SPECIFICATIONS AND CONTRACT DOCUMENTS

RETAINING WALL IMPROVEMENTS

FOR THE

TOWN OF LUTHER, OKLAHOMA

CVE26-031

JULY 2026

8455 N. INDIAN MERIDIAN RD.

COYLE, OK 73027

CA 9319 OKLAHOMA RENEWAL 6/30/2028

Michael G.

Andersen

O K L A H O M A

35121

L

IC

EN

SE

D PROFESS IONAL ENG

INEER

§ ☆ }7/13/2026

Bookmark Summary

0 Tech Pro Cover Division 00 10 00 Notice Division 00 20 00 Instructions to Bidders Division 00 41 13 Bid Form Division 00 41 13.01 attachment a bid summary Division 00 41 13.02 List of Sub Contractors Division 00 41 22 Special Materials Cost Increases Division 00 43 13 Bid Security Form C-430-2018 Division 00 45 13 Qualification Statement C-451-2018 Division 00 45 19 Non-Collusion and Business Relationship Affidavits (ORF-412, ORF-413) Division 00 51 00 Notice of Award C-510-2018 Division 00 52 13 Agreement C-520-2018 Division 00 55 00 Notice to Proceed C-550-2018 Division 00 61 13.13 Peformance Bond C-610-2018 Division 00 61 13.16 Payment Bond C-615-2018 Division 00 61 17 Statutory Bond Division 00 61 19 Maintenance Bond Division 00 62 76 Application for Payment C-620-2018r22 Division 00 62 77 DW-415 Claim or Invoice Affidavit (Rev. 1-24-12) Division 00 63 36 Field Order Form C-942-2018 Division 00 63 49 Work Change Directive Form C-940-2018 Division 00 63 63 Change Order Form C-941-2018r1 Division 00 65 19.13 Release of Claimants DIVISION 00 65 20.01 Partial Lien Release Subs and Suppliers DIVISION 00 65 20.02 Final Lien Release Subs and Suppliers Division 00 72 00 General Conditions C-700-2018 Division 00 73 00 Supplementary Conditions C-800-2018 26031 Tech Pro

7/13/2026

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Cimarron Valley Engineering, LLC

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Solicitation

Notice is hereby given that the Town of Luther, hereinafter called the “Owner” will receive sealed bids at the Town of Luther Town Hall, 108 S. Main Street, Luther, OK 73054 (PO Box 56, Luther, OK 73054 for mailing through USPS) until 11:00 a.m. August 3rd, 2026, at which time they will be opened and read aloud, to wit:

Item Description Qty. Unit

1 Mobilization 1 LSUM

2 Erosion and Sediment Control 1 LSUM

3 Remove Existing Retaining Wall 1 LSUM

4 Tree Stump Removal 5 E.A.

5 Retaining Wall Reconstruction 1 LSUM

6 Site Regrading 1 LSUM

7 Topsoil, Seed, and Mulch 1 LSUM

Bids submitted earlier than ninety-six (96) hours before the Bid Opening will be rejected and returned unopened. Upon receipt at the specified time, all bids will be carefully examined to ensure they are complete and accurate. All construction work and materials provided must adhere strictly to the Contract

Documents prepared by Cimarron Valley Engineering, LLC.

The contract will be granted to the bidder who offers the lowest price, demonstrates responsiveness and responsibility. The Owner retains the authority to rectify any minor clerical errors in the bids as permitted by Oklahoma Law. Furthermore, the Owner maintains the right to refuse any or all bids as outlined in accordance with the Oklahoma Public Competitive Bidding Act of 1974. Bids submitted with conditions will not be considered.

Each bidder must submit their original bid, lodged with the Town of Luther , accompanied by a certified or Cashier's Check from a solvent Oklahoma bank, or a Bidder's Bond. This bond must be equivalent to five (5) percent of the bid amount, serving as a guarantee of the bidder's capability to fulfill the contract bid and enter into a written agreement with the Owner. This agreement obligates the bidder to execute the work and/or supply the materials in compliance with the provided Plans and Specifications, as well as furnish the necessary bonds in accordance with the requirements of the Public Competitive Bidding Act of 1974.

The Owner will withhold the deposit as liquidated damages if the successful bidder fails to execute the contract and provide the specified bonds within the allotted timeframe. Deposits from unsuccessful bidders will be returned upon the completion of the Contract and provision of required bonds.

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Each bidder must submit a sworn written statement affirming that they have not engaged in any agreements, either direct or indirect, with other bidders regarding bid prices, bid limitations, payment for promotional expenses, or subcontracting arrangements.

Construction, Maintenance, Payment, and Statutory Payment Bonds, amounting to 100% of the contract price, are mandatory for this project. These bonds must be secured from a Corporate Surety licensed in

Oklahoma and approved by the Owner and Consulting Engineer. The bidder must identify the Surety or

Sureties responsible for signing the bond if the contract is awarded. The Maintenance Bond will ensure the repair of any damage resulting from faulty materials or workmanship for a period of two (2) years following the Owner's acceptance of the work.

The project's information and bidding documents are accessible through the designated bidding website:

www.civcastusa.com. Bidders are required to register on this website as plan holders, regardless of whether they obtain the bidding documents from the designated website or another source, either electronically or in paper format. The designated bidding website will be regularly updated with addenda, lists of registered plan holders, reports, and other pertinent information crucial for submitting a bid. All official notifications, addenda, and other bidding documents will be exclusively available through the designated bidding website. The Owner and Engineer shall not be held responsible for any bidding documents, including addenda, acquired from sources other than the designated bidding website.

Printed copies of the bidding documents can be procured from the designated bidding website for an additional fee. Refer to the designated website for further details.

For all further details regarding bid submission, qualifications, procedures, and contract award, please refer to the Instructions to Bidders included in the Bidding Documents.

Bids must remain valid for 30 days following the bid opening date. Within this period, the Owner retains the right to award the contract to the lowest responsive, responsible bidder or reject any or all bids for the project.

The Owner reserves the right to reject any or all bids, waive irregularities in bids deemed to be in the best interests of the Owner, and reject nonconforming, nonresponsive, or conditional bids. In the event of ambiguity or lack of clarity in bid pricing, the Owner reserves the right to interpret bids in the most advantageous manner or reject them outright.

Unreasonable or unbalanced unit prices will be grounds for rejecting any bid or bids.

This notice is issued by:

Owner: Town of Luther

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By: Rian Harkins

Title: Town Manager / Clerk-Treasurer

Date: 7/10/2026

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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Division 00 20 00

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION

CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

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ARTICLE 1— DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office —The office from which the Bidding Documents are to be issued, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents

(together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is

Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the

Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re -sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner r equires that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may distribute the Bidding Documents, or make them available for examination.

Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as plan holders from the Bidding Documents Website or

Issuing Office. Owner is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room.

2.05 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding

Documents are available, such documents will be made available to the Bidders as Electronic

Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version , latest version. It is the intent of the

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 00 20 00 Page 3 of 17

Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in

Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective

Date of the Contract.

C. Subcontractor and Supplier qualification information.

D. Other required information regarding qualifications.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. The Successful bidder shall perform work amounting to the percentage (%) limits stated in SC 7.07.B.1., using its own equipment and personnel. No portion of the Contract shall be sublet, assigned, or otherwise disposed of except with the expressed written consent of the Owner. If the Successful bidder fails to demonstrate to

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 00 20 00 Page 4 of 17 the Owner that it has the ability to perform the specified percentage of the Contract work with its own equipment and personnel, its Bid may be considered non-responsive.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—PRE -BID CONFERENCE

4.01 A pre-bid conference will not be conducted for this Project.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF

SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the

Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical

Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the

Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the

Supplementary Conditions. Bidder is responsible for any interpretation or conclusion

Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

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3. If the Supplementary Conditions do not identify Technical Data, the default definition of

Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in

Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-related Documents

A. No other Site-related documents are available.

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. Bidders visiting the Site are required to arrange their own transportation to the Site.

C. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following: Owner or Engineer. Bidder must conduct the required Site visit during normal working hours.

D. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

E. On request, and to the extent Owner has control over the Site, and schedule permitting, the

Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on

Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

F. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

G. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

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5.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the

Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the

Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the B id. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the

Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to

Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. Submitted via Designated Website at www.civcastusa.com.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract

Documents unless set forth in an Addendum that expressly modifies or supplements the Contract

Documents.

ARTICLE 8—BID SECURITY

8.01 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent

(5%) of Bidder’s maximum Bid price and in the form of a Bid bond issued by a surety meeting the

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 00 20 00 Page 7 of 17 requirements of Paragraph 6.01 of the General Conditions. Such Bid Bond will be issued in the form included in the Bidding Documents.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required

Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the

Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or -equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal o f Bids and identified by

Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within 10 days of the issuance of the Advertisement for Bids or invitation to Bidders.

Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General

Conditions, and the review of the request will be governed by the principles in those paragraphs.

The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 00 20 00 Page 8 of 17 item, such approval will be set forth in an Addendum issued to all registered Bidders. Bidders cannot rely upon approvals made in any other manner.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

10.03 If the Specification Section does not include language such as "or-equal" or "equivalent" or similar, it should be understood that the Owner has deliberately chosen the specified item, and substitutions or alternatives will not be entertained or accepted.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective

Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work within one business day after Bid opening.

11.03 If requested by Owner, prior to executing any subcontract, and within three (3) days after bid opening, the apparent Successful Bidder, and any other Bidder so requested, shall submit an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor , Supplier, or other individual or entity . If Owner or

Engineer, after due investigation, has reasonable objection to any proposed Subcontractor , Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent

Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. Declining to make the requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder.

11.04 If the apparent Successful Bidder declines to make any requested substitutions and the Owner determines that such substitutions are necessary, the Owner reserves the right to either request an acceptable substitute from the Successful Bidder or award the contract to the next lowest Bidder who proposes to use acceptable Subcontractors and Suppliers. If the Successful Bidder declines to provide acceptable substitutions, the Owner may forfeit the Bid security of the Successful Bidder.

Any Subcontractor or Supp lier listed, against which the Owner or Engineer makes no written objection prior to the Notice of Award, will be deemed acceptable to the Owner and Engineer, Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 00 20 00 Page 9 of 17 subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General

Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form.

B. Bidder shall enter a price for each Bid item listed in the Bid Form. The Total Bid will be the sum of the lump sum Bid items and the extended price for the unit-price Bid item.

C. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

D. A conditional bid will not be considered.

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the

Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the

Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the origin al paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the corresponding signatures.

12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

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12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

12.11 The Bid must contain evidence of Bidder’s authority to conduct business in the state of Oklahoma, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of

Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state of Oklahoma, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid.

Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

12.13 All bids must adhere to the specified bid form, ensuring that all blank spaces for bid prices are filled in either with ink or typewriting. The Bid Form must be fully completed and executed upon submission, with only one copy required. The Owner retains the right to waive any informalities or minor defects or reject any or all bids as permitted under Oklahoma Law. Bids may be withdrawn prior to the scheduled bid opening time or its authorized postponement. Bids received more than ninety-six (96) hours before the specified time or after the designated bid opening time will not be considered and will be returned unopened. If circumstances arise preventing the contract from being awarded within the specified period, an extension may be agreed upon mutually between the Owner and the bidders.

12.14 Bidders must ensure the accuracy of estimated quantities in the bid proposal by reviewing the

Plans and Specifications, including any existing addenda, and examining the project site. Once a bid is submitted, the bidder shall not assert misunderstanding concerning quantities or the nature of work to be performed. Failure or omission of any bidder to do so shall not relieve any bidder from any obligation in respect to its bid.

12.15 Prior to bidding, the Owner shall provide all pertinent information delineating and describing the land owned and rights-of-way acquired or to be acquired to the bidders.

12.16 The Contract Documents contain provisions necessary for the construction of the product.

Information obtained from any person shall not affect the risks or obligations assumed by the contractor or relieve the contractor from fulfilling any conditions of the contract.

12.17 Construction bonds (Performance, Statutory, and Maintenance) amounting to 100 percent, with a corporate surety approved by the Owner, will be required for faithful performance of the contract. Attorneys -in-fact signing bid and construction bonds must file with each bond a certified, effective dated copy of their Power-of-Attorney.

12.18 The Owner shall award a contract to the lowest, responsive, responsible bidder or bidders within thirty (30) calendar days after bid opening. The time may be extended further by mutual

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 00 20 00 Page 11 of 17 agreement between the Owner and the bidder according to O.S. Title 61 Section 111, Public

Competitive Bidding Act of 1974 (PCBA).

12.19 The Notice of Award shall be accompanied by the necessary contract, bonds, and insurance. If the bidder fails to execute the contract, the Owner may consider the bidder in default, in which case the Bid Bond becomes the Owner's property.

12.20 The awarded party must execute the contract and obtain construction bonds (Performance, Statutory, and Maintenance) and a certificate of insurance within 15 calendar days (not exceeding

60 days) from the Notice of Award. This period may be further extended by mutual agreement between the Owner and the bidder as per O.S. Title 61 Section 113 (PCBA).

12.21 Upon acceptance of an acceptable contract, bonds, and certificate of insurance signed by the party to whom the Contract was awarded, the Owner shall sign the contract and return an executed duplicate. If the Owner fails to execute the contract within the a greed period, the bidder may withdraw the signed contract upon written notice.

12.22 The Owner shall issue the Notice to Proceed after executing the contract, approving bonds, and certificate of insurance. Failure to issue the Notice to Proceed within the agreed period allows the contractor to terminate the contract without further liability.

12.23 The Owner may conduct investigations necessary to determine the bidder's ability to perform the work. The bidder shall provide all requested information for this purpose. The Owner reserves the right to reject any bid if evidence submitted by or investigation of such bidders fails to satisfy the

Owner regarding the bidder's qualifications.

12.24 A conditional or qualified bid will not be accepted. Tied bids must be lower than the sum of low separate bids to be accepted.

12.25 All applicable laws, ordinances, rules, and regulations of authorities having jurisdiction over construction of the project shall apply throughout the contract. The successful bidder must meet

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 00 20 00 Page 12 of 17 all requirements of the Underground Facilities Damage Prevention Act when working within public rights-of-way.

12.26 Alternate bids will be listed in numerical order, with the highest priority being number one, followed by number two, and so forth. The lowest bidder will be determined by comparing all bids containing selected alternates and computing the total value of the base bid plus the alternates.

12.27 All bidders and owners must comply with the Oklahoma PCBA of 1974.

12.28 The awarded bidder shall provide the names and addresses of all subcontractors and material suppliers when required by the Owner.

12.29 To prevent bypassing of raw sewage during construction, the contractor shall use the methods and/or schedules described in the Specifications.

12.30 The Contractor must commence work within 10 calendar days from the date shown on the Notice to Proceed.

12.31 The following items, included in this Bid Packet, must be submitted along with the bid:

a. Completed and signed Bid Form;

b. Bid security required by Article 8;

c. Non-Collusion Af fidavit;

d. Business Relationship Affidavit;

e. Statement of Qualifications (if required by Article 3);

f. Acknowledgement of all Addenda; and

g. Other documents expressly identified in the Bid Form as required to accompany the Bid.

12.32 The consulting engineer is Cimarron Valley Engineering, LLC. The consulting engineer’s contact person for this project is Matthew A. Coe, P.E., P.H., with phone number (405) 240-6053.

ARTICLE 13—BASIS OF BID

13.01 Lump Sum

A. Bidders must submit a Bid on a lump sum basis as set forth in the Bid Form.

13.02 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by

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Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

ARTICLE 14—SUBMITTAL OF BID

14.01 A Bid must be received no later than the date and time prescribed and at the place indicated in the

Advertisement or invitation to bid and must be enclosed in a plainly marked package with the

Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed i n a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.

14.02 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 00 20 00 Page 14 of 17 the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for 30 days after the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor

Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the

Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, unit prices, and other data, as may be requested in the Bid Form or prior to the

Notice of Award.

B. Bids will be compared based on the Total Bid shown in the Bid Form. The Total Bid will consist of:

1. The sum of the lump sum prices for Bid Items 1, 2, 3, 5, 6, and 7; and

2. The extended price for Bid Item 4, Tree Stump Removal , calculated by multiplying the estimated quantity of 5 each by the Bidder’s unit price per stump.

C. If there is a discrepancy between the unit price and the extended price for Bid Item 4, the unit price will govern. Owner may correct the extended price and Total Bid accordingly.

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D. Owner may reject a Bid containing materially unbalanced pricing, including a lump sum or unit price that is unreasonable in relation to the Work or that creates a substantial risk of increased cost to Owner.

E. In the event of a discrepancy between the indicated sum of any column of figures and the correct mathematical sum, the correct sum will govern.

18.06 In evaluating whether a Bidder is responsible, the Owner will consider the Bidder’s qualifications, experience, technical competence, integrity, financial capacity, safety performance, and demonstrated ability to perform the Work in accordance with the Contract Documents. The Owner may also consider the qualifications, experience, past performance, and reliability of proposed

Subcontractors and Suppliers for those portions of the Work for which identification is required in the Bidding Documents. In determining responsibility, the Owner may consider, among other objective factors permitted by Oklahoma law, the following:

A. Compliance with all requirements of the Bidding Documents, including submission of all required forms, affidavits, certifications, bid security, and acknowledgements of addenda.

B. The Bidder’s experience with projects of similar size, scope, complexity, and regulatory requirements.

C. The Bidder’s past performance, including quality of workmanship, adherence to schedules, cooperation with owners and engineers, and history of claims, disputes, defaults, or terminations.

D. The Bidder’s safety record, including EMR ratings, OSHA history, and implementation of safety programs.

E. The Bidder’s financial stability, bonding capacity, and ability to obtain required insurance and bonds.

F. The availability, qualifications, and experience of key personnel proposed for the Work.

G. The Bidder’s current workload and existing project commitments, including the number, size, and status of active projects, and the Bidder’s demonstrated ability to adequately staff, supervise, and complete the Work within the Contract Time without adverse impact to quality, safety, or schedule.

H. References and documented performance on similar projects, including information obtained from owners, engineers, or other public entities for whom the Bidder has previously performed work, whether or not such projects are listed as references by the Bidde r, provided such information is factual and relevant to responsibility.

I. The completeness, accuracy, and sufficiency of the Bidder’s Statement of Qualifications (Division 00 45 13, EJCDC C -451), including all required schedules and attachments.

1. Failure to fully complete the Statement of Qualifications, provide required attachments, or submit information that is materially inaccurate or misleading may be grounds for determining the Bidder not responsible.

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J. Submission of the lowest Bid price does not guarantee award of the Contract. Award will be made only to the lowest responsive and responsible Bidder as determined by the Owner in accordance with the Oklahoma Public Competitive Bidding Act.

18.07 The Owner may conduct investigations as it deems necessary to establish the responsibility, qualifications, experience, financial capacity, and overall suitability of any Bidder and any proposed

Subcontractors or Suppliers. Such investigations may include, but are not limited to, review of submitted qualification materials, verification of licensing and bonding capacity, contact with references, review of past project performance, and consideration of information obtained through prior experience with the Bidder.

A. Failure of the apparent low Bidder to timely provide requested information, or submission of materially false, incomplete, or misleading information, may be grounds for determining the

Bidder not responsible or for rejection of the Bid.

B. The Owner reserves the right to request clarification of any Bid to resolve ambiguities or apparent errors. Failure of a Bidder to respond within the time specified may result in rejection of the Bid.

18.08 Local Bid Preference

A. In accordance with Title 61 O.S. §117(B), when awarding public construction contracts exceeding One Hundred Thousand Dollars ($100,000.00), or construction management trade contracts or subcontracts exceeding Fifty Thousand Dollars ($50,000.00), the Owner shall provide for a local bid preference of not more than five percent (5%).

B. The local Bidder or C ontractor must agree to perform the contract for the same price and terms as the bid proposed by the nonlocal Bidder or C ontractor. No local bid preference shall be granted unless the local bidding entity is the second lowest qualified Bid on the contract.

C. This provision does not apply to any construction contract for which federal funds are available for expenditure when its provisions may conflict with federal law or regulation.

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must e xecute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 00 20 00 Page 17 of 17 will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General

Conditions.

ARTICLE 21—SALES AND USE TAXES

21.01 Owner is exempt from Oklahoma state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes must not be included in the Bid. Refer to Paragraph SC -7.10 of the Supplementary Conditions for additional information.

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 00 41 13 Page 1 of 6

Division 00 41 13

BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1 —OWNER AND BIDDER

1.01 This Bid is submitted to:

Town of Luther

108 S. Main Street

Luther, Oklahoma 73054

P.O. Box 56, Luther, Oklahoma 73054

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the ti mes indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 —BIDDER’S ACKNOWLEDGEMENT

2.01…