CO065_26051401_JP3531704_SampleProposalRevised.pdf

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Attached to
Pavement Reconstruction - No Added Lanes, I-44 State and local contract opportunity
Solicitation number
230338 CO 065
Issued by
Cleveland County, Oklahoma

About this file

This is a sample proposal document for a state construction contract issued by the Oklahoma Turnpike Authority (OTA) for pavement reconstruction on the H.E. Bailey Turnpike (I-44) in Cotton and Comanche Counties. The project involves pavement reconstruction with no added lanes extending 9.934 miles from the junction of SH-5 northward near Lawton. The scope of work encompasses unclassified excavation (186,615 cubic yards), asphalt and concrete pavement removal and replacement, stabilized subgrade installation (599,988 square yards), superpave asphalt placement (91,756 tons), Portland cement concrete pavement placement (530,247 square yards), guardrail installation and removal, drainage work, traffic control measures, and pavement markings and signing. The contract is structured as an A+B bid, with the "A" portion representing unit prices for line items and the "B" portion representing time to achieve substantial completion. Proposals were accepted via the internet bidding platform BidX through May 13, 2026, with the bid opening scheduled for May 14, 2026 at 10:30 a.m. The estimated contract time is 510 calendar days, with a maximum time allowed for substantial completion of 500 calendar days. Contract execution is expected within ten working days of award by the contractor and fourteen working days by the Authority.

The A+B bidding structure establishes an incentive/disincentive rate of $3,000 per day, with incentives available for completion up to 20 calendar days early and disincentives assessed for delays beyond the time bid. Liquidated damages are assessed based on contract amounts, ranging from $300 daily for contracts under $200,000 to $1,800 daily for contracts exceeding $10,000,000. A proposal guaranty equal to 5 percent of the bid total is required. The contractor must maintain Oklahoma residents as at least 90 percent of the labor force and is responsible for all toll charges incurred during construction. Lane rental fees of $5,000 per lane per hour per mile apply for failure to comply with traffic control requirements, with no more than one lane closed per direction and 6.0 miles of roadway under construction per direction at any time. No Disadvantaged Business Enterprise participation requirement is specified for this project. The contractor must provide a performance bond, statutory payment bond, and maintenance bond. A flexible notice to proceed allows work to begin anytime after issuance (approximately 30 days post-award) but no later than September 14, 2026. Construction operations are prohibited on specified holidays without prior approval, and the contractor is responsible for all costs associated with project administration, traffic control, construction staking, and mobilization.

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BID RIGGING IS A SERIOUS CRIME. IF YOU HAVE ANY INFORMATION CONCERNING COLLUSIVE BIDDING, EVEN A REQUEST TO SUBMIT A COMPLIMENTARY BID, PLEASE CALL THE OKLAHOMA ATTORNEY GENERAL'S OFFICE AT TELEPHONE NO. 405-521-3921.

PROPOSAL 230338

CALL ORDER 065

TO BE LET ON

THURSDAY, MAY 14, 2026 AT 10:30 A.M.

STD OTA PROPOSAL

BIDX WILL BE ACCEPTED.

COTTON AND COMANCHE COUNTIES

TURNPIKE PROJECT

PAVEMENT RECONSTRUCTION- NO ADDED LANES

OTA ACCESS HE BAILEY TURNPIKE (I-44): FROM THE

JUNCTION OF SH-5, EXTEND NORTH NEAR LAWTON.

PROJECT LENGTH = 9.934 MILES

HEB-MC-65D, 35317(04)

CONTRACT TIME ESTIMATED FOR PROPOSAL IS 510 CALENDAR DAYS

FLEX START - SEE SPECIAL PROVISION 108-23

CREATION OF THIS DOCUMENT WAS ON FRIDAY, APRIL 24, 2026 AT 10:08 AM.

CREATED: 4/24/2026 10:08 AM

S T A T E O F O K L A H O M A O K L A H O M A T U R N P I K E A U T H O R I T Y

Advertisement to Contractors – May 14, 2026 10:30 A.M. Bid Opening

SHEET 1 OF 1

Plans and proposals for this bid opening will be available on April 16, 2026. No bidding proposals will be issued to any Contractor after May 13, 2026 10:30 A.M.. The cost for each bidding proposal is $ 50.00 + tax. State Standard Specifications may be purchased by contacting ODOT Business Services Center Branch (405) 521-4509. No refunds will be made for bidding documents or specification books purchased.

Sample proposals, preliminary plans, long form and short form notices, order forms, bid tabs and awards, can be accessed on ODOT's Web site: https://oklahoma.gov/odot/business-center/contracts-and-proposals.html

Bids must be prepared in accordance with the State Standard Specifications. Unless otherwise specified, bids for all projects must be submitted over the internet to Bid Express(https://www.bidx.com) using AASHTOware Project Bids.

Instructions for using Bid Express, Project Bids, and the electronicbidding process are available from the Office Engineer Division. When written bids are allowed, sealed proposals may be delivered directly to the Office Engineer Division prior to the scheduled bid opening. For written bids, do not disassemble the bidding proposal in any way.

Any firm bidding a project as a joint venture, that has not been previously approved by the department, must complete the ‘Request for Joint Venture’ form, which is posted on the ODOT website, prior to bidding.

Unless otherwise specified in the proposal, all bids must be submitted with a proposal guaranty equal to 5 % of the bid total.

Questions and comments regarding the May 14, 2026 bid opening will be accepted until April 24, 2026. Please submit your questions through the ODOT pre-bid email address: ODOT-Prebid.Question@odot.org. Responses will be posted to the “Pre-bid Questions and Answers” section of the ODOT Contracts & Proposals webpage as they are received. It is recommended that interested contractors visit the “Pre-Bid Questions and Answers” link regularly in order to stay informed of the latest information: https://oklahoma.gov/odot/business-center/contracts-and-proposals.html.

Unless otherwise noted in the proposal, upon award of the contract to the successful bidder, the contract will be completely and correctly executed by the contractor and returned to the Authority within ten(10) working days from the date of award. The Authority will have fourteen(14) working days from the date of award to complete it's execution of the contract.

The Oklahoma Department of Transportation(ODOT) and the Oklahoma Turnpike Authority(OTA) ensures that no person or groups of persons shall, on the grounds of race, color, sex, religion, national origin,age, disability, retaliation or genetic information, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination underany and all programs, services, or activities administered by ODOT or OTA, their recipients, sub -recipients, and contractors. To request an accommodation please contact the ADA Coordinator at (405)521-4140 or the Oklahoma Relay Service at 1-800-722-0353. If you have any ADA or Title VI questions email ODOT-ada-titlevi@odot.org

Description of work and location of project: Call Order: 065

HEB-MC-65D H.E. BAILEY

TURNPIKE

COTTON AND COMANCHE JP No.35317(04)

PAVEMENT RECONSTRUCTION - NO ADDED LANES

OTA ACCESS HE BAILEY TURNPIKE (I-44): FROM THE JUNCTION OF SH-5, EXTEND

NORTH NEAR LAWTON.

STATE OF OKLAHOMA, OKLAHOMA TURNPIKE AUTHORITY (OTA) - By: JOE ECHELLE, Director.

PAGE 1 OF 98PROPOSAL ID : 230338

https://oklahoma.gov/odot/business-center/contracts-and-proposals.html https://www.bidx.com mailto:ODOT-Prebid.Question@odot.org https://oklahoma.gov/odot/business-center/contracts-and-proposals.html mailto:ODOT-ada-titlevi@odot.org mailto:ODOT-ada-titlevi@odot.org

S U M M A R Y O F T I M E

CONTRACT TIME

CONTRACT TIME ESTIMATED FOR PROPOSAL IS 510 CALENDAR DAYS

SUMMARY OF TIME BID

ID TITLE / DESCRIPTION MAX TIME

ALLOWED

INCENTIVE

RATE

DISINCENTIVE

RATE

MAX. INC.

TIME LS PAYMENT

01 TIME 'B' BID MAXIMUM 500 Days $ 3,000.00 $ 3,000.00 20 Days NONE

NOTICE

THE AUTHORITY WILL CONSIDER A PROPOSAL NONRESPONSIVE AND REJECT IT IN ACCORDANCE WITH SUBSECTIONS 102.08 AND/OR 102.14 OF THE CURRENT OKLAHOMA DEPARTMENT OF TRANSPORTATION

STANDARD SPECIFICATIONS.

PAGE 2 OF 98PROPOSAL ID : 230338

S U M M A R Y O F I T E M S

SHEET 1 OF 6

LINE ITEM DESCRIPTION APPROX. QTY UNIT PRICE BID AMOUNT

UNITS DOLLARS CTS DOLLARS CTS

SECTION 0001 ROADWAY

0010 202(A)2200

UNCLASSIFIED EXCAVATION

186,615.000 CY

0020 202(D)2500

UNCLASSIFIED BORROW

18,432.000 CY

0030 205(A)6200

TYPE A-SALVAGED TOPSOIL

1.000 LSUM

0040 221(B)2300

TEMPORARY SILT FENCE

60,630.000 LF

0050 221(E)2600

TEMPORARY SILT DIKE

1,820.000 LF

0060 221(H)2900

(PL)TEMPORARY INLET SEDIMENT

FILTER

13.000 EA

0070 230(A)7200

SOLID SLAB SODDING

64,988.000 SY

0080 233(A)0200

VEGETATIVE MULCHING

16.000 AC

0090 303(A)1200

AGGREGATE BASE TYPE A

5,817.000 CY

0100 307(K)4200

STABILIZED SUBGRADE

599,988.000 SY

0110 402(E)2600

TRAFFIC BOUND SURFACE COURSE

TYPE E

1,510.000 TON

0120 407(B)7300

TACK COAT

4,156.000 GAL

0130 408 8100

PRIME COAT

26,068.000 GAL

0140 411(B)1330

SUPERPAVE, TYPE S3(PG 64-22 OK)

87,031.000 TON

0150 411(C)1430

SUPERPAVE, TYPE S4(PG 64-22 OK)

4,725.000 TON

0160 414(A)5200

P.C.CONCRETE

PAVEMENT(PLACEMENT)

204,316.000 SY

PAGE 3 OF 98PROPOSAL ID : 230338

SHEET 2 OF 6

UNITS DOLLARS CTS DOLLARS CTS

0170 414(B)5300

DOWEL JOINTED

P.C.C.PAVT.(PLACEMENT)

325,931.000 SY

0180 414(G)5800

P.C. CONCRETE FOR PAVEMENT

124,639.000 CY

0190 609(A)4230

CONC.CURB(6" BARRIER-INTEGRAL)

1,304.000 LF

0200 619(B)6360

REMOVAL OF CONCRETE PAVEMENT

369,242.000 SY

0210 619(B)6364

REMOVAL OF ASPHALT PAVEMENT

118,566.000 SY

0220 619(B)6368

REMOVAL OF DRAINAGE INLETS

10.000 EA

0230 619(B)6396

REMOVAL OF GUARDRAIL

6,267.000 LF

0240 619(B)6400

REMOVAL OF CURB

4,155.000 LF

0250 619(B)6416

REMOVAL OF CONCRETE MEDIAN

BARRIER

9,119.000 LF

0260 619(C)6600

SAWING PAVEMENT

22,527.000 LF

0270 623 1100

(PL)GUARDRAIL CURBING

15.000 EA

0280 623(A)1200

BEAM GUARDRAIL W-BEAM SINGLE

13,987.500 LF

0290 623(F)1764

GUARDRAIL TRAIL END TURNDOWN

(31")

34.000 EA

0300 623(G)1820

GUARDRAIL END TREATMENT (31")

43.000 EA

0310 623(I)2050

GUARDRAIL BRIDGE CONN-THRIE

BEAM (31")

15.000 EA

0320 627(A)6200

CONCRETE LONGITUDINAL BARRIER,

DESIGN 1

6,878.000 LF

PAGE 4 OF 98PROPOSAL ID : 230338

SHEET 3 OF 6

UNITS DOLLARS CTS DOLLARS CTS

0330 627(B)6300

CONCRETE LONGITUDINAL BARRIER

END SEC.

10.000 EA

SECTION 0001 SUB TOTAL

SECTION 0002 BRIDGE

0340 202(A)2210

UNCLASSIFIED EXCAVATION

184.000 CY

0350 504(E)5500

CONCRETE PARAPET

320.000 LF

SECTION 0002 SUB TOTAL

SECTION 0003 TRAFFIC SIGNING AND STRIPING

0360 413(C)4400

RUMBLE STRIP-METHOD PCC-CON

208,614.000 LF

0370 619(B)6432

REMOVAL OF CABLE BARRIER

39,101.000 LF

0380 628(B)7300

HIGH-TENSION CABLE BARRIER(TL-4)

39,101.000 LF

0390 628(C)7400

END ANCHORS

26.000 EA

0400 628(E)7600

CABLE BARRIER TENSION METER

1.000 EA

0410 805(A)3252

(PL)REMOVAL OF EXISTING SIGNS

8.000 EA

0420 805(D)3528

(PL)REMOVE & RESET EXISTING SIGNS

57.000 EA

0430 850(A)1200

SHEET ALUMINUM SIGNS

112.000 SF

0440 853 5100

DELINEATORS(TYPE 1, CODE 1)

200.000 EA

0450 853 5170

GUARDRAIL DELINEATORS(TYPE 1,

CODE 1)

270.000 EA

PAGE 5 OF 98PROPOSAL ID : 230338

SHEET 4 OF 6

UNITS DOLLARS CTS DOLLARS CTS

0460 856(A)8207

(SP) TRAFFIC STRIPE(PLURAL-

COMPONENT)(6" WIDE)

271,302.000 LF

0470 856(A)8211

(SP) TRAFFIC STRIPE(PLURAL-

COMPONENT)(8" WIDE)

3,491.000 LF

0480 856(A)8215

(SP) TRAFFIC STRIPE(PLURAL-

COMPONENT)(12" WIDE)

2,363.000 LF

0490 856(B)8307

(SP) TRAFFIC STRIPE(PLURAL-

COMP)(ARROWS)

10.000 EA

0500 871(A)2200

IMPACT ATTENUATOR

13.000 EA

SECTION 0003 SUB TOTAL

SECTION 0004 TRAFFIC CONTROL

0510 857(A)9200

CONSTRUCTION TRAFFIC

STR.(PAINT)(4" WIDE)

616,730.000 LF

0520 857(F)9700

PAVEMENT

MRKNG.REMOVAL(TRAF.STRP)

583,914.000 LF

0530 871(B)2300

CONST.ZONE IMPACT ATTEN.

1,490.000 SD

0540 871(C)2410

RELOCATION OF IMPACT

ATTENUATOR

29.000 EA

0550 877(B)4300

DELIVER PORTABLE LONGITUDINAL

BARRIER

78,190.000 LF

0560 877(C)4400

RELOCATION OF PORT. LONGITUDINAL

BARRIER

203,060.000 LF

0570 880(A)6220

ARROW DISPLAY(TYPE C)

2,040.000 SD

PAGE 6 OF 98PROPOSAL ID : 230338

SHEET 5 OF 6

UNITS DOLLARS CTS DOLLARS CTS

0580 880(B)6300

CONSTRUCTION SIGNS 0 TO 6.25 SF

6,780.000 SD

0590 880(B)6310

CONSTRUCTION SIGNS 6.26 SF TO 15.99

SF

12,310.000 SD

0600 880(B)6320

CONSTRUCTION SIGNS 16.0 SF TO 32.99

SF

9,570.000 SD

0610 880(C)6410

CONSTRUCTION BARRICADES(TYPE III)

3,142.000 SD

0620 880(E)6600

WARNING LIGHTS(TYPE A)

22,440.000 SD

0630 880(E)6610

WARNING LIGHTS(TYPE C)

20,075.000 SD

0640 880(F)6700

DRUMS

85,757.000 SD

0650 880(G)6805

CHANNELIZER CONES

71,540.000 SD

0660 880(L)7310

(SP) TRAFFIC SURVEILLANCE, OHP

(NON-BID)

3,000.000 HOUR $ 77.00 $ 231,000.00

0670 882(A)8210

PORT.CHANGEABLE MESSAGE SIGN

2,096.000 SD

SECTION 0004 SUB TOTAL

SECTION 0005 CONSTRUCTION STAKING

0680 642(B)3300

CONSTRUCTION STAKING LEVEL II

1.000 LSUM

SECTION 0005 SUB TOTAL

SECTION 0006 CONSTRUCTION

0690 220 1100

SWPPP DOCUMENTATION AND

MANAGEMENT

1.000 LSUM

PAGE 7 OF 98PROPOSAL ID : 230338

SHEET 6 OF 6

UNITS DOLLARS CTS DOLLARS CTS

0700 641 2110

MOBILIZATION

1.000 LSUM

SECTION 0006 SUB TOTAL

ITEM

TOTAL

TIME BID

01 TIME 'B' BID MAXIMUM (500 Days) $ 3,000.00

TIME TOTAL

TOTAL

PAGE 8 OF 98PROPOSAL ID : 230338

O K L A H O M A T U R N P I K E A U T H O R I T Y

I N D E X O F P R O V I S I O N S FOR JPN(s) : HEB-MC-65D, 35317(04)

COTTON AND COMANCHE COUNTIES

PROPOSAL PROVISIONS

100-OTA(a-j)19 OKLAHOMA TURNPIKE AUTHORITY 102-004(a-b)19 A + B BIDDING (TRADITIONAL BID + INCENTIVE/DISINCENTIVE

PAYMENT)

102-013(a-b)19 BIDDING PROCEDURES 107-012(a-b)19 FEDERAL AVIATION REGULATIONS 108-023(a)19 FLEXIBLE NOTICE TO PROCEED 108-080(a)19 LIQUIDATED DAMAGES 108-182(a)19 SUBLETTING OF CONTRACT (70%) 108-329(a-b)19 LANE RENTAL 109-014(a)19 MATERIAL ON HAND 411-025(a)19 HOT MIX ASPHALT/WARM MIX ASPHALT 414-017(a)19 LONGITUDINAL FINISH

414-018(a)19 OPTIMIZED GRADATION FOR PORTLAND CEMENT CONCRETE

PAVEMENT

430-2QA(a-j)19 PAVEMENT AND BRIDGE DECK SMOOTHNESS 441-001(a-c)19 ELECTRONIC TICKETING FOR BITUMINOUS MATERIALS 504-006(a-b)19 RAILS, PARAPETS, AND CURBS 525-001(a-c)19 MIGRATORY BIRD NEST PREVENTION FOR BRIDGE STRUCTURES AND

CULVERTS

701-014(a-d)19 OPTIMIZED GRADATION FOR PORTLAND CEMENT CONCRETE

PAVEMENT

703-001(a-b)19 RECYCLED CONCRETE AGGREGATE 708-021(a-c)19 RECLAIMED ASPHALT PAVEMENT AND SHINGLES 711-003(a-h)19 TRAFFIC STRIPE 856-003(a-j)19 TRAFFIC STRIPE (PLURAL-COMPONENT) 880-010(a-b)19 TRAFFIC SURVEILLANCE

OTA-00110 CONTRACTORS PERFORMANCE RECORD - 30%

OTA-00200 BUSINESS RELATIONSHIPS AFFIDAVIT

OTA-00300 NON-COLLUSION BIDDING CERTIFICATION

OTA-00400 STATUS VERIFICATION SYSTEM AFFIDAVIT

OTA-00500 CONTRACT

OTA-00600 CONTRACT AFFIDAVIT

OTA-00700 AUTHORIZATION FOR WAIVER AND DISCLOSURE OF TAX

INFORMATION

OTA-00800 CHANGE ORDERS OR ADDENDA

OTA-00900 MAINTENANCE BOND

OTA-01000 PERFORMANCE BOND

OTA-01100 STATUTORY PAYMENT BOND

PAGE 9 OF 98PROPOSAL ID : 230338

100-OTA(a-j) 19 12-10-25

OKLAHOMA DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

FOR

OKLAHOMA TURNPIKE AUTHORITY

The Oklahoma Turnpike Authority has adopted the Oklahoma Department of Transportation 2019 Standard Specifications for Highway Construction (“ODOT Standard Specifications”) as applicable to this turnpike construction project. These Special Provisions revise, amend and, where in conflict, supersede the applicable sections of the ODOT Standard Specifications with the intent to harmonize terminology, turnpike operations and organizational references where applicable.

100 GENERAL PROVISIONS

A. Terminology

Where appropriate and/or applicable . . .

Replace “Department” with “Authority.”

Replace “Resident Engineer” with “Engineer.”

Replace “Oklahoma Department of Transportation” with “Oklahoma Turnpike Authority.”

Replace “Commission” with “Authority.”

Replace “Highway with Turnpike” Replace “ODOT with OTA”

B. Addresses

a. Amend Subsection 102.06 to include:

Engineering Division Oklahoma Turnpike Authority 3500 Martin Luther King Ave.

Oklahoma City, OK 73111

b. Amend Subsection 106.04 to include:

Construction Division Oklahoma Turnpike Authority 3500 Martin Luther King Ave.

Oklahoma City, OK 73111

c. Amend Subsection 107.12.F to include:

Engineering Division Oklahoma Turnpike Authority 3500 Martin Luther King Ave.

Oklahoma City, OK 73111

PAGE 10 OF 98PROPOSAL ID : 230338

100-OTA(b-j) 19

C. Abbreviations and Acronyms

Amend Table 101:1, “Abbreviations and Acronyms” to include:

Table 101:1 Abbreviations and Acronyms

Short Form Long Form Authority Oklahoma Turnpike Authority

OTA Oklahoma Turnpike Authority

D. Definitions

Amend and revise Subsection 101.05, “Definitions” to include:

C1. Adverse Weather Day. Days when weather related conditions exist which impede the proper performance of work activities critical to milestone or Contract completion. (See Subsection 108.07.B (1), “Extension for Adverse Weather.”)

C2. Advertisement. See Bid Notice.

C3. Authority. The Oklahoma Turnpike Authority, an instrumentality and body corporate and politic constituted by State law.

AA1. Construction Engineer. The direct representative of the Authority with the authority to oversee all aspects of the construction. The Construction Engineer will serve as the point of contact for the Contractor during the Project. The Authority representative may or may not be a licensed professional engineer or a consultant retained by the Authority.

(See Subsection 105.01, “Authority and Duties of the Construction Engineer.”)

AW2. General Consulting Engineer. An independent engineer, engineering firm, or corporation with a nationwide and favorable repute for skill and experience in highway design, maintenance work, and duties associated with a Traffic Engineer.

E. Bidding Requirements and Conditions

Amend Section 102 to add the following:

102.17 TOLL CHARGES

The Contractor is responsible for toll charges incurred as a part of their operations, including charges incurred by subcontractors, suppliers, and other parties providing material, equipment, or services to the Contractor.

PAGE 11 OF 98PROPOSAL ID : 230338

100-OTA(c-j) 19

OTA will establish a separate, post-paid (invoice) account between the Contractor and the PikePASS Division, unless the Contractor has an existing account. OTA will invoice the Contractor quarterly for the toll charges accrued.

If customers of the Turnpike System are unable to pay cash tolls due to improper or unauthorized work zones set up by the Contractor, the Contractor will be responsible for all lost toll charges that would have been due to OTA.

F. Plans and Working Drawings

Amend Subsection 105.02.B, “Submissions” to include:

Submit working drawings and work plans to the Engineer.

Submit six copies (plus any additional copies the Contractor wants returned for its own use) of the working drawings and work plans with a transmittal letter including the following applicable information:

• Project number,

• Job/piece number,

• County,

• Turnpike,

• Structure number,

• A list of enclosed working drawing sheets, and

• A list of changes.

Amend Subsection 105.02.C, “Working Drawing Requirements” to include:

Submit drawing sheets no larger than 11 in × 17 in [279 mm × 432 mm]. Include a title block in the lower right hand corner of each page which includes the following applicable information:

• Project number,

• Job/piece number,

• County,

• Turnpike,

• Location description,

• Structure number,

• Sheet number,

• Contractor’s name, and

• The name of the supplier, fabricator, or manufacturer supplying material, product, or equipment to the Project.

G. Nonbinding Procedure for Claim Settlement

Add the following to Section 105 CONTROL OF WORK:

PAGE 12 OF 98PROPOSAL ID : 230338

100-OTA(d-j) 19

105.19 NONBINDING PROCEDURE FOR CLAIM SETTLEMENT

A. Contractor Claim Submittal and Engineer Response

(1) Written Notice

If the Contractor intends to file a claim in accordance with the Standard Specifications, the Contractor shall provide written notification to the Engineer in the time limits specified in the Standard Specifications or Special Provision relating to the claim. The filing of the written notice is jurisdictional. If the Contractor fails to provide written notice to the Engineer within the required time, the Contractor shall waive entitlement to time extensions or additional compensation related to the claim.

(2) Detailed Statement

After submitting the written notification in accordance with Subsection 105.19.A.1, “Written Notice,” but no later than 30 calendar days after the Contractor has incurred all the costs related to the claim, the Contractor shall submit a detailed statement of the claim to the Engineer in person or by certified mail. The detailed statement shall include all documentation supporting the Contractor’s claim. The documentation shall clearly detail the following information for each item of additional compensation or request for time extension specified in the claim:

1. The reasons for the claim,

2. The references to applicable provisions of the Standard Specifications,

3. The nature and the specific claimed cost for each issue or the specific requested extension for each period of time,

4. The basis for each claimed cost or requested extension, and

5. All other pertinent factual data.

The Contractor shall submit cost data using the Authority’s form, Cost Breakdown for Support of Supplemental Agreement.

If requested by the Authority in writing, the Contractor shall provide copies of and allow the Authority to access records relating to the claim. If the Authority requests copies of or access to records, the Authority’s review time will be extended by the time necessary for the Contractor to provide copies of or access to the records. If the Contractor fails to provide copies of or access to 105.19 records relating to the claim, the Authority may deny all or part of the claim.

(3) Engineer’s Review of and Response to the Claim The Engineer will review the Contractor’s claim and respond to the Contractor in writing within the following times from the Authority’s receipt of the claim including any time extensions provided to fulfill Authority requests for additional information:

1. For claims equal to or less than $250,000, within 90 calendar days, and

2. For claims greater than $250,000, within 180 calendar days.

PAGE 13 OF 98PROPOSAL ID : 230338

100-OTA(e-j) 19

The Engineer and the Contractor may agree in writing to extend the time requirements for the Engineer to respond.

If the Contractor and the Authority do not reach an agreement, during the Engineer claim review, or if the Authority does not issue a response within the review period including any extensions, the claim will be considered completely denied. The Contractor may appeal the Engineer’s complete or partial denial of the claim to the Chief Engineer as specified in Subsection 105.19.B, “Appeal of Claim Denial.”

B. Appeal of Claim Denial

(1) Contractor’s Appeal

To appeal the Engineer’s complete or partial denial of the claim, the Contractor may appeal to the Chief Engineer by forwarding a copy of the claim in person or by certified mail within 20 calendar days of receipt of the Engineer’s denial of the claim.

An appeal shall include:

1. The original claim as reviewed by the Engineer,

2. All supporting documentation,

3. Any written agreements between the Contractor and Authority related to the claim, and

4. A statement setting forth the grounds upon which the Contractor is appealing the Engineer’s complete or partial denial of the claim.

If the Contractor does not submit the appeal within 20 calendar days of receipt of the claim denial, the decision of the Engineer will be final.

(2) Chief Engineer’s Review of and Response to the Appeal

Upon receipt of the appeal and supporting documentation identified in Subsection 105.19.B.(1), “Contractor’s Appeal,” the Chief Engineer will review the claim and determine if additional documentation, information, or other factual data are necessary to make a final decision. Within 15 calendar days of receipt of the appeal and supporting documentation, the Chief Engineer may request, in writing, that the Contractor provide additional information. Within 45 calendar days of receipt of the appeal or additional information from the Contractor, the Chief Engineer may dispose of the claim by Supplemental Agreement.

If the Authority and the Contractor fail to execute an agreement within 45 calendar days, within 5 calendar days thereafter the Chief Engineer will issue a decision on each item of the claim as to whether the item is approved in whole, approved in part, or disapproved. The Chief Engineer will mail its decision to the Contractor by first class mail.

If Chief Engineer fails to issue a decision within 5 calendar days or within any extensions agreed to in writing by the Authority and the Contractor, the claim will be considered denied as to any matter not previously agreed to in writing by the Contractor and Authority.

The Contractor may proceed with the claim in accordance with Subsection 105.19.C, “Action after Denial of Claim Appeal.”

PAGE 14 OF 98PROPOSAL ID : 230338

100-OTA(f-j) 19

C. Action after Denial of Claim Appeal

(1) Request for Mediation If the Contractor is not satisfied with the Chief Engineer’s final decision, the Contractor may request mediation in accordance with the most current edition of the AAA “Construction Industry Mediation Rules” (AAA Rules) as modified by Subsection 105.19.C.(2), “Amendments to Mediation Rules of the AAA.” The Contractor shall submit a request for mediation within 15 calendar days of receipt of the Chief Engineer’s final decision. The Contractor and the Authority can agree, in writing, to waive mediation before the AAA and proceed with private mediation, or to waive mediation altogether in which case the Contractor can pursue the claim pursuant to the provisions of Subsection 105.19.D, “Mediation Termination.”

(2) Amendments to the AAA Rules The AAA Rules are amended or modified as follows:

(a) Rule 2, Initiation of Mediation

The Contractor may initiate mediation by filing a written request for mediation with the Dallas Regional Office of the AAA, and sending a copy of the request to the Chief Engineer. With the request for mediation, the Contractor shall include the appropriate administrative fee as set forth in the Fee Schedule of the AAA Rules.

(b) Rule 8, Date, Time, and Place of Mediation

The mediator shall fix the date and time of each mediation session. The mediation shall be held at the Oklahoma Turnpike Authority Building in Oklahoma City, Oklahoma, or at any other convenient location agreeable to the mediator, the Contractor, and the Authority.

D. Mediation Termination

If mediation has been terminated in accordance with Rule 14 of the AAA Rules, the Contractor may further pursue the claim in District Court in Oklahoma County.

H. Control of Materials

Replace Subsection 106.01 B “Buy America” with:

Follow the “Buy America” provisions as required by Title 23 Code of Federal Regulations

635.410. Except as expressly provided herein, all manufacturing processes of steel or iron provided under this Contract shall occur in the United States, including the application of :

1. Coating,

2. Galvanizing,

3. Painting, and

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100-OTA(g-j) 19

4. Other coating that protects or enhances the value of steel or iron products.

The following are exempt, unless processed or refined to include substantial amounts of steel or iron material, and may be used regardless of source in the domestic manufacturing process for steel or iron material:

1. Pig iron,

2. Processed, pelletized, and reduced iron ore material, or

3. Processed alloys.

The requirements do not prevent a minimal use of foreign steel if the cost of such materials does not exceed 0.1 percent of the total Contract amount, or $2,500, whichever is greater.

The Contractor shall submit to the Engineer the origin and value of any foreign material used.

The Contractor shall submit a certification stating that all manufacturing processes involved with the production of steel or iron materials occurred in the United States.

I. Storage and Handling of Material

Amend Subsection 106.08, “Storage and Handling of Material” to include the following:

Store and handle materials to preserve their quality and fitness for the work. Transport bulk materials in vehicles constructed to prevent loss or segregation after loading and measuring. Store materials to facilitate prompt inspection. Materials will be subject to inspection and retesting before incorporation in the work in accordance with Subsection 106.03, “Samples, Tests, and Cited Specifications.”

When hauling equipment or material on the turnpike system, conduct the operation with the least possible interference to traffic. Exercise caution in all operations to ensure the convenience and safety of the traveling public. The Engineer will review construction traffic operations at the pre-construction conference.

The Authority will not permit vehicles hauling material to cross the median except at established approved detour crossovers. The Authority will only permit right turns for vehicles entering and exiting the mainline turnpike roadway. Utilize a county road overpass to cross the turnpike. Construct required ramps to and from the turnpike and the overpass.

Construct openings with an aluminum or steel gate with end posts on each side as approved by the Engineer. The Contractor shall close and lock gates when an opening is not in use. If opening a gate in the right-of-way, the Contractor shall lock or man the gate at all times. The Authority will permanently lock the gate if the Authority finds the gate unlocked or unmanned three times.

Ensure that vehicles entering the turnpike from a temporary, at-grade roadway come to a complete stop before entering traveled lanes. Erect a “STOP” sign at the point of entry onto the traveled lanes at no additional cost to the Authority.

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100-OTA(h-j) 19

Employ a flagman to control locations where trucks cross traffic. Provide “Prepare to Stop Ahead” signs and signs required by the latest version of the MUTCD. Repair damage to the shoulders or adjacent roads caused by construction equipment as approved by the Engineer at no additional cost to the Authority. The Authority will not permit trucks or heavy equipment on newly laid asphalt.

The Authority will allow the use of approved portions of the right-of-way for storing materials and the Contractor’s plant and equipment. Provide additional storage space as necessary at no additional cost to the Authority. Do not use private property for storage without prior written permission of the owner or lessee. If requested, provide copies of such written permission to the Engineer.

Restore storage and plant sites on the right-of-way to their original condition at no additional cost to the Authority.

J. Prosecution and Progress

Replace the paragraph in Subsection 108.04 with the following:

The Contractor shall perform construction operations to ensure the least interference with traffic, regarding the location of detours and the provisions for handling traffic. If the opening of a section of the project is essential to public convenience, the Engineer may direct the Contractor to finish that section of the project before starting another section or sections.

Do not conduct construction operations on any of the holiday periods listed below, without prior approval:

• New Year’s Day

• Memorial Day

• 4th of July

• Labor Day

• Thanksgiving Day, and

• Christmas Day.

Table 108:2 Non-Work Days for Holidays

Holiday Day of the Week Non-Work Days Monday Friday, Saturday, Sunday, Monday Tuesday Saturday, Sunday, Monday, Tuesday Wednesday Wednesday Thursday Thursday, Friday, Saturday, Sunday Friday Thursday, Friday, Saturday, Sunday Saturday Thursday, Friday, Saturday, Sunday Sunday Friday, Saturday, Sunday, Monday

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100-OTA(i-j) 19

K. Payments to Subcontractors

Replace Subsection 109.11, “Payments to Subcontractors” with the following:

The Authority establishes that, when criteria for payments are met, 30 calendar days is a reasonable time to make payment or release retainage, and requires that payment be made within that time. The 30 calendar day period for subcontracted work or materials and services provided will commence on the date the Contractor receives payment from the Authority for the work. If the Contractor holds retainage for subcontracted work or materials/services provided, the 30 calendar day period shall commence on the date that the Engineer determines that the subcontracted unit or portion of the Contract has been completed in accordance with Subsection 105.17, “Project Completion and Acceptance,” or the project is deemed complete by the Authority. Services provided to a Contractor for support of construction operations or as deemed necessary by the Contractor for upkeep of machinery or facilities used directly or indirectly for construction operations shall be paid within 30 calendar days of the last service provided. If payment is not made for work, material or services, or if retainage is not released within the required 30 calendar day period, the subcontractor will be entitled to make a formal written complaint to the Authority detailing the amounts and date due, and the work performed or material provided. The Authority will then institute a formal investigation and, if warranted, conduct a formal hearing. Upon a finding that the Contractor failed to perform in accordance with the terms of the Contract requirements, the Authority may impose sanctions as provided in Subsection 102.04, “Refusal of Proposals,” Subsection 102.14, “Rejection of Proposal,” or both.

A subcontractor may initiate a request for a determination that a subcontracted unit or portion of the Contract has been completed by making a written request for such determination to the Engineer, with a copy to the Contractor, as provided in Subsection 105.17, “Project Completion and Acceptance.” At the time the written request is made, the subcontractor shall have submitted to the Engineer required documentation including material certifications, payrolls, and other such documents as may be required to audit the completed work. If the Engineer, upon inspection, finds that a unit or portion of the Contract has been satisfactorily completed, the Engineer will report the fully audited final quantities to the Contractor and the subcontractor. Upon receipt from the Engineer of a determination that the subcontracted work is deemed complete, the audited final quantities and payment for those quantities, the Contractor shall release any retainage held within 30 calendar days. However, if the Contractor or Subcontractor working under the direction of the Contractor damages the work, the Contractor shall repair or replace the damaged work at no additional cost to the Authority to the satisfaction of the Contract requirements and the Engineer.

Failure of the Contractor to complete Contract work within the designated Contract Time or accumulation by the Contractor of deductions due to producing non-specification work may result in the assessment of negative progressive estimates representing the Authority’s overpayment to the Contractor for a given Contract period. The assessment of negative progressive estimates does not relieve the Contractor of the requirements for prompt payment of subcontractors and for timely release of retainage. However, if the subcontractor’s work is directly responsible for the liquidated damage or non-specification work deduction, such deduction may be assessed against that subcontractor. Amounts thereafter due to the subcontractor will be the balance owed for the work less the imposed deductions.

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100-OTA(j-j) 19

Payment disputes between the Contractor and subcontractors relating to allocation of chargeable Contract Time and any resultant Liquidated Damages, quantity or quality of items of work subject to a subcontract or other agreement shall be referred to a neutral alternative dispute resolution forum for hearing and decision with the costs for such mediation or arbitration to be shared equally by the parties. The Contractor shall include a clause in any subcontract notifying the subcontractor of their right to resolution of payment disputes through alternative dispute resolution mechanisms.

L. Character of Workers

Add the following to Subsection 108.05, “Character of Workers”:

The Contractor shall employ Oklahoma residents so as to constitute at least 90 percent of its labor force working on projects.

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CA000002

3-25-26

OKLAHOMA TURKPIKE AUTHORITY

BAMS/PES - PROPOSAL AND ESTIMATION SYSTEM

SPECIAL PROVISIONS - (A + B BIDDING)

CONTRACT ID: 230338

CONTRACT TIME ALLOTTED FOR THIS PROJECT IS 510 CALENDAR DAYS.

DISADVANTAGED BUSINESS ENTERPRISES REQUIRED PARTICIPATION (DBE) IS 0%.

MAXIMUM TIME ALLOWED “B” BID FOR SUBSTANTIAL COMPLETION IS 500 CALENDAR DAYS.

INCENTIVE/DISINCENTIVE RATE FOR THIS PROJECT IS $3,000 PER DAY.

MAXIMUM TIME FOR WHICH INCENTIVE WILL BE PAID IS 20 CALENDAR DAYS.

SPECIAL REQUIREMENTS FOR SUBSTANTIAL COMPLETION OF THIS PROJECT:

NOTICE

THE AUTHORITY WILL CONSIDER A PROPOSAL NONRESPONSIVE AND REJECT IT IN ACCORDANCE

WITH SUBSECTIONS 102.08 AND/OR 102.14 OF THE 2019 OKLAHOMA DEPARTMENT OF

TRANSPORTATION STANDARD SPECIFICATIONS. FOR DETAILS AND DESCRIPTIONS OF A+B PLEASE

SEE THE ATTACHED SPECIAL PROVISION 102-4.

PAGE 20 OF 98PROPOSAL ID : 230338

102-4(a-b) 19 2-3-21

OKLAHOMA TURNPIKE AUTHORITY

SPECIAL PROVISIONS

FOR

A + B BIDDING

(TRADITIONAL BID + INCENTIVE/DISINCENTIVE)

HEB-MC-65D, JP NO. 35317(04), COMANCHE AND COTTON COUNTY

These Special Provisions revise, amend, and where in conflict, supersede applicable sections of the 2019 Standard Specifications for Highway Construction.

The following provisions apply unless otherwise specified in Special Provision CA000002 or the Contract.

102.07 PREPARATION OF PROPOSAL (Add the following:)

Submit an A + B bid proposal for the construction of this project. The “A” portion of the bid will include a price for each unit listed on the schedule of pay items. The “B” portion of the bid will include the time required to achieve substantial completion of the project. The value of time bid (“B” Bid) will be used to compute the total bid (A+B) for the purpose of comparing bids received and for determining the lowest bid. The dollar value of the contract will reflect only the extended sum of the unit prices bid as the “A” portion of the bid.

The “B” portion of the bid will also establish the time allowed to achieve substantial completion of the project, and for purposes of computing incentive payments and disincentive damages. The time bid must be less than or equal to the maximum time authorized for the “B” bid for substantial completion of the project or the bid will be considered non-responsive.

A. Contract Administration

“B” Time will be assessed against the Contract and administered in accordance with the terms specified in Special Provision CA000002 of the contract documents.

“B” Time will be assessed against the Contract from the time work commences, or from the Effective Date of the Notice to Proceed, whichever is earlier. The time bid (“B” Bid) will be administered in accordance with Subsection 108.08, “Incentive/Disincentive for Early/Late Completion.” The time bid (“B” Bid) to substantially complete the project includes all working and non-working days, weekends, special events, holidays, normal adverse and unusually adverse weather days, and lost time resulting from such weather conditions. Claims for delay or lost time will be considered by the Engineer on the basis of actual delay, and adjustments to the contract time or the “B” Bid may be made as appropriate for purposes of calculating incentive and disincentive payments. In order to consider any delay it must be shown to affect the critical path of the project schedule. Unusually severe weather days may be recognized only for the purpose of identifying time not subject to liquidated damages, unless these delays are the result of a natural disaster as declared by the State or Federal Government. Disincentive charges will continue to be assessed until substantial completion is achieved.

The time required by the Engineer for performing normal inspections, testing and review duties shall be considered as included in the time bid. Every effort will be made by the Engineer to perform normal inspection testing and review in a manner which will not delay work progress.

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102-4(b-b) 19 2-3-21

(1) Incentive Payments

Incentive payments will be administered in accordance with Subsection 108.08, “Incentive/Disincentive for Early/Late Completion.”

(2) Disincentive Assessments

Deductions for disincentives, including liquidated damages, will be assessed in accordance with Subsection 108.08, “Incentive/Disincentive for Early/Late Completion.”

Liquidated damages will be charged effective one minute following the expiration of the contract time and will continue until the project is completed. Liquidated damages will be assessed in addition to the disincentive assessment, if applicable, and will be charged against each progressive estimate until completion is achieved.

B. Schedule

Prepare and submit a Critical Path Method (CPM) analysis in accordance with Subsection 108.03.B within 30 days of the award of the contract. Submit any revisions made to the original schedule to the Engineer. Upon request, but no more than once every 30 days, prepare and submit CPM updates to the Engineer. Include costs of preparing and maintaining the CPM in other items of pay.

C. Definitions

(1) “A” Bid - the sum of the unit prices bid multiplied by the unit quantities as reflected in the schedule of prices in the bid proposal.

(2) “B” Bid - the product of the unit of time bid to achieve substantial completion of the project multiplied by the disincentive/incentive rate specified in the bid proposal.

(3) Incentive Rate - the rate assigned for each unit of time for construction of the project. An incentive will be earned for the time the project is substantially complete prior to the expiration of the time bid, “B” Bid, not to exceed the maximum time specified in the bid proposal.

(4) Disincentive Rate - a rate equal to the incentive rate that will be assessed for the time in excess of the time bid, “B” Bid, required to achieve substantial completion.

(5) Substantial Completion - substantial completion is as defined in Subsection 105.17.A of the Standard Specifications, and Special Provision CA000002 of the contract documents, and includes as a minimum, if such features are included in the project plans, all bridges, pavement structure, shoulder, drainage, retaining wall, permanent signing and markings, traffic signals, traffic barrier, safety appurtenances, utility and lighting work. Where in conflict, the requirements of CA000002 will govern.

PAGE 22 OF 98PROPOSAL ID : 230338

102-13(a-b)19 11/20/2020

OKLAHOMA DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISION

FOR

BIDDING PROCEDURES

These special provisions amend and where in conflict, supersede applicable sections of the 2019 Standard Specifications for Highway Construction, English and Metric.

102.07 PREPARATION OF PROPOSAL (Revise to amend as follows:)

Submit the Proposal in the format required by the Bid Notice. For each item on the Proposal Forms, type or write (in ink) the unit price and the product of the unit price and estimated quantity on the Proposal Forms in the space provided. Show the total Proposal amount by adding the products of the unit prices and the estimated quantities. Acknowledge any change to a unit price, the product of a unit price and quantity, or the total Proposal amount with the initials of the person signing the Proposal, adjacent to each change.

If a discrepancy occurs on the Proposal, between the unit price and the product of the unit price and quantity, the Department will use the unit price. If a unit price or the product of a unit price and quantity is omitted or is entered as zero ($0) for any item listed on the Proposal Forms, the Department will consider the Proposal non-responsive and will reject the Proposal. If there is a discrepancy between the submitted electronic media and written Proposal, the Department will use the written Proposal. If the Department requires a printout of electronic media and a discrepancy occurs between the printout and the electronic media, the Department will use the printout.

An individual, all members of a partnership, a duly authorized officer of a corporation, or all members of a joint venture shall sign the Proposal in black or blue ink. For Proposals submitted by a corporation, show the name of the corporation and business address. For Proposals submitted by the internet bidding process, the Department will require an electronic signature only. Include a Non-Collusive Bidding Certification with the Proposal in accordance with Subsection 102.16, “Non- Collusive Bidding Certification.”

102.08 NONRESPONSIVE PROPOSALS (Revise to amend as follows:)

The Department will consider a proposal nonresponsive and may reject it for any of the following reasons:

• The bidder submits a Proposal on an unapproved form (or format, if computer-generated), or the form is altered, incomplete, or disassembled.

• The bidder submits a Proposal using a form other than the latest approved Proposal Form.

• The Department determines that Proposal irregularities (such as unauthorized additions and

PAGE 23 OF 98PROPOSAL ID : 230338

102-13(b-b)19 11/20/2020 conditional or alternate bids) may tend to make the Proposal incomplete, indefinite, or ambiguous.

• The Proposal does not contain a unit price for each item listed, except for authorized alternate items.

• The Proposal is materially unbalanced in accordance with Subsection 101.05.CT.2

• The Proposal is not properly signed.

• The Proposal is not typed or completed in ink.

• The bidder fails to provide a properly executed Proposal Guaranty, or irrevocable Letter of

Credit.

• The bidder fails to sign the unsworn statement made under penalty of perjury.

• The Proposal fails to comply with any material requirement of the Bid Notice.

• The bidder fails to properly comply with Disadvantaged Business Enterprise Requirements or to properly list eligible disadvantaged businesses if participation in accordance with the Proposal Forms.

PAGE 24 OF 98PROPOSAL ID : 230338

107-12(a-b) 19 1-10-20

OKLAHOMA DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

FOR

FEDERAL AVIATION REGULATIONS

These special provisions amend and where in conflict, supersede applicable sections of the 2019 Standard Specifications for Highway Construction, English and Metric.

107.01 LAWS, RULES, AND REGULATIONS TO BE OBSERVED (Add the following:)

Due to the proximity to the Lawton Municipal Airport, the Contractor is responsible for compliance with Federal Aviation Administration Regulations governing construction and alterations.

File FAA Form 7460-1 with the Federal Aviation Administration if any equipment used in construction (such as a temporary crane) exceeds the height of an imaginary surface extending outward and upward at 100:1 from the nearest point of the nearest runway at the Lawton Municipal Airport. Exceptions to this filing requirement may apply under certain situations as noted in the attached instructions under §77.15 (Construction or Alteration Not Requiring Notice). If required, submit the completed FAA Form 7460-1 to the following address, and provide one copy of the submitted FAA Form 7460-1 to the Engineer.

Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Service, AJR-322 2601 Meacham Boulevard Fort Worth, TX 76193

§77.15 - Construction or Alteration Not Requiring Notice.

No person is required to notify the Administrator for any of the following construction or alteration:

(a) Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.

(b) Any antenna structure of 20 feet or less in height except one that would increase the height of another antenna structure.

(c) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Administrator, or an appropriate military service on military airports, the location and height of which is fixed by its functional purpose.

(d) Any construction or alteration for which notice is required by any other FAA regulation.

PAGE 25 OF 98PROPOSAL ID : 230338

107-12(b-b) 19

OKLAHOMA DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

FOR

FEDERAL AVIATION REGULATIONS

These special provisions amend and where in conflict, supersede applicable sections of the 2019 Standard Specifications for Highway Construction, English and Metric.

107.01 LAWS, RULES, AND REGULATIONS TO BE OBSERVED (Add the following:)

Due to the proximity to the Jerry-Wright Airport, the Contractor is responsible for compliance with Federal Aviation Administration Regulations governing construction and alterations. File FAA Form 7460-1 with the Federal Aviation Administration if any equipment used in construction (such as a temporary crane) exceeds the height of an imaginary surface extending outward and upward at 100:1 from the nearest point of the nearest runway at the Jerry-Wright Airport. Exceptions to this filing requirement may apply under certain situations as noted in the attached instructions under §77.15 (Construction or Alteration Not Requiring Notice). If required, submit the completed FAA Form 7460-1 to the following address, and provide one copy of the submitted FAA Form 7460-1 to the Engineer.

Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Service, AJR-322 2601 Meacham Boulevard Fort Worth, TX 76193

§77.15 - Construction or Alteration Not Requiring Notice.

No person is required to notify the Administrator for any of the following construction or alteration:

(a) Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.

(b) Any antenna structure of 20 feet or less in height except one that would increase the height of another antenna structure.

(c) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Administrator, or an appropriate military service on military airports, the location and height of which is fixed by its functional purpose.

(d) Any construction or alteration for which notice is required by any other FAA regulation.

PAGE 26 OF 98PROPOSAL ID : 230338

108-23(a) 19

OKLAHOMA DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

FOR

FLEXIBLE NOTICE TO PROCEED

These Special Provisions revise, amend, and where in conflict, supersede applicable sections of the 2019 Standard Specifications for Highway Construction, English and Metric.

108.03 PROSECUTION AND PROGRESS (Add the following:)

The Notice to Proceed for this project will be issued in the normal time period (approximately 30 days after the award). The Contractor may begin work any time after the issuance of the Notice to Proceed, but no later than September 14, 2026. Time charges will begin on the date the Contractor begins work, or at the date specified in the Notice to Proceed, and will continue until the project is completed. Once the work begins, construction is expected to continue at an optimum rate until the work is done.

Notify the Resident Engineer, and when applicable the County Commissioner, at least 14 calendar days prior to beginning work.

There will be no additional compensation for any increased costs due to beginning work at or near the end of the flexible period.

PAGE 27 OF 98PROPOSAL ID : 230338

108-80(a) 19 1-19-23

OKLAHOMA DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

FOR

LIQUIDATED DAMAGES

These Special Provisions revise, amend, and where in conflict, supersede applicable sections of the 2019 Standard Specifications for Highway Construction.

108.09 FAILURE TO COMPLETE ON TIME (Revise Table 108:1 as follows:)

Table 108:1 Schedule of Liquidated Damages

Contract Amount, $ Daily Assessment Rate, $

# $200,000 $300 >$200,000 and #$1,000,000 $800

>$1,000,000 and #$5,000,000 $1,000 > $5,000,000 and #$10,000,000 $1,300

> $10,000,000 $1,800

PAGE 28 OF 98PROPOSAL ID : 230338

108-182(a) 19

OKLAHOMA DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

FOR

70% SUBLETTING OF CONTRACT

These Special Provisions revise, amend, and where in conflict, supersede applicable sections of the 2019

Standard Specifications for Highway Construction.

108.01 SUBLETTING OF CONTRACT (Replace paragraph one with the following:)

The Department will not allow the Contractor to sublet, sell, assign, or otherwise dispose of the Contract, or any portion thereof, or any of the Contractor's rights, title, or interest therein without the written or electronic consent of the State Construction Engineer or an authorized representative.

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