RFB Special Provisions.pdf

RFB.SP.VI.2025 Page 1

SPECIAL PROVISIONS

(Special Instructions and Technical Specifications)

Special Provisions are deemed to be part of these Bid Specifications and shall supersede any conflicting term, requirement or condition in the Bid Specifications.

INTENT: To provide lumber, hardware, and related building materials for minor construction, replacement, and repairs to various City-owned facilities as needed.

It is anticipated the pricing agreement(s) will be effective on September 25, 2025. The current agreements expire on September 24, 2025.

PRODUCT LINES: The Contracting Entity recognizes that the product lines of the successful Bidders may change during the term of the contract. New product lines may be added, and existing product line(s) may be replaced provided they are equal to or greater quality than the product line(s) they are replacing. However, the discount bid must remain the same throughout the term of the pricing agreement.

COMMODITIES: A general list is provided. Bidders are expected to provide any and all additional building materials they carry. The list below is only a sample of some frequently used products.

• Plywood

• Hardwood Lumber

• Molding and Trim

• Sheetrock

• Doors

• Wood Door Jams

• Nails

• Plastics

BRAND NAMES: These specifications are intended to be all inclusive of the brands represented by the vendor. Vendors may add additional brands to the agreement during the term of the agreement provided the brand is carried in-stock. Follow the procedures outlined under the escalation/de-escalation clause.

The successful Bidder shall notify in writing to: “Attention: Purchasing Agent, Procurement Services Division”, requesting that a new brand or existing product line in its contract be replaced with a new product line, at the same or greater percentage of discount originally bid. The new product line and pricing will go into effect, fourteen working days after receipt of the written request from the vendor, upon approval by the Purchasing Agent.

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BRANDS/MANUFACTURERS: Bidders shall upload an attachment that lists the brands/manufacturers they represent, and the discount offered from the current manufacturer’s retail pricing (or other pricelist as clearly specified by the bidder). Bidders may also upload an attachment that explains any exemptions to these discounts or any additional discounts that may be applied.

STOCKING REQUIREMENTS: It is preferred Bidders be a stocking distributor (at an Oklahoma City branch location) of each item or product line on which they are bidding. All non-stock bids shall be so noted, and a non-stock bid will be awarded only if there are no in-stock bids received for each item and/or product line.

QUALITY: The apparent silence of this specification as to any detailed description concerning any point shall be regarded as meaning that only the best commercial practice is to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of these specifications shall be made from this statement. Proof of compliance shall be the responsibility of the Bidder.

BID SUBMITTAL: Bidders shall state a percentage discount [minus] from the Prevailing Manufacturers National Suggested Retail Price List for each item bid on the price schedule unless a specific price is being requested. Cost (+) plus bids will not be considered.

Bidders shall be prepared to produce the price list(s) or relevant portions thereof when requested by the Contracting Entity for price verification purposes. Bidders are encouraged to provide online resources for the verification of the Manufacturers Prevailing National Suggested Retail Price List.

The discount bid represents the minimum discount available. It is understood Bidders may have a tiered pricing structure from their supplier and greater discounts may be available.

SALE/PROMOTIONAL ITEMS: In the event of a conflict between the pricing agreement price and the sale or promotional price the lesser of the two shall prevail.

VOLUME DISCOUNT: Departments are encouraged to request special pricing for volume orders.

1. INSURANCE REQUIREMENTS

Bidder must carry such insurance and provide a certificate of insurance evidencing the insurance policies and coverage required here in the Special Provisions.

A. Any issue a Bidder may have with insurance requirements should be raised during the Question-and-Answer period before bid submission so that the Contracting Entity can determine whether a change, by Addenda, will be made to the insurance requirements for all potential bidders.

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

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C. The following insurance requirements are applicable and must be obtained prior to contract award if the bid submitted includes on-site installation, on-site maintenance services or other repair services to be performed on the Contracting Entity’s property, or if insurance coverage is otherwise requested by the Contracting Entity here in the Special Provisions.

i. Worker’s Compensation & Employer’s Liability Insurance: Bidder shall carry Worker's Compensation Insurance in amounts prescribed by the laws of the State of Oklahoma, if any. If Bidder is exempt from compliance with Oklahoma’s worker’s compensation requirements, Bidder shall provide a certificate (Affidavit of Exempt Status Under the Administrative Worker’s Compensation Act) from the Workers’ Compensation Commission indicating such exemption. The certificate can be completed online at www.ok.gov/wcc.

ii. General Liability Insurance: Bidder shall carry a general liability insurance policy to protect the Bidder and the Contracting Entity shall be an Additional Insured from claims for property damage and bodily injury including death, or other loss which may arise directly or indirectly from the activities, omissions, and operations of the Bidder under the Pricing Agreement, whether such activities, omissions, and operations be by the Bidder, its subcontractor, or by any one employed by or acting for the benefit of the Bidder in conjunction with this Pricing Agreement. The general liability policy shall have at a minimum, the following coverage amounts:

1. Property Damage Liability - Limits shall be carried in the amount of not less than twenty- five thousand dollars ($25,000) to any one person for any single claim for damage to or destruction of property arising out of a single act, accident, or occurrence.

2. All Other Liability - In the amount not less than one hundred seventy-five thousand dollars ($175,000) for claims including accidental death, personal injury, and all other claims to any one person out of a single act, accident, or occurrence.

3. General Aggregate Limit- In an amount not less than one million dollars ($1,000,000) for any number of claims arising out of a single act, occurrence or accident.

iii. Automobile Liability Insurance: The Bidder shall maintain automobile insurance coverage in, at a minimum, the amounts required by Oklahoma law as to the ownership, maintenance, and use of all owned, non-owned, leased or hired vehicles and equipment when said vehicles or equipment is utilized to meet the requirements of this Pricing Agreement.

http://www.ok.gov/wcc

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D. The insurance policies required herein shall be issued by a company authorized to do business in the state of Oklahoma.

E. The Contracting Entity shall be furnished with a Certificate of Insurance evidencing all the above-referenced requirements before Pricing Agreement award.

F. All policies shall be in the form of an “occurrence” insurance coverage or policy.

If any insurance is written in a “claims made” form, the Bidder shall also provide tail coverage that extends a minimum of two years from the expiration of the Pricing Agreement.

G. Unless stated otherwise above, all policies must be fully insured with any single deductible not exceeding $25,000.

H. Bidder or Bidder’s insurance company must provide Contracting Entity at least thirty (30) days’ prior written notice of any cancellation or material coverage change in their policies.

I. Unless otherwise approved by the Contracting Entity prior to Pricing Agreement award, self-insured retentions will not be accepted unless accompanied by a bond or irrevocable letter of credit guaranteeing payment of the losses, related investigations, claim administration, and defense expenses not otherwise covered by the Bidder’s self-insured retention.

2. ACORD FORM

A. The Contracting Entity to this Pricing Agreement, whether named herein or by reference only, shall be named as additional insured on the Bidder’s insurance policies, except Worker’s Compensation and Employer’s Liability Insurance, to the full limits of the policies and consistent with the same coverages available to the named insured.

i. Any blanket additional insured endorsement which limits coverages to any Contracting Entity is not compliant with this Pricing Agreement and will be considered a breach. Contracting Entity must be provided with a Certificate of Insurance or Endorsement evidencing Contracting Entity’s additional insured status prior to contract award.

B. The policy description shall state the following:

i. “Additional insured(s) on the listed policies are those required in the contract.” [The City of Oklahoma City and its participating public trusts]

ii. The solicitation number BID26610 or BUILDING MATERIALS.

3. WARRANTY

A. The Bidder warrants that at the time of delivery, all Bid Items furnished under this

Pricing Agreement will be free from defects in material and/or workmanship and each Bid Item will conform to the Bid Specifications and all other requirements of this Pricing Agreement.

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B. Bidders must furnish with their bid one copy of their warranty applicable to the Bid Items to be furnished.

C. Bidder agrees that it alone is responsible for ensuring that Bid Items furnished to the Contracting Entity at the time of delivery and inspection meet all manufacturer warranties even if Bidder is not the manufacturer. If the Bidder is not the manufacturer and the Contracting Entity determines that the Bid Items furnished by Bidder do not meet the manufacturer’s warranty, Bidder alone is responsible for working with the manufacturer to promptly obtain Bid Item replacements for the Contracting Entity that meet all applicable warranties or in the alternative, refund Contracting Entity’s payment for said Bid Items. The election of remedies shall be at the sole discretion of the Contracting Entity.

D. This warranty shall be in addition to any other rights of the Contracting Entity established or implied by contract and/or in equity or at law.

E. All warranties shall start on the date of acceptance of the Bid Items and will be for the full term of said warranty.

VOLUME DISCOUNT: Departments are encouraged to request special pricing for volume orders.