yard Conversion.
In the event the scales for Disposal of Municipal Solid Wastes are temporarily out of
service to weigh Municipal Solid Wastes delivered to the Disposal/Transfer Facility, then
the Municipal Solid Wastes delivered to the Disposal/Transfer Facility shall be measured
in cubic yards or "Gate Yards". Under this method of measurement, one Gate Yard
equals 0.29 tons of municipal solid wastes, equals .90 tons of water and wastewater
sludge, equals 1.4 tons of dirt, and equals 0.37 tons of construction/demolition debris
unless otherwise specified in writing by OCEAT.
D. Payment of Contractor.
Monthly, Bidder shall submit to OCEAT an invoice for amount of solid wastes actually
delivered to the Bidder’s disposal/transfer site(s). Bidders must keep daily tonnage records
certifying the quantities of refuse brought to each disposal site by OCEAT or each of its
Designated Haulers pursuant to the Contract. The invoice shall provide all information
required by OCEAT to verify refuse disposed and process for payment. The invoice amount
shall be equal to the tonnage of refuse disposed multiplied by the respective Unit Prices
applicable.
At the time Bidder submits the monthly invoice, Bidder shall also submit to OCEAT a
report for the preceding month. This report shall be on a form supplied by OCEAT and
shall state the Actual Quantity of Municipal Solid Wastes delivered by each Designated
Hauler and OCEAT vehicles during the invoice month and for the year-to-date. OCEAT
shall review the monthly invoice and the monthly report received from Bidder. OCEAT
may request additional information from Bidder concerning the monthly invoice as
necessary. If made, this request shall be in writing and shall specify the information
requested. Bidder will contact the Solid Waste Manager’s Designee by the 3rd of each
month for these records to be picked up.
E. Full Payment.
Bidder agrees to accept payments from OCEAT as described in Article of these
Specifications as full compensation for services rendered hereunder.
F. Lower/Higher Unit Price.
Should it be discovered or determined by OCEAT, or its
designated representative, that the Bidder is accepting Municipal Solid Wastes at a unit
price less than that offered to OCEAT during the same time period then the lower unit
price shall be deemed to be the Unit Price under the Contract and Bidder shall pay
liquidated damages in an amount equal to the difference between the price charged to
OCEAT, and the lower unit price times the number of tons of Municipal Solid Wastes
accepted by the Bidder from OCEAT vehicles and designated haulers on and since the
day in which Municipal Solid Wastes were accepted by the Bidder at the lower unit price.
This Lower/Higher Unit Price provision will be applied to all municipal new, renewed, or
extended contracts after the effective date of the OCEAT contract. It is not the intent of
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OCEAT to force Bidders to abrogate standing contracts; therefore, those municipal
contracts in effect prior to OCEAT contract date will be excluded from this provision
until completion of their current term. Bidder shall provide OCEAT with certified prices
charged and current contract terms of other municipalities under existing contracts, prior
to contract execution and annually thereafter. Said information shall be marked
Proprietary and shall be forwarded to OCEAT via certified mail. Successful bidders will
be required to execute an annual certification, by an independent Certified Public
Accountant at bidder’s expense, that for the previous contract year the bidder has fully
complied with this provision. Certification must be provided annually within 90 calendar
days of end of each contract year.
If OCEAT’s unit price is based on another entity’s unit price and the bidder desires to
raise both unit prices then bidder shall submit to OCEAT in writing its intention and upon
receipt, OCEAT will grant a 90 day period for bidder to acquire the unit price increase
from the other entity. Bidder must limit OCEAT’s unit price increase to the current
year’s Consumer Price Index adjustment. Multiple year unit price requests will not be
approved. For conversion purposes in this section, a cubic or gate yard equals 0.29 tons
of municipal solid wastes, equals 0.90 tons of water and wastewater sludge, equals 1.4
tons of dirt, and equals 0.37 tons of construction/demolition debris unless otherwise
specified in writing by OCEAT. In addition, said lower unit price shall become the Unit
Price under the Contract effective the day which Municipal Solid Wastes were accepted
at the lower unit price.
G. Discrimination Against Haulers.
Should it be discovered or determined by OCEAT, its designated representative, that the
Bidder is discriminating against OCEAT or any Designated Haulers by providing a
preference or priority of treatment to any other Designated Haulers or any third party,
except as agreed to in writing by OCEAT, then the Bidder shall pay liquidated damages
in the amount of one hundred dollars per incident or occurrence. Each and every act of
preference or priority granted any Designated Hauler or other party shall be a separate
incident or occurrence. Said liquidated damages may be collected by OCEAT or be
withheld by OCEAT from compensation otherwise due to Bidder under the Contract,
provided, however, the Bidder shall pay any collection costs, expenses and fees.
H. Regulatory Rate Changes.
In addition to the annual adjustment provided in Cost Adjustment Terms, the Unit Price
may be increased or decreased, upon the request of the Bidder or OCEAT and subsequent
mutual agreement, in response to changes in Regulatory Costs; provided, however, that
any increase in the Unit Price resulting from changes in Regulatory Costs shall not
exceed OCEAT’s pro rata share of the total cost increase which applies to the
Disposal/Transfer Facility, which pro rata share shall be determined on the basis of:
1) The percentage of the daily volume of waste disposed of at the
Disposal/Transfer Facility which is attributable to OCEAT, for those
costs which are, according to generally accepted cost accounting
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Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
principles, attributable to the daily operating costs of the
Disposal/Transfer Facility. The percentage of daily volume
attributable to OCEAT, shall be based upon the average daily
amounts during the one-year period immediately preceding the
request for a Unit Price adjustment pursuant to Article 3.H.
2) The percentage of the total site life time capacity which is utilized by
OCEAT during the one-year period immediately preceding the
request for a Unit price adjustment, for those new Regulatory Costs
which are, by generally accepted cost accounting principles, not
attributable to the daily operating costs of the Disposal/Transfer
Facility. A lawfully assessed fee, charge, or other assessment
payable by users of the Disposal/Transfer Facility and collected by
Bidder shall not be considered a new Regulatory Cost. At the time
Bidder makes a request of a Unit Price adjustment pursuant to this
Article 3.H., Bidder shall submit to OCEAT written documentation
showing the actual new Regulatory Costs incurred or estimated to be
incurred in future years (for new Regulatory Costs that are amortized
over more than one year), and demonstrating that the new
Regulatory Costs were incurred by reason of Bidder’s compliance
with changes in laws or regulations or changes in the enforcement or
interpretation thereof, indicating the method of determining
OCEAT’s pro rata share of such new Regulator Costs, and showing
the calculation of OCEAT’s pro rata share.
If bidder bases the request of adjustment on a change in the enforcement or
interpretation of a law or regulation affecting the Disposal Facility, then
Bidder shall also provide to OCEAT supporting documentation demonstrating
to OCEAT’s satisfaction the existence of and the nature of the change in
enforcement or interpretation. OCEAT shall have the right, at reasonable
times and upon reasonable notice to Bidder, to inspect all records or other
information that supports Bidder’s statement and information contained
therein. No increase in the Unit Price shall be made pursuant to this Article
3.8 unless and until Bidder has submitted the above-described written
documentation and OCEAT has agreed to the amount of a requested Unit
Price Adjustment.
ARTICLE 4. BONDING REQUIREMENTS
A. Performance Bond: A performance bond is required from the successful
bidder(s) for Section I., only, within fifteen (15) calendar days from the date the
OCEAT approves this agreement. The performance bond must be in a form as
shown in “Attachment 1” and in an initial amount equal to two hundred fifty
thousand dollars ($250,000). The bond shall be in force for the full term of the
contract.
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Construction and Demolition Waste, Water & Wastewater Sludge Waste,
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The performance bond shall be executed by a surety company licensed to do
business in the State of Oklahoma; having an “A-“ or better rating by A.M. Best
or Standard and Poors; and included on the list of surety companies approved by
the Treasurer of the United States.
As an alternative to the performance bond required above, at OCEAT’s option,
bidder may deposit with OCEAT an irrevocable letter of credit or a certificate of
deposit on escrow in an amount equal to two hundred fifty thousand dollars
($250,000). If allowed, the letter of credit or certificate of deposit must be issued
by an FDIC insured banking institution chartered to conduct business in the State
of Oklahoma, in the OCEAT’s name, and be callable at the discretion of the
OCEAT. Nothing in this section shall, in any way, obligate the OCEAT to accept
a letter of credit in lieu of the performance bond.
XXXVIII. SECTION II. DISPOSAL OF APPLIANCES THAT MAY CONTAIN
REFRIGERANTS.
ARTICLE 1. INTENT: The OCEAT desires bids for the pickup and proper disposal of
appliances that may contain refrigerants.
ARTICLE 2. PICKUP LOCATION: Appliances will be removed at the Solid Waste
Facility located at 11501 N. Portland, Oklahoma City, Oklahoma, or at other locations
within Oklahoma City, when the roll-off containers are full.
ARTICLE 3. DISPOSAL REQUIREMENTS:
Bidder certifies that they will comply with all federal, state and local laws, rules and
regulations and any amendments or additions thereto.
Upon removal of the appliances, Bidder will be required to execute a statement
containing the following:
1. Date
2. Name of Contractor
3. Address of Contractor
4. Signature of Contractor and Date
5. Description of appliances
Statement: I certify that the CFC (chlorofluorocarbons)-containing appliance delivered
to me for removal of CFC refrigerants will be properly managed and that the level of
CFCs in each appliance will be reduced or removed in accordance with 40 CFR 82.156
(g) (h), and I further certify that this material will be handled according to all state and
federal regulations for removal and disposal of refrigerant products.
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ARTICLE 4. RESPONSE TIME: The successful bidder shall pick up the appliances
within three (3) business days of notification by the OCEAT.
XXXIX. SECTION III. DISPOSAL OF TIRES
ARTICLE 1. INTENT: The OCEAT desires bids for the pickup and proper disposal of
tires.
ARTICLE 2. PICKUP LOCATION: Tires shall be picked up at the Solid Waste
Facility located at 11501 N. Portland, Oklahoma City, Oklahoma or at other locations as
designated by the Solid Waste Manager.
ARTICLE 3. DISPOSAL REQUIREMENTS: Bidder certifies that they will comply
with all federal, state and local laws, rules and regulations and any amendments or additions
thereto regarding the transportation and disposal of these tires. The successful bidder will
be required to notify the OCEAT if any part of this service is reimbursed by the State of
Oklahoma. Bidder shall not invoice the OCEAT for services rendered that are eligible
for reimbursement by the State of Oklahoma or any other governmental entity.
ARTICLE 4. RESPONSE TIME: The successful bidder shall pick up the tires within
three (3) business days of notification by the OCEAT.
XL. ESTIMATED ANNUAL REQUIREMENTS (NO GUARANTEE)
The Contracting Entity estimates annual disposal volume of municipal solid waste is 233,000
tons. The estimated annual disposal volume of construction and demolition waste is 44,000 tons.
The table below displays the total landfill tonnage distribution over the past several years as
reference.
SOLID WASTE MANAGEMENT DIVISION
LANDFILL TONNAGE DISTRIBUTION
Landfill FY07 FY08 FY09 FY10 FY11
East Oak (WM) 71,579.26 86,731.50 71,448.77 62,774.79 57,470.35
Southeast (Allied) 44,864.90 54,652.69 58,308.72 55,317.65 61,601.04
Waste Connections 157,199.30 161,223.15 145,397.51 164,078.01 157,914.31
Total 273,643.46 302,607.34 275,155.00 282,170.45 276,985.70
The purchase of any items 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.
If requirements for any awarded items do not materialize for the quantity estimated in the
applicable Bid Form, such failure shall not constitute grounds for equitable adjustment or
additional compensation. Purchases made in future fiscal years or other contract periods are
subject to future appropriations and availability of funds.
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The Contracting Entity agrees to place orders with the primary Contractor as outlined under the
intent of this pricing agreement/contract and all its requirements for items shown in the Bid
Form, as awarded, except when:
Contractor is unable to meet the requirements for quantities and/or delivery of materials
and/or services within the contract period.
Conditions of emergency or public exigency as approved by Purchasing Agent
Materials and/or services are obtainable through State contracts, as approved by the
Purchasing Agent.
Federal funds are involved and other action is warranted for federal regulatory
compliance purposes.
Quantities of materials and/or services are awarded under specific and separate pricing
agreements/contracts.
Quantities of materials and/or services which otherwise are determined to be outside the
general scope and intent of this pricing agreement/contract.
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XLI. BID AWARD
The Contracting Entity reserves the right to award this pricing agreement/contract to a single
Contractor or to multiple Contractors, whichever is deemed to be in the City's best interest. In
the event of a multiple award, the contractor(s) will be identified as Primary, Secondary¸ etc.
The Contracting Entity reserves the right to award this contract by line item, by group of items,
or all items of the bid; to reject any or all bids in whole or in part; to waive certain formalities.
The Contracting Entity shall award the pricing agreement/contract to the lowest and best
bidder(s) based upon the award methodology.
A. No Response(s)
The Contractor may bid on some or all items. If the Contractor chooses to not bid on one of the
items a “No Bid” or "NB" must be indicated in the space provided. If the Contractor does not
provide a response, it will be considered a “No Bid” item.
B. Bid Tabulation
Copies of the bid tabulation will automatically be e-mailed to all participating bidders after the
completion of the bid evaluation and upon recommendation for contract award. A bidder may
download a copy of the bid tabulation from The City of Oklahoma City’s website, www.okc.gov,
under Meetings. Please provide your e-mail address on the Bid Price Sheet (below) to ensure you
receive the e-mail bid tab. You may also request a bid tab be mailed to you by including a
stamped, self-addressed envelope with the bid. The bid number must be written on the outside of
the return envelope.
C. Bid Price Sheet
Disposal of Municipal Solid Waste, Construction and Demolition Waste, Water &
Wastewater Sludge Waste, Appliances That May Contain Refrigerants, and Tires
NAME OF BIDDER
ADDRESS
ADDRESS
PHONE
EMAIL (OPTIONAL)
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Construction and Demolition Waste, Water & Wastewater Sludge Waste,
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Section I. Disposal of Municipal Solid Waste, Construction and Demolition Waste,
and Water & Wastewater Sludge Waste
Disposal Site: Indicate the name and address of the landfill or transfer station.
Disposal Site Name:
Disposal Site Address:
A. Municipal Solid Waste, Construction &
Demolition Waste, per ton
Municipal Solid Construction and
Tons per Month Waste Demolition Waste
0-999 $ $
1000-2999 $ $
3000-4999 $ $
5000-9999 $ $
10000-19999 $ $
20000-49999 $ $
50000 and above $ $
B. Sludge Waste, Unit Price per ton: $
C. "Free Landfill" Day, Cost to the OCEAT
Price per car $
Price per truck or trailer only. $
Price per truck with trailer $
Section II. Disposal of Appliances That May Contain Refrigerants
OCEAT will provide a 30-cubic yard roll-off container at the Solid Waste Facility located at
11501 N. Portland Avenue. The contractor shall remove the appliances when the roll-off
container is full.
Unit Price per 30-cubic yard roll-off
A. Disposal of Appliances
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Section III. Disposal of Tires
OCEAT will provide a 30-cubic yard roll-off container at the Solid Waste Facility located at
11501 N. Portland Avenue. The contractor shall remove the tires when the roll-off container is
full.
Unit Price per 30-cubic yard roll-off
A. Disposal of Tires
On occasion, the contractor may be required to remove tires at alternate locations as designated
by the Solid Waste Manager. The contractor shall load and properly dispose of the tires, as
required by the specifications. Note: The minimum quantity for removal at alternate locations
will be 200 tires.
B. Disposal of Passenger Tires, up to 18” Unit Price per Each
1. Without Rim
2. With Rim
C. Disposal of Commercial Truck Tires Unit Price per Each
1. Without Rim
2. With Rim
D. Disposal of Off-Road Tires Unit Price per Each
1. Without Rim
2. With Rim
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XLII. Bidder’s Reference Sheet
Bidder shall provide three references of cities or other governmental agencies utilizing the same
or comparable equipment for at least five years. The OCEAT reserves the right to contact the
references listed below and ask questions relating to the equipment and your firm’s performance.
Bidders shall ensure that the reference information provided is accurate. The contact person
listed shall have been actively involved in the project and able to discuss project details, cost
information, and the overall reflection of the equipment and your firm’s performance.
1st Reference
Company’s Name
Address
City/Zip Code
Contact Person
Telephone Number
Including Area Code
2nd Reference
Company’s Name
Address
City/Zip Code
Contact Person
Telephone Number
Including Area Code
3rd Reference
Company’s Name
Address
City/Zip Code
Contact Person
Telephone Number
Including Area Code
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PERFORMANCE BOND
___________________________, as the successful bidder on the OCEAT – disposal of municipal
solid waste Request for Bids dated _______________, 20___, and as "Principal" herein, and
, a corporation organized and existing under the laws of the State of , as "Surety", are jointly
and severally bound unto the OCEAT and its sole beneficiary, The City of Oklahoma City, in the
amount of $250,000 in accordance with the terms and provisions hereof.
WITNESSETH:
WHEREAS, the Principal has been determined to be a successful bidder on the disposal of
municipal solid waste Request for Bids issued by the Oklahoma City Environmental Assistance Trust
(OCEAT) on or about the _______ day of ________________, 20____; and
WHEREAS, the Principal will be awarded a contract upon the provision of a properly
executed Contract and Performance Bond as provided by the aforementioned Request for Bids; and
WHEREAS, this Performance Bond is executed for the benefit of the Oklahoma City
Environmental Assistance Trust and The City of Oklahoma City and is binding upon the Principal and
Surety, their successors and assigns.
NOW, THEREFORE, the terms and provisions of this Performance Bond shall be as
follows:
This Performance Bond shall be enforceable in an amount of up to $250,000 against the
Principal and Surety, their successors, and assigns, by the Oklahoma City Environmental Assistance
Trust, its successors and assigns, and The City of Oklahoma City for any and all costs, expenses, fees,
change, damages, injuries, and losses incurred by the Oklahoma City Environmental Assistance Trust
or The City of Oklahoma City for the failure of the Principal to perform under the Contract, executed
pursuant to the aforementioned Request for Bids and incorporated herein by specific reference as
though fully set forth, as solely determined by OCEAT, performed by Principal as provided for in the
Contract.
It is expressly agreed and understood by the parties hereto that no changes, amendments, or
alterations in said Contract or the plan or mode of performance shall have the effect of releasing or
limiting the obligations of the Principal or the Surety, or their successors and assigns, under this Bond.
In addition, it is expressly agreed by the parties hereto that the rights provided by this Bond shall not
limit any other right of the Oklahoma City Environmental Assistance Trust or The City of Oklahoma
City under the Contract or by law to recovery for any costs, fees, loss, expense or damages caused by
the Principal.
The failure of Principal to meet regulatory requirements enacted subsequent to the date of this
Bond, shall not give rise to liability of Surety under this Bond.
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Except as otherwise provided herein, this Bond shall not be cancelable, except that Surety may
cancel upon one hundred and twenty (120) days written notice delivered to OCEAT and the Principal.
In the event of such cancellation, be deemed an event of default under the Contract; provided,
however, said default shall not be chargeable against the Surety of the canceled bond.
IN WITNESS WHEREOF, the Principal and the Surety have caused this Bond to be
executed by its duly authorized officer and agents, respectively.
The Principal herein has caused this Bond to be executed this day of
20___.
ATTEST: ______________________________
________________________________ ______________________________
Secretary Principal
ATTEST: ______________________________
________________________________ ______________________________
Secretary Surety
ATTEST: OKLAHOMA CITY
ENVIRONMENTAL ASSISTANCE
TRUST
________________________________ ______________________________
Secretary Chairman
REVIEWED for form and legality this day of , 20 .
______________________________
Assistant Municipal Counselor
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CITY OF OKLAHOMA CITY UTILITIES DEPARTMENT
SOLID WASTE MANAGEMENT DIVISION
RULES AND REGULATIONS FOR FREE LANDFILL DAY
Single axle trucks one (1) ton or smaller (standard pickup) will be allowed. Panel/Box trucks
(U-Haul, Ryder, etc.) will not be accepted. Dump trucks will not be accepted if over 1 ton.
Pickups with sideboards will also be accepted. If a customer comes in with a pickup and trailer,
he or she will be allowed to dump both vehicles in an attempt to minimize illegal dumping.
*Maximum length of trailer allowed is 16-feet and maximum 4-foot sideboards.
Only one load or trip per customer allowed. If customer has more loads they may return and pay
the regular landfill price. No exceptions. A customer with a full size pickup and a 16 foot trailer
gets one trip (equal to 3 full size pickups) and a customer with a small pickup gets the same one
trip.
No commercial loads accepted. Example: Any amount of yard trash, roofing shingles,
appliances, car parts, building material or vehicles with company names unless
identification shows address as residential. No appliances with CFC’S (Freon) will be
accepted.
Customers with hazardous materials, liquids, acids, tires and rims, etc. will be turned away
unless permitted by scale operators and served as regular cash customers (not as Free Landfill
Day Customers).
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Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
EXHIBIT A
AGREEMENT REGARDING THE
COMMERCIAL SOLID WASTE DISPOSAL FEE
This Agreement made and entered into between The City of Oklahoma City (hereinafter
called the “City”) and the Oklahoma City Environmental Assistance Trust (hereinafter called
“OCEAT”); and the __________________________________________________ (hereinafter
referred to as the “Contractor”) for collection of the Commercial Solid Waste Disposal Fee
(hereinafter called the “flow fee”).
WITNESSETH:
WHEREAS, 27A Oklahoma Statutes Section 2-10-901.A. provides that “All
incorporated cities and towns may directly or through a public trust of which it is a beneficiary
develop a plan, subject to the approval of the Department of Environmental Quality, to provide a
solid waste management system and shall adequately provide for the collection and disposal of
solid waste generated or existing within the incorporated limits of such city or town or in the area
to be served thereby at one or more disposal sites.”; and
WHEREAS, Title 252:515-33-3 provides that “Solid waste collection and transportation
services shall be provided by all incorporated cities and towns. Such services shall be provided
for all generators of solid waste located within the corporate city or town limits”; and
WHEREAS, Title 252:515-33-4 provides that “all persons transporting solid waste to a
disposal facility shall provide an adequate enclosure to prevent waste from spilling, falling,
leaking, or blowing en route to the disposal site. The person hauling solid waste to a disposal
site shall collect any waste that spills, falls, leaks, or blows from the waste-hauling vehicle”; and
WHEREAS, The City and OCEAT have developed and implemented plans to provide
for solid waste management to adequately provide for the collection and disposal of solid waste
within the City as promulgated in the City Code and properly published with duly approved
ordinances; and
WHEREAS, Oklahoma City Municipal Code, Chapter 49 Solid Wastes, provides
requirements for municipal collection services, trash hauling, landfills and the City’s solid waste
management system in accord with State law and regulations; and
WHEREAS, Chapter 49, Article V, Division 1, Section 49-262 establishes requirements
for the disposal of collectible solid waste collected within the City and that such wastes shall
only be delivered to landfills permitted by the State Department of Environmental Quality and
The City or to any landfill located outside the corporate limits of The City which has entered into
an agreement with The City or the OCEAT to collect a commercial solid waste disposal fee with
respect to commercial solid waste generated within the corporate limits of The City and which is
operated under a permit for a sanitary landfill or operated as a landfill for dirt, rock and
construction or reconstruction debris; and
WHEREAS, Chapter 49-263 provides that refuse collection fees for the collection,
removal, storage, transportation or disposal of collectible solid waste, garbage or trash as
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Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
authorized by Section 49-29 shall at all times be sufficient to enable the Trustees of the OCEAT,
or The City to pay all direct and indirect costs of collection, removal, storage, transportation or
disposal of collectible solid waste, garbage or trash and any other costs or fees as determined by
the Trustees of the OCEAT as may be approved by The City and OCEAT; and
WHEREAS, Chapter 49, Article V., Division 2, Section 49-281 establishes a
commercial solid waste management system pursuant to the authority granted by the State of
Oklahoma Statutes 2-10-901, which The City of Oklahoma City has named the “flow fee”; and
WHEREAS, Contractor, operates a hauling and/or a landfill company; and
WHEREAS, Contractor as a hauler, collects wastes within The City and/or, as a landfill,
receives wastes for disposal that were generated within The City; and,
WHEREAS, The City had authorized OCEAT to manage the collection and disposal of
solid waste generated in Oklahoma City; and,
WHEREAS, The City and OCEAT desire to ensure that the disposal of commercial solid
waste generated in Oklahoma City complies with all City ordinances; and,
WHEREAS, the same ordinance provides for OCEAT to enter into agreements with
waste disposal sites located outside the boundaries of The City which collects and/or disposes of
commercial solid waste generated in Oklahoma City; and,
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
conditions herein contained, The City, OCEAT and Contractor do hereby agree as follows:
ARTICLE I
Contractor agrees to abide by Ordinances of The City of Oklahoma City and act as an
agent for The City and OCEAT in collection of flow fees for commercial wastes generated in the
City and brought to the Contractor’s facility or other approved landfills for disposal as provided
for in City Ordinances and regulations, and agrees to abide by all provisions of the Oklahoma
City Municipal Code found in Chapters 49 and 60 as amended from time to time.
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Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
ARTICLE II
The City and OCEAT agree to allow Contractor to receive commercial solid waste
collected from within the City limits for final disposal at approved landfills. Further, Contractor
shall remit all flow fees due and owing The City as provided for within this Agreement and the
Oklahoma City Municipal Code, Chapter 49, as amended from time to time.
ARTICLE III
Contractor agrees that that it operates a commercial solid waste disposal site and that its
facility is located within the boundaries of The City Of Oklahoma City and that it receives
commercial solid waste generated in The City Of Oklahoma City.
ARTICLE IV
Contractor, as part of the Agreement with The City and OCEAT will record a response
from each driver bringing waste to its facilities with the question: “What is the origin of the load
of solid waste you wish to depose of?” or “ Is this solid waste from Oklahoma City or not?” and
Contractor shall obtain the mark of the driver on a yes or no block in response to the question.
Then Contractor will have the driver sign his/her name to the following statement, which shall
either be stamped or printed on the weight ticket: “I understand that falsification of a daily
commercial solid waste manifest is a criminal offense. Further, understanding this, I hereby
affirm that the information contained in the foregoing question is full, true and correct to the best
of my knowledge”, and Contractor, as of part of the Agreement with OCEAT will have to pay
the “flow fee” as specified by the ordinance; and
ARTICLE V
(A) Contractor agrees to install accurate scales at its disposal site within 30 days
of the date of this Agreement. The scales will be capable of weighing all solid waste received at
its site. Contractor agrees to maintain the scales. Failure to provide and maintain an operable
and accurate scale shall be cause for revocation of this agreement.
(B) Contractor agrees to weigh all “commercial solid waste generated in The City
Of Oklahoma City” and received at its disposal site from all collectors and all haulers of
“Oklahoma City commercial solid waste generated in The City Of Oklahoma City”.
(C) Contractor agrees to record, accurately and legibly, the receipt data on all
“commercial solid waste generated in The City Of Oklahoma City” on its daily disposal site
manifest, as specified in detail in Article VI.
(D) Contractor agrees to the inspection and/or audit of its daily manifest and
records by the field operations leader/inspectors of the Solid Waste Management Division to
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Appliances That May Contain Refrigerants, and Tires
verify the total weight each collector or hauler has deposited at its disposal site as well as the
total weight of “commercial solid waste generated in The City of Oklahoma City” finally
deposited at its disposal site.
(E) Contractor agrees to retain, in chronological order, all daily manifests for at
least three (3) years from the date of the manifests in such a manner that they may be easily
reviewed.
ARTICLE VI
(A) Contractor agrees to timely pay The City Of Oklahoma City for the
commercial solid waste “flow fee” as specified in Chapters 49 and 60 of the Oklahoma City
Ordinances, as may be amended from time to time, which is currently $4.24 per ton of
“commercial solid waste generated in The City Of Oklahoma City.
(B) Contractor agrees the monthly “flow fee” shall be based upon the formula:
Flow Fee = Y x Z.
Where: Y = $4.24 (as changed from time to time).
Z = Number of tons of commercial solid waste generated in The City Of Oklahoma
City and received that month.
Provided, however, that if the commercial disposal site scale is temporarily inoperative,
“Z” shall be determined by the number of cubic yards of commercial solid waste received and
that number converted to tons by a formula: One cubic yard =0.29 ton.
ARTICLE VII
Contractor agrees to maintain daily manifests on a form approved by the Solid
Waste Management Division; a full, true, current and legible record of the receipt of all
commercial solid waste generated in The City Of Oklahoma City” and shall contain:
(A) The date of the information in the manifest and the name and location of the
disposal site as listed on the site’s permit or license.
(B) A chronological list of all “commercial solid waste generated in The City of
Oklahoma City” and received on the date of the report showing the names of the commercial
solid waste disposer and license numbers of the vehicles from which the waste was received, the
amount of waste from each vehicle and whether the amount received was weighed or the amount
was determined by the number of cubic yards received, and the origin of the waste received.
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Appliances That May Contain Refrigerants, and Tires
(C) At the end of each completed manifest, each operator and supervisor shall
subscribe to the following statement: “I understand that falsification of a daily commercial solid
waste manifest is a criminal offense. Further, understanding this, I hereby affirm that the
information contained in the foregoing manifest is full, true and correct to the best of my
knowledge”.
ARTICLE VIII
Contractor agrees that it is unlawful and an offense for any person to willfully and
knowingly prepare or execute a false solid waste manifest; or to induce or coerce any other
person to prepare or execute a false solid waste manifest.
ARTICLE IX
It is expressly agreed by and between the parties hereto that the provisions embodied
in the Agreement contain all covenants, agreements, obligations, rights, duties and stipulations
agreed upon by the parties hereto upon execution hereof. No statements of representations, oral
or written, not incorporated herein shall be considered to be a part of this Agreement.
ARTICLE X
Contractor agrees to abide by the laws, rules, and regulations of OCEAT, the City of
Oklahoma City, the State of Oklahoma and the United States of America.
ARTICLE XI
The City and OCEAT agree to allow Contractor to receive commercial solid waste
collected from with The City limits at its facilities. The facilities listed on Exhibit “B” are those
currently under contract with OCEAT for commercial solid waste disposal.
______________________________
Contractor
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Construction and Demolition Waste, Water & Wastewater Sludge Waste,
Appliances That May Contain Refrigerants, and Tires
OKLAHOMA CITY
ENVIRONMENTAL ASSISTANCE TRUST
(SEAL)
ATTEST:
___________________________ ______________________________________
Secretary Chairman, OCEAT
(SEAL)
ATTEST: THE CITY OF OKLAHOMA CITY
___________________________ ______________________________________
City Clerk Mayor
REVIEWED for form and legality this ______ day of __________________, 2005.
_______________________________
Assistant Municipal Counselor
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Appliances That May Contain Refrigerants, and Tires
Exhibit B
LANDFILLS CURRENTLY UNDER CONTRACT WITH OCEAT FOR COMMERCIAL
SOLID WASTE DISPOSAL
EAST OAK LANDFILL
3201 MOSLEY RD
OKLAHOMA CITY, OK. 73141
NEWCASTLE LANDFILL
1714 N. PORTLAND
NEWCASTLE, OK. 73065
SOUTHEAST LANDFILL
7001 S. BRYANT
OKLAHOMA CITY, OK. 73135
WASTE CONNECTIONS INC
7600 SW. 15
OKLAHOMA CITY, OK. 73128
NORTHEAST LANDFILL INC
2601 N. MIDWEST BLV
SPENCER, OK. 73084
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