RFB25720A Special Provisions.pdf

RFB.S.P.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 obtain pricing agreements for Development Services Code Enforcement Division for cutting and mowing of grass and weeds in rank profusion; and for the removal of junk, trash, litter, and debris.

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 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 Contracting Entity’s Director or designee in writing.

The awarded bidders remain 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 hauling, 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 to include disposal of items at an approved land facility, obtaining roll offs or large disposal equipment 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. The Bidder shall ensure continuous and reliable communication capabilities for the duration of the work performed under this agreement.

INCREASED OR DECREASED QUANTITIES OF WORK: The Contracting Entity reserves the right to modify the quantity of work to be performed under this Agreement. The Bidder hereby agrees to accept any such increase or decrease in quantities at the unit price established in the Agreement. It is expressly understood and agreed by the Bidder that Work Orders shall be issued solely at the discretion of the Contracting Entity, and only as work requirements and funding permits. The Contracting Entity makes no representation, guarantee or warranty regarding the number or frequency of Work Orders to be issued under this Agreement.

FREQUENCY OF WORK ORDERS: 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: City staff may be present at the worksite, if deemed necessary, including in situations involving an active threat of violence during the performance of duties. Their presence

RFB.S.P.VI.2025 Page | 2 does not relieve the Bidder of responsibility for site safety and situational awareness. In the event City staff are on site during a disturbance or potential threat, they will contact the appropriate law enforcement agency as necessary.

All work shall be conducted in a manner that minimizes risk to individuals and property, avoids interference with the operation of adjacent buildings, and ensures free and unobstructed access to and from such buildings.

CONDITIONS AND TERMS:

1. Work Orders for Mowing: All Work Orders will be electronically emailed 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 emailed. Each Work Order will include a completion date. Mowing Work Orders will have a completion date of no less than five (5) 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.

2. Work Orders for Hauling: Hauling Work Orders shall have a completion date of no less than ten (10) working days after the date the Work Order is sent to the Bidder. In counting the ten (10) working day period, the day the Work Order is sent shall not be counted.

3. Photo: Work Orders will include a photo(s) showing the front of the property, the structure and/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.

4. Discrepancies: If the Bidder Instructions shown on the Work Order are questioned by the Bidder, the Bidder shall immediately contact the Director or designee to reconcile any difference(s) prior to commencing work on the Work Order in question.

5. Unoccupied/Vacant Properties/Vacant lots: The Bidder may perform cutting and mowing activities at any time, except between the hours of 11:00 p.m. and 6:00 a.m., provided that such work does not disturb or interfere with the peace and tranquility of the surrounding neighborhood. If any disturbance or interference does occur, the Bidder agrees to cease operations and resume or complete the work at a time directed by the Director or their designee.

6. Occupied Property: The Bidder may remove (conduct hauling) trash, litter, rubble, and debris only during normal business hours at occupied structures only after the assigned inspector has physically posted the property and conducted a walk through (agreed upon cubic yards) with the bidder. The contracting entity and the bidder will coordinate hauling times for occupied locations. Repeated failure to adhere to the agreed-upon hauling times, including failure to appear, cancellation without a valid non-weather-related justification, or failure to provide the City with reasonable advance notice of a necessary schedule change, may be deemed a breach of performance and may jeopardize the continuation of the agreement.

7. Working Days: Working Days as used herein shall mean Monday through Friday, 8 a.m.

through 5 p.m. (CDT), exclusive of legal holidays, Saturdays and Sundays, and inclement weather.

8. Inclement Weather Delays: On days when bad weather or ground conditions prevent mowing or related work, any resulting delay must be approved and documented by the Director or their designee. The Bidder shall be responsible for submitting a timely request for a schedule extension due to weather conditions that make the site unsafe or unusable for work. The Bidder is expected to make all reasonable efforts to perform the work as scheduled, including using smaller or alternative equipment, if necessary, unless weather

RFB.S.P.VI.2025 Page | 3 conditions genuinely prevent safe or effective work. Unsupported or excessive weather delay requests may be denied and could be considered a failure to perform.

9. Completed Work Orders: Completed Work Orders and the invoice for payment must be returned to the Department via email at codeenforcecontractors@okc.gov within five

(5) days following the completion date printed on the Work Order. . 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.

10. Invoice: The invoice for payment must be submitted with the Work Orders as specified in items one (1) and two (2) above. Payment will not be made for any work submitted by the Bidder unless the necessary photographs and a verified invoice are attached.

Copies of invoices may be obtained by making an open records request through the City Clerk’s Office. Development Services will not reproduce copies of invoices. All invoices will be held until the inspector has verified the property has been cut and/or cleaned as specified or instructed in the work order.

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

12. Show Up/Trip Fee: Development Services Code Division will not provide show up/trip fees for locations that have been abated by the owner.

13. Minimum Equipment Required for Cutting and Mowing:

• Cellular Phone

• 40-60 H.P. Tractor

• Two 30-40 H.P. Tractors with 4’ to 6’ Brush Hoggs and/or Flails

• 5.7 Cu. Yd. Truck and/or 8-16 Cu. Yd. Trailer

• Three or more 7.9 H.P. Industrial Hand Mowers

• Three or more heavy-duty industrial type Line Trimmers

• Two ¾ Ton Pickups

• 15’ or larger Batwing Mower or equivalent

Minimum Equipment for Trash, Litter and/or Debris Removal:

• Bobcat (front end loader)

• 10-yard dump truck

• 16-foot trailer or larger

• Primer Mover (truck) or equivalent

• Track Loader (dozer)

• One or More Dumpsters

Minimum Equipment for Miscellaneous:

• Bolt cutter

• Grinder

• Tool to access locked gate or chain

• Camera mailto:codeenforcecontractors@okc.gov

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Fee Schedule: Bidder agrees to mow and haul according to the following fee schedule. Bidder shall confirm understanding and compliance with the fee schedule by selecting the ‘Yes’ response in the Solicitation Question section. Any exceptions should be noted in response documentation.

FEE SCHEDULE

Description Fee A - Lot(s) with Structures or Obstructions

i. 1,000 square feet or less - Mowing, Junk and/or Debris Charges (includes removal and disposal of up to 2.5 cubic yards of trash, litter and/or rubble and debris prior to completing mowing)

$350

ii. 1,000 square feet but less than 10,000 square feet - Mowing, Junk and/or Debris Charges (includes removal and disposal of up to 2.5 cubic yards of trash, litter and/or rubble and debris prior to completing mowing)

$450

iii. 10,000 square feet but less than 1/2 acre -Mowing, Junk and/or Debris Charges (includes removal and disposal of up to 2.5 cubic yards of trash, litter and/or rubble and debris prior to completing mowing)

$550

iv. 1/2 acre but less than 1 acre - Mowing, Junk and/or Debris Charges (includes removal and disposal of up to 2.5 cubic yards of trash, litter and/or rubble and debris prior to completing mowing)

$600

v. 1 acre or more - Mowing, Junk and/or Debris Charges (includes removal and disposal of up to 2.5 cubic yards of trash, litter and/or rubble and debris prior to completing mowing)

$650

B - Vacant Lot(s) with no Structures or Obstructions

i. 1,000 square feet or less - Mowing, Junk and/or Debris Charges (includes removal and disposal of up to 2.5 cubic yards of trash, litter and/or rubble and debris prior to completing mowing)

$300

ii. 1,000 square feet but less than 10,000 square feet - Mowing, Junk and/or Debris Charges (includes removal and disposal of up to 2.5 cubic yards of trash, litter and/or rubble and debris prior to completing mowing)

$400

iii. 10,000 square feet but less than 1/2 acre - Mowing, Junk and/or Debris Charges (includes removal and disposal of up to 2.5 cubic yards of trash, litter and/or rubble and debris prior to completing mowing)

$500

iv. 1/2 acre but less than 1 acre - Mowing, Junk and/or Debris Charges (includes removal and disposal of up to 2.5 cubic yards of trash, litter and/or rubble and debris prior to completing mowing)

$550

v. 1 acre or more - Mowing, Junk and/or Debris Charges (includes removal and disposal of up to 2.5 cubic yards of trash, litter and/or rubble and debris prior to completing mowing)

$600

vi. One (1) cubic yard - Trash, Litter and/or Debris Removal $45 Detention and Setback Locations:

i. Detention Areas (example: ponds) $350

ii. Setback Locations – 1 acre or less mowing 200 feet back $350

iii. Setback Locations – 1-5 acres mowing 200 feet back $500

Refrigerant and Tires:

Refrigerant: The City will reimburse up to an amount Not to Exceed: $100 Tires: The City will reimburse up to an amount Not to Exceed: $25

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

1. Removal and Disposal: Removing and disposing of trash, litter and/or rubble and debris before mowing (photo required). All waste hauls must be discarded at an approved waste facility. Receipt for disposal must be accompanied with the haul invoice for payment. The Contracting entity will pay $45 per cubic yard. Receipt must coincide with the authorized work order/signed off by the inspector that walked the property before work commenced.

2. Cutting and Mowing: 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. Contractor shall cut grass along fences and/or wall 1” or less from said barriers. The contractor shall cut grasses and weeds to a height of approximately three inches depending on the work order and the type of terrain. Mulching shall be mandatory process for all mowing residuals not in a mulched state upon cutting.

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

4. Tree Trunks: 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. Charges: The Bidder shall be entitled to the "Mowing, Junk and/or Debris Charges" set forth in the Fee Schedule and the Bidder’s Line-Item Responses.

6. Disposal: 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. 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. Trailer Loads: Bidder and inspector must state and verify, in writing, how many yards are included prior to work commencing before loading the trailer. Trailer must be 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.

8. New Trailer: If a new trailer is obtained during the term of this contract, and will be used for this contract, Bidder will supply the Contracting Entity with an identifiable number to indicate trailer size and capacity. Staff recommend using a reflective label that is clear, weather resistant, and easily recognizable.

9. Disposal Site for Tires: Upon the order of the Director or designee, the Bidder shall remove all tires upon any property and disposal must be made at any approved disposal site. The disposal receipt shall be attached to the invoice for verification purposes.

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, at no additional cost to the City.

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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 time-stamped and dated to 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 using before and after photographs as explained in the Project Photographs 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/refrigerants from the property. Tire and refrigerant removal are open to bid. Nonetheless, no bid that’s higher than the “Not To Exceed” amount on the fee schedule will be considered.

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: Mowing Orders – 2,299 and Hauling Orders – 649.

INCAPABLE OF BEING MOWED: Any lot, tract, parcel of land, right-of-way, firebreak, irregularly shaped parcel, or area that cannot be mowed using standard power mowers and/or tractors due to challenging terrain or the presence of rocks, trash, or debris may, at the discretion of the Contracting Entity, require a separate bid. However, a separate bid will only be issued after the Contracting Entity has determined that none of the vendors awarded under this Bid are capable of performing the work as required.

MOWING EXCEEDING FIVE (5) ACRES: Specifications may be developed and formally advertised for competitive bidding for any mowing Work Order that exceeds five (5) acres.

Vendors are requested to submit a unit price per acre for mowing areas five (5) acres and above.

However, a separate bid for such work will only be issued if the Contracting Entity determines that none of the vendors awarded under this Bid are capable of performing the required work.

HAULING EXCEEDING SIXTY (60) CUBID YARDS: Any hauling Work Order that exceeds sixty (60) cubic yards must be approved in advance by the Director, designee, or designated representative, and shall require verification of the estimated volume prior to commencement of work. Specifications may be developed for any hauling Work Order exceeding sixty (60) cubic yards. When warranted, additional bids may be solicited from vendors awarded under this Bid. If none of the awarded vendors are capable of performing the required work, the Contracting Entity may formally advertise the project for competitive bidding. Vendors are requested to submit a unit price per cubic yard (CY) for trash and debris hauling for loads of sixty (60) cubic yards and above.

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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.

(Balance of Page Intentionally Left Blank)

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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.

http://www.ok.gov/wcc

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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 are 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 an 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 BID25720A.

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.

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

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: Mowing Orders – 2,299 and Hauling Orders – 649.