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 painting and other related services for interior and exterior painting and sealing services, wall covering installation, and surface rehabilitation services. This pricing agreement will supplement the services available through the General Services Department, Building Management Division.

GENERAL: The supplier shall be responsible for providing all labor, materials, tools and equipment, to perform and complete said work in strict accordance with the contract documents and written work orders. The Supplier shall also provide competent supervision required for their workers or subcontractors to perform all work associated with assigned project. The City reserves the right to prepare a scope of work statement and require a proposal with complete breakdown of material and labor cost from the contracted supplier. The contracted supplier shall provide liability insurance, as described in this document, that includes any subcontractors to whom they may sublet. Subcontractors under contract with the contracted supplier will be considered as employees of the contracted supplier. The supplier will be issued a purchase order or purchasing card reference number prior to the start of each project. All projects require each bid or proposal to be agreed upon in writing by the project manager and the Supplier, prior to the start of the project

PARKING: The Supplier and their employees shall be responsible for their own parking cost, if parking is not available at the facilities listed.

PROJECTS EXCEEDING THE OKLAHOMA COMPETITIVE BIDDING ACT OF 1974

THRESHOLD: Any project determined to cost in excess of $100,000 is considered a construction project and must be bid separately through the Public Works Department. If a department is working on painting projects at multiple locations, each location will be considered a separate project for the purposes of this paragraph.

These projects will require a work order along with the submittal of Supplier’s bonds.

PROJECTS MORE THAN $5,000 WITH NON-SCHEDULED PRICING ITEMS: All contracted suppliers will be provided the opportunity to supply a written quote for projects that have items outside the scope of the pricing schedule sheet and the estimated cost of the project is greater than $5,000.

PROJECTS MORE THAN $10,000: All contracted suppliers will be provided the opportunity to supply a quote based on the pricing schedule submitted with their bid.

PROJECTS LESS THAN $10,000: Projects under $10,000 shall be awarded to the lowest (as calculated from the pricing schedule) and first available contracted supplier.

RFB.SP.VI.2025 Page 2

DESCRIPTION OF WORK: Painting and finishing include interior and exterior surfaces (walls, ceilings, doors, jambs, window frames, roof coping, etc.). Other Services include any installation specified by the Project Manager that the contracted supplier agrees to include in their proposal or bid. Contracted suppliers may be asked to include work other than painting and drywall in a bid proposal. Additional installations associated with a specific project can be sublet by the contracted supplier and included in the bid proposal. Areas of work that are occupied shall require moving and repositioning office equipment, furniture, bulletin boards and wall fixtures. Quotes shall include the cost of such furniture removal, relocation and reinstallation as requested by the department. It will be assumed that all proposals include all costs associated with the project unless specifically stated in the quote. The total cost of any project through these pricing agreement(s) must be less than $100,000. Projects exceeding this amount will be managed by the Public Works Department.

ENVIRONMENTAL: The City may require the supplier to use “Green” products on various jobs.

For a material to be considered Green, the material must meet or exceed the criteria set forth by the U.S. Green Building Council LEED. If coatings are used that emit strong odors such as alkyd enamels or epoxy-based coatings, proper ventilation must be achieved, or the Supplier must schedule alternate work hours with the Project Manager. A list of all products, accompanied by Safety Data Sheets (SDS), must be submitted to the Project Manager three (3) days prior to commencement of work.

PROPER DISPOSAL OF WASTE: The successful supplier(s) shall properly dispose of trash, waste and debris in an approved manner. At no time shall excess paints, solvents, paint thinners or other chemicals used in conjunction with assigned work be disposed of in any sanitary sewer receptacle or storm drain. The supplier shall promptly clean up any spills, including those on grass, dirt or aggregate. Notification shall be made to the appropriate authority having jurisdiction concerning any spill or release of paint, solvent, paint thinner or other chemical.

APPROVED GREEN PRODUCTS:

All Paints That have the “Green Seal-Certified” Seal.

GS-11 Standards for Paints and Coatings

GS-47 Standard for Stain and Finishes

(NON-GREEN) ACCEPTABLE MANUFACTURERS ARE SUBJECT TO COMPLIANCE

WITH SPECIFIED REQUIREMENTS:

1. Benjamin Moore Company

2. Sherwin-Williams Company

3. HIS

4. Anchor

5. Tnemec

RFB.SP.VI.2025 Page 3

6. Devoe

7. Kelly Moore

8. Coronado

9. Rust-Oleum

Products specified herein are as manufactured by the listed companies and shall be the basis for the standard of quality. Products of other acceptable manufacturers specified, similar in material, type and quality may be acceptable for use subject to approval of specified product data submittal.

All products shall be the manufacturers’ highest quality products.

Where products other than those of the manufacturer listed as the standard of quality are specified in Price Schedule, such products have been selected to achieve specific results and substitutions will be allowed only in accordance with product options and substitutions section.

MISCELLANEOUS MATERIALS:

1. Paint thinners and tints shall be products of same manufacturer as the paints or approved by the manufacturer for use with their products.

2. Lacquers, turpentine, patching compounds, and similar materials required for execution of work shall be compatible with painting materials and surfaces applied and shall be pure and of top quality.

Deliver materials in original containers with seals unbroken and labels intact bearing manufacturer’s name, brand and type of paint, color of paint and instructions for use and instructions for thinning. Thinning shall be done only in accordance with the manufacturer’s instructions.

Every effort shall be used to help prevent fire. This includes, but is not limited to, removing soiled rags from job site nightly and storing combustible materials away from mechanical and electrical equipment.

MATERIAL APPROVAL AND COLOR SELECTION: Colors shall be specified or selected from manufacturer’s standard colors furnished by the Project Manager.

Prior to starting work, the Contract Supplier shall provide the Project Manager a list of all materials intended for use to complete a project. In listing, give maker’s name, name and grade of products, and use for which each product is intended; provide evidence that all paints are manufacturer’s best products. All other materials to be used must be approved or as specified by the Project Manager. Make no substitutions without the Project Manager’s approval.

The City of Oklahoma City, at its discretion, reserves the right to supply materials to complete certain jobs.

SUBMITTALS: Safety Data Sheets for each product used shall be maintained on site as well as one copy to the Department.

RFB.SP.VI.2025 Page 4

Submit samples for Department’s approval of color and sheen when requested. Samples shall be 12” x 12” on properly prepared paint-out cards or hardboard.

MAINTENANCE STOCK: At completion of project, deliver to Department one unopened, labeled container of each color used in the project; gallons for wall and ceiling paint, quarts for enamel and stains.

SURFACE PREPARATION: Perform preparation and cleaning procedures in strict accordance with coating manufacturer’s instructions for each substrate condition.

APPLICATION: Apply painting and finishing materials in accordance with the manufacturer’s instructions. Use applicators and techniques best suited for the material and surfaces to be applied.

Apply additional coats when undercoats or conditions show through final paint coat, until paint film is of uniform finish, color and appearance. Paint surfaces behind movable equipment and furniture same as similar exposed surfaces. Apply each material at no less than the manufacturer’s recommended spreading rate.

SEALANTS AND CAULKING

WORK INCLUDES THE FOLLOWING ITEMS:

1. Prime joints in connection with masonry.

2. Provide and install joint backing necessary for caulk work.

3. Tape and mask off finished surfaces.

Caulk the following joints:

1. Joints around the perimeter of frames in masonry, including doors, windows, louvers and others as directed.

2. Control joints at brick walls and concrete masonry unit walls.

3. Other joints if called for or indicated.

Install with depths as follows:

1. ¼” wide joints: ¼”.

2. ¼” to ½” wide joints: ¼” minimum, width of joint maximum.

3. Over ½” wide joints: ½” minimum, width of joint maximum.

JOINT CLEANERS: Joint cleaners shall be non-corrosive and as recommended by sealant manufacturers and compatible with joint forming materials. Primer shall be non-staining and as recommended by sealant manufacturer to suit applications.

JOINT BACKINGS: Do not use backing containing oil, asphalt or tar; backings must be non-staining.

BACKER ROD TYPES

Closed cell foam; polyethylene, neoprene or butyl rod; ASTM D1056 oversized 30 to 50%.

1. Ethafoam SB as manufactured by Dow Chemical.

RFB.SP.VI.2025 Page 5

2. Everlastic as manufactured by Williams Products.

3. HBR as manufactured by Hercules.

Open cell foam; vinyl chloride polymers and copolymers; ASTM D1565; oversized 30 to 50%.

1. Denver Foam as manufactured by Backer Rod Manufacturing and Supply Co., Denver, CO.

SEALANTS AND CAULKING COMPOUNDS:

1. Multi-Component Polyurethane: Fed. Spec. TT-S-00227, Type II, Class A except Type I for horizontal joints.

2. One-Component Polyurethane: Fed. Spec. TT-S-00230, Type II, Class A except Type I for horizontal joints.

3. Caulking Compound: Caulking compound shall be an acrylic latex caulk with silicone conforming to ASTM C-834 and shall be used on interior applications for caulking joints in wood or masonry, or in the short joints between masonry surfaces, wood surfaces, metal surfaces where limited movement is anticipated, and under seats of door thresholds.

Tool joints using sufficient pressure to solidly fill voids and joints; superficial joints with a skin bead will be rejected. Puncture and refill large bubbles. Remove excess sealant and masking;

leave surfaces neat, smooth and clean. Upon completion, caulking shall have a smooth, slightly concave, even surface.

PREPARATION: Unit cost should include normal cleaning, preparation and spot priming for average age (5- to 10-years old) of existing conditions. Clean and prepare joints in accordance with the sealant manufacturer’s recommendations. Remove loose materials and foreign matter that might impair adhesion of sealant. Ensure that joint backing materials are compatible with sealant.

Examine joints sizes and size materials to achieve required width/depth ratios. Use joint backing materials to achieve proper joint depth. Use bond breakers where required. Mask finished surfaces such as marble, tile, aluminum and glass

CLEAN UP: Supplier shall, at all times, keep the site free from accumulation of waste materials, debris or rubbish caused by contractor’s employees or work. At the completion of the work, the contractor shall remove from the site all their tools, surplus materials, debris and shall leave the site and the work area in a neat and orderly fashion.

Every effort shall be used to help prevent fire. This includes but is not limited to removing soiled rags from job site nightly and storing combustible materials away from mechanical and electrical equipment.

PROTECTION: Furnish adequate protection for surfaces and objects surrounding area to be painted using drop cloths, masking and covering, or removal of hardware trim, light fixture and other finished items, which will not be painted. Reinstall removed items. Supplier assumes full responsibility for any damage to any surface, and/or objects, as a direct result of painting or installation operation – dripping, etc.

Prior to commencing work, the supplier shall provide the Department with Safety Data Sheets (SDS) and review with the Department the extent of the work, schedule, and steps necessary to

RFB.SP.VI.2025 Page 6 keep inconveniences to a minimum. The Department shall be notified of any potential irritant (smell, odors, fumes, etc.) that may affect occupants in the area where work is being conducted.

The work shall be carried out in such a manner and at such times as to interfere as little as possible with the occupants and the normal conduct of business therein and advancement thereto.

Interruption of mechanical and electrical services in areas in use may be made only with the prior approval of the Department. Interruption shall be scheduled in advance with the Department.

The supplier will be held responsible for all the damage to the work due to failure of barricades, signs, lights and watchmen to protect it; and whenever evidence of such damage is found prior to acceptance, the Department may order the damaged portion removed immediately and replaced by the supplier at the supplier’s expense if, in the opinion of the Project manager, such action is justified.

The Contractor’s responsibility for protecting the work and work site does not end until the Department accepts all work.

SUPPLIER QUALIFICATIONS: Awarded suppliers shall be established suppliers whose primary business is in painting, drywall and other construction-related services. The supplier shall be an established supplier and actively engaged in the business of painting, drywall and other construction related services for a period of at least five (5) years prior to the submission of its bid proposal. Supplier is required to provide verifiable references for painting services performed in the last three (3) years. (See: “Client References” form). The supplier shall at all times, when work is in operation, be represented either in person or by a qualified superintendent or other qualified designated representative. If the supplier sublets any part of the work the Contractor will not, under any circumstances, be relieved of the Contractual responsibility and obligations. All communication to the Project Manager shall be from the Contract Supplier. Subcontractors will be considered only in the capacity of employees or workmen and shall be subject to the same requirements as to character and competency of the Contractor. Nothing in this agreement shall be construed as creating any contractual relationship between any subcontractor and the City. The divisions and sections of the specifications are not intended to control the contractor in dividing up work among subcontractors or limit the work of any trade.

All contractors need to wear a company uniform or company identification badge.

WARRANTY OF MATERIALS AND WORKMANSHIP: All materials and equipment provided under the agreement shall be listed and labeled for the purpose intended. All work provided under this agreement shall have, as a minimum, a one (1) year warranty from the date of final acceptance thereof against any latent defects, design, materials, workmanship, and installation. All work subcontracted by the Contracted Supplier shall be considered as if the work was performed by the Contracted Supplier and will have the same warranty as work provided under this agreement.

The Painting and Other Related Services Questionnaire must be completed prior to submitting a bid.

RFB.SP.VI.2025 Page 7

1. INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

http://www.ok.gov/wcc

RFB.SP.VI.2025 Page 8

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

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

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

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

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

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 for 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

RFB.SP.VI.2025 Page 9 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 BID26612 or Painting Services .

3. WARRANTY

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

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

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

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

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

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