BID25720 Special Provisions.pdf

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 obtain pricing agreements for Development Services department’s Code Enforcement Division for cutting and mowing of rank weeds and trash, litter, and debris removal.

It is anticipated the pricing agreement(s) will be effective on July 5, 2025. The current agreements expire on July 4, 2025.

GENERAL: The services to be provided under these specifications shall be accomplished in a prompt and timely manner as outlined in the specifications below. All ordinances, rules and regulations of The Contracting Entity shall be strictly followed.

The Bidder shall, always, observe and comply with all Federal and State laws and all City ordinances, rules and regulations which in any manner affect the conduct of the work to be performed pursuant to these specifications and in accordance with the terms of the agreement.

SUBCONTRACTORS: The Bidder shall not employ any subcontractor on the work, or any portion of the work without the consent of the Director or designee in writing. Bidders are responsible for the work performed under a pricing agreement even if consent to employ subcontractors is approved.

RESPONSIBILITIES OF BIDDER: Except as otherwise specifically stated in the pricing agreement documents and specifications, the Bidder shall provide and pay for all materials, labor, tools, equipment, water, light, heat, power, transportation, superintendence of temporary construction of every nature, charges, levies, fees, taxes legally collectable because of the work, or other expenses incurred and all other services and facilities of every nature whatsoever necessary for his/her performance of the pricing agreement within the specified time.

FIELD COMMUNICATION: The Bidder shall own and utilize a cellular phone in execution of work and related activities contained in these pricing agreement documents and shall maintain communications throughout performance of the work.

INCREASED OR DECREASED QUANTITIES OF WORK: The Contracting Entity reserves the right to alter the quantity of work, and the Bidder agrees to accept increased or decreased quantities of work at the agreed upon unit price. It is expressly understood and agreed by the Bidder that Work Orders shall be issued only as work and funds are available to the Contracting Entity.

No specific frequency or number of Work Orders is guaranteed by the Contracting Entity.

PROTECTION: Adequate protection of persons and property shall be always provided. The work shall be executed in such a manner as to avoid hazards to persons and property, interference with the use of adjacent buildings and interruption of free passage to and from such buildings.

CONDITIONS AND TERMS:

1. All Work Orders will be electronically mailed to the Bidder by 3:00 p.m. each day, Monday through Friday. The Bidder is deemed to have received the Work Order on the date the Work Order is electronically mailed. Each Work Order will include a completion date.

Mowing Work Orders will have a completion date of no less than five working days after the date the Work Order is sent to the Bidder. In counting the five working day period, the day the Work Order is sent shall not be counted. Hauling Work Orders shall have a completion date of no less than ten working days after the date the Work Order is sent to the Bidder. In counting the ten working day period, the day the Work Order is sent shall not be counted.

2. Work Orders will include a photo showing the front of the property, the structure or the address painted on the curb to aid in easy recognition. The material in the photo should be easily identifiable and in compliance with the requirements in the Basis of Payment section.

3. If the Bidder Instructions shown on the Work Order is questioned by the Bidder, Bidder shall contact the Director or designee to reconcile any difference prior to commencing work on the Work Order in question.

4. The Bidder may cut, mow during any hours, if the said work does not disturb or interfere with the peace and tranquility of the neighborhood. In the event such disturbance or interference does occur, the Bidder agrees to discontinue and complete such work as ordered by the Director or designee.

5. The Bidder may trash, litter, rubble, and debris during normal business hours, if the said work does not disturb or interfere with the peace and tranquility of the neighborhood. In the event such disturbance or interference does occur, the Bidder agrees to discontinue and complete such work as ordered by the Director or designee

6. Working Days as used herein shall mean Monday through Friday, 8 a.m. thorough 5 p.m.

(CDT), exclusive of legal holidays, Saturdays and Sundays, and days on which inclement weather and ground conditions prevent work. However, all weather delays must be approved and documented by the Director or designee.

7. Completed Work Orders and the invoice for payment must be returned to the Department via electronic mail by 1:00 p.m. on the day following the completion date printed on the Work Order. If the completion date is on a Friday or Saturday, the Work Orders must be returned to the Department by 1:00 p.m. on Monday. Completed Work Orders repeatedly not turned into the Code Enforcement Division within the required time may result in cancelation of the pricing agreement. Fill out all requested information completely and accurately on the Bidder Work Order form prior to returning the form to the Code Enforcement Division.

8. The invoice for payment must be submitted with the Work Orders as specified in item 2.

Payment will not be made for any work submitted by the Bidder unless the necessary photographs and a verified invoice are attached. Copies of claim vouchers may be obtained by making a record request through the City Clerk’s Office. Development Services will not reproduce claim vouchers. All claim vouchers will be held until the inspector has verified the property has been cut and/or cleaned as required in the specifications.

9. The Director or designee reserves the right to recall a Work Order at his/or her discretion.

BASIS OF PAYMENT: Satisfactory performance of mowing, junk and/or debris service by the Bidder shall include for each property:

1. Removing and disposing of up to one one-half ton pickup truck load of trash, litter and/or rubble and debris before mowing (photo required). Disposal must be made at an approved disposal site.

2. Cutting and/or mowing of grass and weeds to a height of no more than three inches including, if necessary, hand mowing and/or trimming of all areas not accessible to the primary mowing machine (e.g., fence rows, corners, structures, trees, shrubs, etc.); and the removal of all cuttings from streets, sidewalks, driveways, and adjacent properties.

3. Dispose all trash, litter, rubble, and debris at an approved disposal site.

4. Bidder shall not be required to remove dead tree trunks which cannot reasonably be removed by hand; unless instructed by the inspector to cut up and remove.

5. The Bidder shall be entitled to the "Mowing, Junk and/or Debris Charges" set forth in the

Bidder’s response.

6. Upon the order of the Director or designee, the Bidder shall remove and dispose of trash, litter and/or rubble and debris upon any property. Disposal must be made at an approved disposal site and must be verified by trip sheets which must be attached to the Work Order and invoice for payment. Hazardous material shall be disposed of and verified in the same manner. The Contracting Entity will require a receipt for the disposal of refrigerant.

7. Bidder must validate in writing and with a photograph how many yards are included in every trailer loaded to remove and dispose of trash, litter and/or rubble and debris upon any property. Trailer must be clearly identifiable by reflective label or registration number to indicate trailer size and capacity. List any and all the trailers that will be used during the term of this contract under the solicitation questionnaire. If a new trailer is obtained during the term of this contract, and will be used for this contract, the Bidder will supply the Contracting Entity with an identifiable number to indicate trailer size and capacity. Staff recommends using a reflective label that is clear, weather resistant, easily recognizable.

8. Upon the order of the Director or designee, the Bidder shall remove all tires upon any property and disposal must be made at the approved disposal site determined by the Director or designee.

STREET CLEAN UP: In the Bidder’s operation of hauling salvage or waste material, either inside or outside of the project area, he shall avoid the loss or dropping of material from trucks or hauling vehicles. In the event spilling or dropping of loose material from the hauling vehicle does occur due to his/her operation, it is the responsibility of the Bidder to pick up, maintain and otherwise clean all waste material from the adjacent properties, streets and sidewalks or right-of-way on the haul route.

PROJECT PHOTOGRAPHS: Bidders shall take acceptable color photographs with their own equipment of the violation(s) to be abated before and after cutting or cleaning a property. A photograph should match the Work Order photograph. The photographs shall be electronically stamped and must include all the applicable materials, including debris, litter and the trailer or other vehicle that is used to remove said materials. Trailer must be identifiable by reflective label or registration number to indicate trailer size and capacity. The photographs must be attached to the Work Order and submitted with the invoice. All photographs will become the property of the Contracting Entity.

TIRE AND REFRIGERANT REMOVAL: Removal of tires/refrigerant shall be documented by the required before and after photographs as explained in the Project Photograph section above, as well as photographs of the tires/refrigerant stacked at the curb prior to loading in their trailer.

The photograph of the tires/refrigerant stacked at the curb must be of sufficient quality to allow the tires/refrigerant to be counted before being removed. A Code Inspector II signature is required on the Work Order prior to removing tires/refrigerant from the property. Bidder must state or verify, in writing, how many yards are included in every trailer. Trailer must be identifiable by reflective label or registration number to indicate trailer size and capacity.

NO GUARANTEE: The Contracting Entity does not guarantee any cutting or hauling orders under this contract; however, for the period January 2024 through December 2024, the following work was completed: Cutting Orders – 2,299 and Hauling Orders – 649.

Any lot, tract or parcel of land, right-of-way, any firebreak, any irregular parcel of land, or any lot, tract or parcel of land that is incapable of being mowed with power mower and /or tractor because of terrain or accumulation of rocks, trash or debris may require a separate bid to be requested by the Director or designee from the bidder when circumstances warrant such.

Any mowing Work Order which exceeds five acres may be sent out for bid request from other Bidders. Any hauling Work Order which exceeds 60 cubic yards must be approved by the Director or designee or designated representative prior to commencing any work and shall require a verification of estimate. Any hauling Work Order, which exceeds 60 cubic yards may be sent out for bid request from other bidders.

SOLICITATION QUESTIONS: Bidder must complete the solicitation questions to be considered for an award, including refrigerant and tire removal. Any “no” response must be explained. If the item does not meet or exceeds the specification, mark no and explain your response.

TECHNICAL QUESTIONS: Technical questions are to be addressed through the electronic bidding system and the Buyer will respond electronically and issue addenda, if necessary.

PRICING: Pricing must be submitted through the electronic bidding system.

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1. INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

2. All Other Liability - In the amount not less than one hundred seventy-five thousand dollars ($175,000) for claims including 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 http://www.ok.gov/wcc law as to the ownership, maintenance, and use of all owned, non-owned, leased or hired vehicles and equipment when said vehicles or equipment is utilized to meet the requirements of this Pricing Agreement.

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

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

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

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

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

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

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

2. ACORD FORM

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

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

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 BID25720.

3. BONDS

A. Any issue a Bidder may have with bond requirements should be raised during the

Question-and-Answer period before bid submission so that the Contracting Entity can determine whether a change, by Addenda, will be made to the bond requirements for all potential bidders.

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

C. For Pricing Agreements with installation service, if required, Bidder agrees to provide Performance Bond, Statutory Bond, Maintenance Bond in the amount set forth here in the Special Provisions.

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

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

4. PERFORMANCE BOND:

Prior to contract approval, the Bidder(s) shall execute and deliver the required documents, bonds, and proof of insurance. Each successful bidder shall post a performance bond with a surety company as surety, to be approved by the Oklahoma City Municipal Facilities Authority (OCMFA), in the amount of $5,000 to ensure performance in accordance with specifications. The performance bond shall be for a one-year period and renewed each year at the time of contract renewal.

Bidder must provide a performance bond within 14 days of request by Procurement Services.

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