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 260133

CALL ORDER 825

TO BE LET ON

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

STANDARD PROPOSAL

BIDX WILL BE ACCEPTED.

TEXAS COUNTY

FEDERAL AID PROJECT

JOINT SEAL/REPAIR

SH-3: OVER PALO DURO CREEK, 10.78 MILES WEST

OF THE US-83 INTERSECTION NEAR HARDESTY.

PROJECT LENGTH = 0.00 MILES

NHPP-017N(319)PM, 26974(13)

BUY AMERICA AND BUILD AMERICA, BUY AMERICA REQUIREMENTS APPLY, HOWEVER,

FOR ANY APPLICABLE WAIVERS PLEASE REVIEW SPECIAL PROVISION 106-5 (8-20-25)

CONTRACT TIME ESTIMATED FOR PROPOSAL IS 60 CALENDAR DAYS

FLEX START - SEE SPECIAL PROVISION 108-23

THE DBE GOAL IS ZERO FOR THIS PROPOSAL.

CREATION OF THIS DOCUMENT WAS ON MONDAY, MARCH 23, 2026 AT 9:40 AM.

CREATED: 3/23/2026 9:40 AM

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

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 Department within ten(10) working days from the date of award. The Department 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: 825 NHPP-017N(319)PM SH-3 TEXAS JP No.26974(13)

JOINT SEAL/REPAIR

SH-3: OVER PALO DURO CREEK, 10.78 MILES WEST OF THE US-83 INTERSECTION

NEAR HARDESTY.

STATE OF OKLAHOMA, OKLAHOMA DEPARTMENT OF TRANSPORTATION - By: TIM J. GATZ, Director.

PAGE 1 OF 80PROPOSAL ID : 260133

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 60 CALENDAR DAYS

NOTICE

THE DEPARTMENT 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 80PROPOSAL ID : 260133

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

SHEET 1 OF 2

LINE ITEM DESCRIPTION APPROX. QTY UNIT PRICE BID AMOUNT

UNITS DOLLARS CTS DOLLARS CTS

SECTION 0001 BRIDGE "A" NBI# 22095

0010 513(B)4300

CLASS B BRIDGE DECK REPAIR

10.000 SY

0020 518(C)0400

RAPID CURE JOINT SEALANT

261.000 LF

0030 535 7100

CORROSION INHIBITOR(SURFACE

APPLIED)

38.000 SY

0040 540 8120

(PL)REPAIR BRIDGE ITEM (TYPE A)

4.000 EA

SECTION 0001 SUB TOTAL

SECTION 0002 TRAFFIC CONTROL

0050 823 6100

(SP)PORTABLE TRAFFIC SIGNAL

SYSTEM

60.000 SD

0060 871(B)2300

CONST.ZONE IMPACT ATTEN.

120.000 SD

0070 877(B)4300

DELIVER PORTABLE LONGITUDINAL

BARRIER

1,362.500 LF

0080 877(C)4400

RELOCATION OF PORT. LONGITUDINAL

BARRIER

1,362.500 LF

0090 880(B)6300

CONSTRUCTION SIGNS 0 TO 6.25 SF

528.000 SD

0100 880(B)6310

CONSTRUCTION SIGNS 6.26 SF TO 15.99

SF

132.000 SD

0110 880(B)6320

CONSTRUCTION SIGNS 16.0 SF TO 32.99

SF

528.000 SD

0120 880(E)6607

WARNING LIGHTS(TYPE B)

792.000 SD

0130 880(E)6616

WARNING LIGHTS(TYPE D)

1,518.000 SD

PAGE 3 OF 80PROPOSAL ID : 260133

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

SHEET 2 OF 2

LINE ITEM DESCRIPTION APPROX. QTY UNIT PRICE BID AMOUNT

UNITS DOLLARS CTS DOLLARS CTS

0140 880(F)6700

DRUMS

1,518.000 SD

0150 880(G)6805

CHANNELIZER CONES

3,036.000 SD

SECTION 0002 SUB TOTAL

SECTION 0003 CONSTRUCTION

0160 641 2100

MOBILIZATION

1.000 LSUM

SECTION 0003 SUB TOTAL

TOTAL

PAGE 4 OF 80PROPOSAL ID : 260133

D E P A R T M E N T O F T R A N S P O R T A T I O N

I N D E X O F P R O V I S I O N S FOR JPN(s) : NHPP-017N(319)PM, 26974(13)

TEXAS COUNTY

PROPOSAL DOCUMENTS

OK20260021 WAGE DECISION

PROPOSAL PROVISIONS

102-013(a-b)19 BIDDING PROCEDURES 103-003(a)19 SUBCONTRACTS 106-005(a-e)19 BUY AMERICA AND BUILD AMERICA, BUY AMERICA 108-023(a)19 FLEXIBLE NOTICE TO PROCEED 108-080(a)19 LIQUIDATED DAMAGES 109-014(a)19 MATERIAL ON HAND 109-015(a-c)19 PROMPT PAYMENT FOR SUBCONTRACTORS 823-001(a)19 TEMPORARY TRAFFIC SIGNALS

CF000050 REPORTING OF BID RIGGING

CF000101 TITLE VI - NON-DISCRIMINATION CLAUSE

CF000200 RESIDENCE REQUIREMENTS FOR LABOR ON FEDERAL AID PROJECTS

PROJECTS

CF000501 CERTIFICATION FOR FEDERAL-AID CONTRACTS

CF000800 NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION

CF000900 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

SPECIFICATIONS

CF001000 ON-THE-JOB TRAINING (OJT) PROGRAM

CF001700 CONTRACTORS AFFIDAVIT

CX00210B DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

CZ002300 CONTRACT DISPUTE RESOLUTION PROCEDURE

CZ002850 NO.2 PROPOSAL SHEET

CZ002975 * BIDDER'S AFFIDAVIT - STATEMENT UNDER PENALTY OF PERJURY

FHWA1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION

CONTRACTS

PAGE 5 OF 80PROPOSAL ID : 260133

"General Decision Number: OK20260021 01/02/2026

Superseded General Decision Number: OK20250021

State: Oklahoma

Construction Type: Highway

Counties: Alfalfa, Beaver, Blaine, Cimarron, Dewey, Ellis, Garfield, Grant, Harper, Kay, Kingfisher, Major, Noble, Payne, Texas, Woods and Woodward Counties in Oklahoma.

HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction;

bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction;

and other major bridges).

Modification Number Publication Date 0 01/02/2026

SUOK2011‐008 04/18/2011

Rates Fringes

CARPENTER (Excludes Form Work)...$ 13.32

CEMENT MASON/CONCRETE FINISHER

Garfield County.............$ 13.14 Kay County..................$ 14.59 Payne County................$ 13.18 Remaining Counties..........$ 14.09

FORM WORKER......................$ 12.55

GUARDRAIL INSTALLER (Includes Guardrail/Post Driver Work)......$ 9.70

IRONWORKER, REINFORCING..........$ 13.63

LABORER

Air/Power Tool Operator (Includes Handheld Concrete Saws and Chipping Guns).......................$ 12.79 Asphalt Raker and Shoveler..$ 11.18 0.64 Common or General Alfalfa and Kay Counties...$ 10.50

PAGE 6 OF 80PROPOSAL ID : 260133

Dewey County...............$ 10.42 Ellis County...............$ 10.87 Garfield County............$ 11.05 Grant County...............$ 10.65 Harper County..............$ 10.09 Major County...............$ 10.56 Noble County...............$ 10.77 Payne County...............$ 10.49 Remaining Counties.........$ 10.57 Texas County...............$ 10.83 Woods County...............$ 10.30 Pipelayer...................$ 11.83 Traffic Control (Includes Flagger, Setting Up and Moving Cones/Barrels).......$ 10.12 Vibrating Plate.............$ 12.70

POWER EQUIPMENT OPERATOR:

Asphalt Paver Screed........$ 13.38 Asphalt Paving Machine......$ 12.71 Asphalt Plant...............$ 14.70 Backhoe/Trackhoe Kay County.................$ 13.43 Remaining Counties.........$ 13.61 Bobcat/Skid Loader..........$ 12.87 Broom.......................$ 11.72 Bulldozer...................$ 13.95 Concrete Paving Machine.....$ 14.42 Concrete Saw................$ 12.46 Crane.......................$ 16.88 Distributor Truck...........$ 14.98 Excavator...................$ 16.19 Grader/Blade Remaining Counties.........$ 14.82 Woods County...............$ 16.45 Loader (Front End)..........$ 12.82 Mechanic....................$ 15.79 Milling Machine.............$ 13.51 Mixer.......................$ 14.56 Oiler.......................$ 13.84 Roller (Asphalt)............$ 11.76 Roller (Dirt Compaction)....$ 12.12 Rotomill....................$ 17.33 Scraper.....................$ 12.00 Striping Machine............$ 12.11 Tractor/Box Blade...........$ 12.61 Transfer Material Machine...$ 12.38 0.75 Trencher....................$ 14.66

TRUCK DRIVER

PAGE 7 OF 80PROPOSAL ID : 260133

Concrete Truck..............$ 14.22 Dump Truck..................$ 13.17 Flatbed Truck...............$ 14.68 Lowboy/Float................$ 16.00 Off the Road Truck..........$ 12.55 Single Axle Truck (Includes Pilot Car)........$ 12.32 Straight Truck..............$ 15.92 Tandem Axle/Semi Trailer Grant County...............$ 15.16 Kay County.................$ 13.36 Remaining Counties.........$ 13.57 Texas County...............$ 13.26 Woods County...............$ 13.05 Water Truck Remaining Counties.........$ 12.00 Woods County...............$ 15.88

WELDERS ‐ Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government‐contracts.

Note: Executive Order 13658 generally applies to contracts subject to the Davis‐Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis‐Bacon Related Acts regardless of when they were awarded.

If a contract is subject to Executive Order 13658, the

PAGE 8 OF 80PROPOSAL ID : 260133

contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four‐letter identifier beginning with characters other than ""SU"", ""UAVG"", "SA", or "SC" denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198‐005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for

PAGE 9 OF 80PROPOSAL ID : 260133

the classifications reflected union rates. EXAMPLE:

UAVG‐OH‐0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The ""SU"" identifier indicates that either a single non‐union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non‐union rates. Example: SUFL2022‐007 6/27/2024. SU indicates the rate is a single non‐union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

"SU" wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)‐(h). Example: SAME2023‐007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the "SA" identifier took effect under state law in the state from which the rates were adopted.

PAGE 10 OF 80PROPOSAL ID : 260133

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination

On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD‐Office@dol.gov or by mail to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and any information (wage payment

PAGE 11 OF 80PROPOSAL ID : 260133

data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210.

END OF GENERAL DECISION

PAGE 12 OF 80PROPOSAL ID : 260133

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 13 OF 80PROPOSAL ID : 260133

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 14 OF 80PROPOSAL ID : 260133

103-3(a) 19

6-8-20

OKLAHOMA DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

FOR

SUBCONTRACTS

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

Standard Specifications for Highway Construction.

(Add the following:)

103.10 SUBCONTRACTS

Subcontracts and/or sub-agreements must be submitted for review and approval by the Department prior to the subcontractor performing contract work. Ensure all subcontracts conform to the requirements of

Subsection 108.01, “Subletting of Contract,” and are executed in accordance with the Contract requirements and the provisions specified herein.

As a minimum, the following information must be included in all subcontracts:

• Full description of the contract work to be performed by the subcontractor

• Contractor Equal Employment Opportunity (EEO) Policy Statement (see ODOT General Contractor

Requirements – Development and Dissemination of EEO Policy)

• Form FHWA-1273 (must be physically attached verbatim to subcontracts, excluding purchase orders, rental agreements and other agreements for supplies or services)

• ODOT Title VI Assurances Appendices A and E (must be physically attached verbatim)

• Prompt Payment/Return of Retainage provisions (from the ODOT DBE Program Manual)

• Signature(s) of the prime contractor and subcontractor

If the subcontract is with a subcontractor performing work as an ODOT certified DBE, then the following additional information must be included in the submitted subcontract:

• Full description of the contract work that the certified DBE will perform based upon their NAICS code

• DBE Termination/Substitution/Replacement Clause (from the ODOT DBE Program Manual)

The aforementioned subcontract documents can be downloaded from the ODOT website, and are available for the Contractors’ use: http://www.odot.org/subcontracts.

Purchase orders, rental agreements and other agreements for supplies or services related to a construction contract are excluded from this requirement only if the purchase order or other agreement is not with a DBE.

However, Prompt Payment/Return of Retainage provisions must still be included.

Submit executed subcontracts and/or sub-agreements in pdf format to the Department using the following email address: constructionsubcontracts@odot.org. Submit all additional and/or modified subcontracts or sub-agreements to the Department via the same email address. To prevent delays in the approval of the subcontract, include the following information in all correspondence: contract I.D., project number, prime contractor, and subcontractor.

Subcontracts and sub-agreements may be submitted prior to the receipt of the signed Contract by the

Department.

PAGE 15 OF 80PROPOSAL ID : 260133

https://www.ok.gov/odot/Doing_Business/Civil_Rights/Contractor_Compliance_-_Construction.html mailto:

106-5(a-e) 19 8-20-25

OKLAHOMA DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

FOR

BUY AMERICA AND BUILD AMERICA, BUY AMERICA

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

106.01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS (Replace with the following :)

B. Buy America and Build America, Buy America

Buy America (BA) and Build America, Buy America (BABA) requirements are in effect only on projects with federal aid risk, as identified in the contract documents. The Contractor is responsible for submitting completed Material Data Testing (MDT-1) form in accordance with Section 106.01(B)(1) regardless of the BA/BABA requirements.

An article, material, or supply should only be classified into one of the following categories: (1) iron or steel products, (2) construction material, (3) manufactured products, or (4) excluded material. An article, material, or supply should not be considered to fall into multiple categories, except as otherwise provided in Subsection 106.01.B(4)(b)(2). A material is solely classified based on its status at the time it is brought to the worksite.

Except as otherwise provided in Subsection 106.01.B(4)(b)(2) of this special provision, an article, material, or supply shall not be considered to fall into multiple categories. In some cases, an article, material, or supply may not fall under any of the above-listed categories. The classification of an article, material, or supply as falling into one of the categories listed in this paragraph must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron or steel product or manufactured product will be incorporated.

(1) Iron and/or Steel Products

Comply with the Buy America provisions of 23 CFR 635.410 which states that all manufacturing processes, including the application of a coating, for all steel or iron products permanently incorporated into the project shall have occurred in the United States (U.S.).

“All manufacturing processes” are defined as any process required to change the raw ore or scrap metal into the finished steel or iron product (e.g. smelting, rolling, extruding, bending, etc.).

“Coating” is defined as any process which protects or enhances the value of the steel or iron product to which the coating is applied (e.g. epoxy, galvanizing, painting, etc.).

The Contractor is responsible for submitting completed Material Testing Data (MDT-1) for the iron and steel in following items for all projects, regardless of the BA/BABA requirements:

• Precast box culverts

• Reinforced concrete pipe and precast end sections

• Precast inlets and catch basins

• Precast manholes

• Structural steel (girders, diaphragms, anchor bolts, high-strength bolts, sealed expansion joints, etc.)

• Reinforcing steel (all types)

• Welded wire fabric

• Steel spiral wire (drilled shaft cages, bridge rail, etc.)

• Steel piling

PAGE 16 OF 80PROPOSAL ID : 260133

106-5(b-e) 19

• Drill shaft casing (permanent)

• Dowel bars and baskets for paving

• Steel sheet piling (permanent)

• Bridge bearing assemblies (fixed and expansion)

• Post-tensioning steel (strands, wedges, anchor plates, etc.)

• Steel monotube structures

• Galvanized steel supports for overhead and cantilevered sign structures

• Sign posts and bases (all sizes)

• Guardrail, guardrail posts, end sections, terminals, impact attenuators

• Intelligent transportation system or other electronic hardware system cabinets

(2) Waiver for Iron and Steel Raw Materials

The BA/BABA requirements for the following raw materials are waived in accordance with the FHWA nationwide waiver (dated March 24, 1995) for pig iron and processed, pelletized, and reduced iron ore, 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:

• Raw materials (iron ore or alloys)

• Scrap

• Pig iron

• Processed, pelletized, and reduced iron ore material

For recycled steel, only the manufacturing processes to produce steel products must occur domestically, beginning at the point where the recycled steel is melted.

(3) Minimal Use Request for Steel and Iron

Federal regulations allow a minimal use of foreign steel or iron if the cost of the steel and iron products as they are delivered to the project does not exceed 0.1 percent of the total Contract amount, or $2,500, whichever is greater. This threshold applies to the cumulative amount of all foreign steel and iron used on the project. The Contractor must track the amount of incorporated foreign steel and iron throughout the life of a project to ensure the minimal use threshold amount is not exceeded.

(4) Construction Materials

Comply with the Build America, Buy America (BABA) Act of 2 CFR 184. The following construction materials as defined in 2 CFR 184.3 must be manufactured in the United States of America. This means that all manufacturing processes for the construction material occurred in the United States of America.

• Non-ferrous metals

• Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables)

• Glass (including optic glass)

• Fiber optic cable (including drop cable)

• Optical fiber

• Lumber

• Engineered wood

• Drywall

For non-ferrous metals, certification requires all manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States.

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106-5(c-e) 19

For plastic and polymer-based products, certification requires all manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States.

For glass, certification requires all manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States.

For fiber optic cable (including drop cable), certification requires all manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others.

For optical fiber, certification requires all manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States.

For lumber, certification requires all manufacturing processes, from initial debarking through treatment and planning, occurred in the United States.

For engineered wood, certification requires all manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States.

For drywall, certification requires all manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States.

(5) Manufactured Products

Manufactured products used and permanently incorporated in this project must be produced in the United States. Manufactured products will comply with the Buy America requirements of 23 CFR 635.410 with the following modifications:

(a) Produced in the United States, in the case of manufactured products, means the product was manufactured in the United States. FHWA further clarifies that this means the final assembly must occur in the United States.

(b) Classification of Precast Concrete Products and Electronics Cabinets

(1) With respect to precast concrete products that are classified as manufactured products, components of precast concrete products that consist wholly or predominantly of iron or steel, or a combination of both, shall also meet the requirements of Subsection 106.01.B(1), “Iron and/or Steel Products.” The cost of such components shall be included in the applicable calculation for purposes of determining whether the precast concrete product is produced in the United States.

(2) With respect to intelligent transportation systems and other electronic hardware systems that are installed in the highway right of way or other real property and classified as manufactured products, the cabinets or other enclosures of such systems that consist wholly or predominantly of iron or steel, or a combination of both, shall also meet the requirements of Subsection 106.01.B(1), “Iron and/or Steel Products.” The cost of cabinets or other enclosures shall be included in the applicable calculation for purposes of determining whether systems referred to in the preceding sentence are produced in the United States.

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106-5(d-e) 19

(6) Application of BA/BABA Requirements

BA/BABA requirements only apply to steel, iron, construction materials and manufactured products that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, removed at or before completion of the project. BA/BABA does not apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished project, but are not an integral part of or permanently affixed to the structure.

(7) USDOT de Minimis Costs and Small Grant Waiver for Construction Materials and Manufactured Products

If the total value of the non-compliant construction materials and manufactured products is no more than the lesser of $1,000,000 or 5% of total applicable project costs, BA/BABA does not apply for those products. Iron and steel are still subject to minimal use in accordance with 23 CFR 635.410(b)(4) and 106.01.B(3), “Minimal Use Request for Steel and Iron.” The total applicable project costs are defined as the cost of all materials, including iron, steel, manufactured products, and construction materials subject to BA/BABA requirements. The Contractor assumes the responsibility of tracking the costs of the materials and providing the certification for the waiver if applicable.

For projects identified by the Department as small grants with federal awards less than $500,000, BA/BABA requirement is waived for all materials.

(8) Compliance with BA/BABA Requirements

The Contractor assumes the risk of including any foreign materials including iron, steel, construction materials, and manufactured products that are not exempt in the Contractor's bid.

The Contractor has the obligation to remove and replace non-Buy America complaint material that exceeds minimal threshold, unless a waiver is granted for the use. No claims for contract adjustment (additional time, money, or both) will be made because of the non-complaint material.

After work is completed on the project, submit a list of items in compliance with the Buy America (BA) Act and the Build America, Buy America (BABA) Act. The list shall include all materials permanently incorporated into the project, with a designation indicating whether the item is an iron or steel product, a construction material, a manufactured product, or an excluded other product. In addition to the list, submit a notarized or electronically verified certification signed by the Contractor's authorized agent to the Engineer, with the following information:

“I hereby certify that all construction materials furnished to the Oklahoma Department of Transportation for the construction of the above referenced project that are required to be compliant with the the Build America, Buy America (BABA) Act provision of 2 CFR 184 have been manufactured in the United States of America. I further certify that all supporting documentation is on file and will be maintained for a period of three (3) years after project completion.”

“I also hereby certify that all manufacturing processes of all steel and iron products permanently incorporated into this Oklahoma Department of Transportation referenced project, including protective coating, occurred in the USA and are in accordance with 23 CFR 635.410.”

"I also hereby certify that all manufactured products permanently incorporated into this Oklahoma Department of Transportation reference project were produced in the United States of America, in accordance with 23 CFR Part 635.410( c). I further certify that all supporting documentation is on file and will be maintained for a period of three (3) years after project completion.”

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106-5(e-e) 19

The Contractor may maintain this documentation electronically or in paper format. Upon request, the Department, or FHWA, may review the Contractor's supporting documentation to verify compliance with the Buy America provisions at any time. The Contractor shall provide the supporting documentation within five (5) business days of the request. The burden of proof to meet the Buy America provisions rests on the Contractor. If the supporting documentation does not undeniably demonstrate to the Department, or FHWA, that the iron or steel, manufactured products, or construction materials identified in the Certificates of Compliance were produced in the United States of America, then such iron, steel, manufactured products, or construction materials will be considered unacceptable and must be replaced at no cost to the Department.

The Contractor shall not anticipate that any Buy America Preference provisions will be waived.

PAGE 20 OF 80PROPOSAL ID : 260133

108-23(a) 19 1-10-20

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 October 5, 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 21 OF 80PROPOSAL ID : 260133

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 22 OF 80PROPOSAL ID : 260133

109-14(a) 19 6-6-23

OKLAHOMA DEPARTMENT OF

TRANSPORTATION SPECIAL PROVISIONS

FOR

MATERIAL ON HAND

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

109.07 PAYMENT FOR MATERIAL ON HAND (Add the following:)

By way of these provisions, the Department hereby suspends the storage requirements associated with payments for material on hand, as required per section 109.07 of the Standard Specifications, and superseded on some contracts by Special Provision 109-11(a)09. All other requirements for the payment of material on hand will be enforced as specified in the aforementioned specifications and provisions.

Requests for payment that are deemed unreasonable by the Engineer will not be considered.

PAGE 23 OF 80PROPOSAL ID : 260133

109-15(a-c) 19 9-18-23

OKLAHOMA DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

FOR

PROMPT PAYMENT FOR SUBCONTRACTORS

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

(Add the following:)

109.11 PAYMENT TO SUBCONTRACTORS

The Department will monitor payments made by Contractors and Subcontractors for compliance with 49 CFR 26.29. To facilitate this monitoring, the Department requires Contractors to report payments made to Subcontractors, and Subcontractors should report payments received from Contractors.

A. AASHTOWare Project Civil Rights & Labor (CRL)

(a) Data Reporting

Unless otherwise directed, submit payments made to subcontractors, suppliers, and manufacturers through AASHTOWare Project Civil Rights & Labor (CRL) software.

(b) System Requirements

The CRL system is web based and configured for Google Chrome. The Department does not ensure or support compatibility with other web browsers.

(c) System Accessibility and Security

Submit a "Vendor Access Form" for each Contractor designee and Subcontractor designee who requires access to the CRL system for the purpose of entering payment information. Only Contractors and Subcontractors who have a contract in the CRL system should submit the access form. The Department will provide each designee with a unique log-in identification (ID) and password. There is no fee to receive a log-in ID or to access the system.

Upon award of a construction contract, the respective Contractor designee(s) and Subcontractor designee(s) will be provided access only to contracts within the CRL system to which the Contractor and Subcontractor are associated. The software is configured so that each contractor will only be able review and provide information specific to their respective contract(s).

Once registered in the CRL system, a single user account can be used to access multiple contracts for the purpose of reporting payment information. The confidentiality of the account and the accuracy of information entered into the CRL system is the responsibility of the account owner.

The Department is not responsible for the accuracy of information entered by a valid user account.

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109-15(b-c) 19

Account users are therefore encouraged not to share IDs or passwords.

B. RESPONSIBILITY

(a) Contractors

Enter and submit payments through CRL within 15 days that a payment has been made. Record payments made to all Subcontractors that have been approved by the Department. The verification must include:

1. The name of the payee;

2. The dollar amount of the payment to the payee;

3. The date the payee was paid;

4. The retainage or other amount withheld (if any), and the reason for the withholding.

(b) Subcontractors

The Subcontractors should verify payments through CRL within 5 days that a payment has been received. The verification should include:

1. Whether the payment was received, and if so,

a. The dollar amount of the payment received;

b. The date the payment was received.

2. Reason and documentation (if any) disputing the payment amount.

(c) CRL System Entry

The Department considers an electronic entry into the CRL system the same as the physical submission of paperwork.

If CRL system entries are not categorized as 'Under Agency Review' or 'Reviewed' at the time of the estimate, they will be considered as "Incomplete."

C. TRAINING

The Department will provide training for entry of Subcontractor payments in CRL.

D. PROMPT PAYMENT NONCOMPLIANCE

The Department, at its discretion, may impose one or more of the following administrative remedies upon the Contractor when the Contractor fails to pay its Subcontractors in accordance with Subsection 109.11, "Payment to Subcontractors:"

• Suspension of processing all or portion of progressive estimates

• Suspension of work on the project

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109-15(c-c) 19

• Refusal to approve Subcontractor or material suppliers

• Contractor in default for breach of Contract

• Refusal to issue proposal

• Suspension of prequalification

• Contractor Debarment

• Other actions deemed appropriate by the Department

PAGE 26 OF 80PROPOSAL ID : 260133

823-1(a) 19 1-10-20

OKLAHOMA DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

FOR

TEMPORARY TRAFFIC SIGNALS

NHPP-017N(319)PM, JP NO. 26974(13), TEXAS COUNTY

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

(Add the following:)

823.01 DESCRIPTION

This work consist of furnishing portable traffic signal systems as shown on the Plans, or as required by the Engineer.

823.03 EQUIPMENT

Provide one portable traffic signal system consisting of two signal units capable of dual indication.

Include one additional signal unit to be held at the project site to replace a malfunctioning or damaged unit.

Maintain the system in good operating condition until the system is delivered to the specified destination.

The Engineer will deem the system to be in good operating condition prior to delivery and acceptance.

PAGE 27 OF 80PROPOSAL ID : 260133

OKLAHOMA DEPARTMENT OF TRANSPORTATION

BAMS/LAS - LETTING AND AWARD SYSTEM

SPECIAL PROVISIONS

CF000050 REPORTING OF BID RIGGING

NOTICE TO ALL BIDDERS

To report bid rigging activities call:

1-800-424-9071

The U.S. Department of Transportation (DOT) operates the above toll-free "hotline" Monday Through Friday, 8:00 a.m. to 5:00 p.m., eastern time.

Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities.

The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected.

PAGE 28 OF 80PROPOSAL ID : 260133

SPECIAL PROVISIONS

CF000101 TITLE VI - NON-DISCRIMINATION CLAUSE

07/12/10

During the performance of this Agreement, the Contractor, for itself, its assignees and successors in interest, agrees as follows:

1. Compliance with Regulations:

The Contractor shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation, 49 CFR, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination:

The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, age, national origin, disability/handicap, or income status, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate, either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment:

In all solicitations, either by competitive bidding or negotiation, made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, age, national origin, disability/handicap, or income status.

4. Information and Reports:

The Contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Oklahoma Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives.