Final specifications.pdf

TOC - Page 1 of 2

CONTRACT DOCUMENTS

AND

TECHNICAL SPECIFICATIONS

FOR THE

PAVED CHANNEL FROM WEST OF MAYBERRY ST. TO HOOVER ST.

(F-1812C)

FOR THE

CITY OF ENID

TABLE OF CONTENTS

SUMMARY OF WORK ........................................................................................................................................................................ 1.

SOLICITATION FOR BIDS .................................................................................................................................................................. 2.

PROPOSAL .............................................................................................................................................................................................. 3.

NON-COLLUSION AFFIDAVIT TO ACCOMPANY BID .............................................................................................................8.

BUSINESS RELATIONSHIPS AFFIDAVIT TO ACCOMPANY BID ...........................................................................................9.

CONSTRUCTION CONTRACT .......................................................................................................................................................11.

MAINTENANCE BOND ....................................................................................................................................................................15.

PERFORMANCE BOND ....................................................................................................................................................................16.

STATUTORY BOND ...........................................................................................................................................................................17.

NOTICE TO PROCEED ......................................................................................................................................................................18.

CLAIM OR INVOICE AFFIDAVIT ....................................................................................................................................................19.

DIVISION I. GENERAL PROVISIONS

DIVISION II. SPECIAL PROVISIONS

DIVISION III. TECHNICAL SPECIFICATIONS

TOC - Page 2 of 2

SITEWORK

02111 SITE CLEARING AND GRUBBING

02205 SOIL MATERIALS

02207 AGGREGATE MATERIALS

02211 ROUGH GRADING

02301 EARTHWORK

02580 INCIDENTAL PAVING REPAIR AND REPLACEMENT

02775 BERM CONSTRUCTION

02938 SODDING

CONCRETE

03100 CONCRETE FORMWORK

03200 CONCRETE REINFORCEMENT

03300 CAST-IN-PLACE CONCRETE

07920 SEALANTS & CALKING

SUMMARY OF WORK

The Owner intends to award a contract to place a concrete lined channel along the existing channel from West of Mayberry St. to Hoover St. in the City of Enid for the PAVED CHANNEL FROM WEST OF MAYBERRY ST.

TO HOOVER ST. F-1812C project. The work shall encompass the construction of a concrete lined channel, as graphically depicted on the drawings. .

The items included in this construction are as follows:

1. Concrete Lined Channel. 8 ft wide x 2-ft deep x 6-in thick, reinforced concrete lined channel will be constructed from West of Mayberry St. to Hoover St. and grading concrete lined channel to existing grades. Further fiber reinforced concrete will be lined with 4 in chick, and approximately 1

ft. to 3ft height at top of banks as shown on plans.

2. Reinforced Retaining wall. Retaining wall at north side of channel and west of Hoover St. as shown on plans.

3. Sodding. Sodding of the side slope.

4. Erosion Control. Erosion control protection is required on this project.

PROPOSAL

TO: The Honorable Mayor and Board of Commissioners

The City of Enid, Garfield County, Oklahoma

Gentlemen:

Pursuant to the notice inviting proposals, the undersigned bidder herewith submits his proposal.

He declares he has carefully examined the Plans, Specifications and forms of Contract and bonds as set forth in the proceedings for:

PAVED CHANNEL FROM WEST OF MAYBERRY ST. TO HOOVER ST. – F-1812C

and that he has reached a full understanding of everything required on said Plans and Specifications, and that he has informed himself as to the kind and quantities of various materials to be furnished and/or the nature and location of the work to be done, and all other matters affecting the work.

The undersigned bidder proposes and agrees that if his proposal is accepted, to enter into contract with THE

CITY OF ENID, on forms prescribed, with approved sureties, within seven (7) days, after notice of award to execute the Contract, and to furnish to the City a satisfactory Performance and Statutory Bond in the sum of

100% of the contract price, guaranteeing the faithful performance of the work and payment of bills.

To do any extra work not covered by the following schedule of prices or stipulated lump sum price which may be ordered by the Engineer and to accept as full compensation therefor such prices as may be agreed upon in writing by the Engineer and the Contractor in accordance with Section 108.04 of the General Provisions.

It is further agreed that the Contractor shall begin the work on the date of Notice to Proceed and to prosecute said work in such a manner as to complete all work within the calendar days specified by the Contractor in his bid.

The Contractor shall take out and maintain public liability insurance in accordance with Section 106.25 of the

General Provisions of the Specifications. A copy of said Specifications is now on file in the Office of the City

Clerk of the City of Enid.

Upon completion of the Contract, the Contractor shall furnish to the City a satisfactory Maintenance Bond in the amount of 100% of the final contract price, guaranteeing the maintenance of the work for a period of

THREE (3) years after acceptance by the City.

Accompanying this proposal is a proposal guaranty for 5% of the total bid, payable to the CITY OF ENID, OKLAHOMA, which is to be forfeited, as liquidated damages, if, in the event that this proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory contract bond under the conditions and within the time specified in this proposal. Otherwise said proposal guaranty is to be returned to the undersigned.

A Bidder's Bond, Certified or Cashier's Check is enclosed in the amount of $______________, as required.

STATE OF )

) SS:

COUNTY OF )

___________________________________; of lawful age, being first duly sworn, upon his oath, deposes and says, that he executed the accompanying bid on behalf of the bidder named therein for the construction of the above improvement in THE CITY OF ENID, OKLAHOMA, that he had lawful authority so to do and that the bidder has not been a party to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with any State or City official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussions between bidders and any State or City officials concerning exchange of money or other thing of value for special consideration in the letting of a contract; said bidder has neither directly nor indirectly entered into any agreement, express or implied, with any bidder or bidders, having for its object the controlling of the price or amount of such bid or bids, the limiting of the bids or bidders, the parceling or farming out to any bidder or bidders, or other persons of any part of the contract or any part of the profits thereof and that he has not and will not divulge the sealed bid on such public improvement to any person whatsoever, except those having a partnership or other financial interest with him in said bid or bids, until after the sealed bid or bids are opened.

If partnership, give name and address of each partner

By:

Address:

Incorporated under the laws of the State of:

Subscribed and sworn to before me this _____ day of _______________________, 20____.

Notary Public

(SEAL)

My Commission Expires:

PROPOSAL

PAVED CHANNEL FROM WEST OF MAYBERRY ST. TO HOOVER ST. – F-1812C

Subject to the above conditions, the undersigned bidder agrees to accept compensation for the completed work in accordance with the detailed plans and specifications, the following price, to-wit:

BASE BID

Item Quantity Unit Description Unit Price Extended Price

1 1 L.S. Mobilization $ $

Unit Price in Words:

2 1 L.S. Clearing & Grubbing $ $

3 100 C.Y. Excavation Unclassified $ $

4 40 C.Y. Borrow Unclassified $ $

5 361 S.Y. 6-in Reinforced Concrete Channel $ $

6 103 S.Y. 4-in Fiber Reinforced Concrete $ $

7 54 Ton 8-in Aggregate Base $ $

8 5316 LBS. Steel $ $

9 10 C.Y. Retaining Wall $ $

10 432 S.Y. Solid Slabs Sodding $ $

11 1 L.S. Vegetation Maintenance $ $

12 1 L.S. Erosion Control $ $

13 1 L.S. Construction Staking $ $

14 1 L.S. Bonds & Insurance (3-Year) $ $

BASE BID $

Base Bid Price in Words:

Calendar Days to complete Base Bid:

ALTERNATE BID #1

A1 4 C.Y. Low Strength Concrete Mud Slab 6-in $ $

Thick

A2 211 L.F. 4-in Service Line, Clean Outs Complete $ $

In Place

ALTERNATE BID #1 $

Alternate Bid #1 Price in Words:

Calendar Days to complete Alternate Bid #1:

NON-COLLUSION AFFIDAVIT

To Accompany Contractor’s Bid

STATE OF _________________________ )

) ss:

COUNTY OF ________________________ )

_____________________________________ (Contractor’s Authorized Agent), of lawful age, being first duly sworn upon his/her oath, states:

1. I am the duly authorized agent of ___________________________________(Bidder’s Company Name), the bidder submitting the attached competitive bid (the “bid”), for the purpose of certifying the facts pertaining to the existence or nonexistence of collusion among bidders or between bidders and municipal officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the award of any contract associated with the bid attached to this document;

2. I am fully aware of the facts and circumstances surrounding the making of the bid and have been personally and directly involved in the proceedings leading to the submission of such bid;

3. Neither the bidder nor anyone subject to the bidder’s direction or control has been a party to:

Any collusion among bidders to restrain the freedom of competition by agreement to bid at a fixed price or to refrain from bidding; Any collusion with any municipal official or employee as to quantity, quality, or price in the bid or contemplated contract, or as to any other terms of such bid or contemplated contract; nor any discussions between bidders and nay municipal official or employee concerning the exchange of money or other thing of value for special consideration in the award of the contemplated contract.

Further, Affiant saith not.

Signature of Authorized Agent

Title (printed)

Subscribed and sworn to before me this _________ day of _______________________, 2017.

(SEAL)

My commission expires:

BUSINESS RELATIONSHIP AFFIDAVIT

To Accompany Contractor’s Bid

STATE OF _________________________ )

) ss:

COUNTY OF ________________________ )

_____________________________________ (Contractor’s Authorized Agent), of lawful age, being first duly sworn upon his/her oath, states:

1. I am the duly authorized agent of ___________________________________(Bidder’s Company Name), the bidder submitting the attached competitive bid (the “bid”).

2. My position in the above named company is ____________________________.

3. Affiant further states the nature of any partnership, joint venture, or other business relationship presently in effect, or which existed within one (1) year prior to the date of this Affidavit, with the architect, engineer, or other party to the project is as follows:

(if none, so state)

4. Affiant further states that any such business relationship presently in effect or which existed within one (1) year prior to the date of this Affidavit between any official or director of the architectural or engineering firm or any other party to the project is as follows:

(if none, so state)

5. Affiant further states that the names of all persons who have any such business relationship and the positions they hold with their respective companies or firms are as follows:

(if none, so state)

Further, Affiant saith not.

Signature of Authorized Agent

Title (printed)

Subscribed and sworn to before me this _________ day of _______________________, 2017.

(SEAL)

My commission expires:

CONSTRUCTION CONTRACT

This Contract is made and entered into this day of , 20___, by and between the City of Enid, an Oklahoma Municipal Corporation, hereinafter called “City,” and

., , a(n) , hereinafter called “Contractor.”

W I T N E S S E T H

WHEREAS, in accordance with the Charter of the City of Enid and the Public Competitive Bidding act of 1974, 61 Okla. Stat. §§ 101 et seq. (hereinafter collectively referred to as “local and state law”), the City has caused to be prepared certain plans, specifications, and other bidding documents (the “Bidding

Documents”) for the work hereinafter described; and, WHEREAS, in accordance with local and state law, the City has approved and adopted all of said

Bidding Documents and has caused a Solicitation for Bids to be given and advertised and has received sealed bids for the furnishing of all labor and materials for:

F-1812C as outlined and set out in the Bidding Documents and in accordance with the terms and provisions of this

Contract; and, WHEREAS, Contractor, in response to said Solicitation for Bids, has submitted to the City, in the manner and at the time specified, a sealed bid in accordance with the terms of the Bidding Documents; and, WHEREAS, the City, in the manner provided by local and state law, has publicly opened, examined and canvassed the bids submitted and has determined and declared the above-named Contractor to be the lowest responsible bidder on the above described project; and, WHEREAS, the City has duly awarded this Contract to said Contractor, for the sum named in the bid, to-wit:

Dollars and 00/100s ($xxxxxxxx.xx).

NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions herein stated and in consideration of the mutual benefits, which will accrue to the parties, the sufficiency of which is acknowledged by the parties, the parties agree as follows:

1. Incorporation of Bidding Documents. This Contract hereby incorporates, as if fully set out herein, the

Plans, Specifications, General Provisions, Special Provisions, Contractor’s Proposal and any and all

Addendums issued. All of these documents have been provided to and/or by the Contractor and are on file in the Office of the City Clerk of the City of Enid. Hereinafter, these documents shall be collectively referred to as “Bidding Documents.”

2. Engagement of Contractor. The City hereby engages Contractor to perform certain construction services for the benefit of the City. Contractor accepts such engagement pursuant to the terms and conditions set forth herein.

3. Scope of Engagement. Contractor shall, in a good and first-class, workmanlike manner, at its own cost and expense, furnish all labor, materials, tools and equipment required to perform and complete said work in strict accordance with the Bidding Documents, with the following additions and/or exceptions: (if none, so state.)

(NONE)

Alternate bids chosen: (if none, so state.)

4. Payments to Contractor. The City shall make payments to the Contractor in the following manner:

a. On or about the first (1st) day of each month, the City Engineer, or other appropriate person, will make accurate estimates of the value, based on contract prices, of the work done and materials incorporated in the work and of materials suitably stored at the site thereof during the preceding calendar month. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of the monthly estimates. Ninety-five percent (95%) of such estimated sum shall be paid to the Contractor within five (5) days after the first regularly scheduled meeting of the Mayor and Board of Commissioners of the following month.

b. On completion of the work, but prior to the acceptance thereof by the City, it shall be the duty of the Engineer for the City, or other appropriate person, to determine that said work has been completely and fully performed in accordance with this Contract and all incorporated documents; and upon making such determination, said official shall make his final certification to the City.

c. The Contractor shall furnish proof that all claims and obligations incurred by him in connection with the performance of said work have been fully paid and settled; said information shall be in the form of an affidavit, which shall bear the approval of the surety on the contract bonds, for payment of the final estimate to the Contractor; thereupon, the final estimate (including retainage, but less any liquidated damages), will be approved and paid, within five (5) days after the first regularly scheduled meeting of the Mayor and Board of Commissioners of the following month.

5. Bargaining. The City and the Contractor have had the opportunity to seek independent legal counsel before entering into this Contract. The language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against either party.

6. Third Party Beneficiaries. Nothing in this Contract, expressed or implied, is intended to confer upon any person other than the parties hereto and their respective assigns, any rights or remedies under or by reason of this Contract, except as provided expressly herein.

7. Notices. Whenever a notice is required to be given in writing and under the terms of this Contract, or any extension hereunder, such notice shall either be hand-delivered or mailed by certified mail, return receipt requested, and directed to the respective parties at the following addresses:

If to the City: If to Contractor:

City of Enid ____________________________ P.O. Box 1768 ____________________________ Enid, OK 73702 ____________________________ or at such other address as a party shall specify by like notice to the other party hereto. Notices shall be effective on the date of delivery.

8. Counterparts. This Contract may be executed in any number of counterparts, and when each party has signed and delivered to the other at least one (1) such counterpart, each counterpart shall be deemed an original, and when taken together with other signed counterparts, shall constitute one (1) agreement;

provided, however, this Contract shall not be binding upon the parties hereto until signed by all of the parties.

9. Integration and Amendments. This Contract constitutes the entire agreement between the parties and may not be amended, altered, modified or changed in any way except in writing signed by all parties to this Contract and which specifically references this Contract. There are no other agreements, representations or warranties, whether oral or written, regarding the subject matter of this Contract.

No course of dealings involving the parties hereto and no usage of trade shall be relevant or admissible to interpret, supplement, explain or in any way vary any of the terms expressly set forth in this Contract. Any amendment to this Contract shall be attached to this Contract and all of the terms in this Contract not addressed in the amendment shall remain in full force and effect.

10. Binding Effect. This Contract binds the parties and any successors and assigns of the parties.

11. Severability. If any one or more of the sections, sentences, clauses, or parts be held invalid for any reason, the invalidity of such section, sentence, clause, or part shall not affect nor prejudice the applicability and validity of any other provision of this Contract.

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year last written below.

The City of Enid, an Oklahoma Municipal Corporation

Mayor’s Signature Date

ATTEST:

City Clerk

Approved as to form:

City Attorney

Date: , a(n)

Signature

Printed Name

Title

Secretary and/or Witness

State of Oklahoma ) ) ss.

County of _____________ )

________________________, of lawful age, being first duly sworn, on oath, says that (s)he is the agent authorized by the Contractor to submit the above Contract to the City of Enid, Oklahoma. Affiant further states that Contractor has not paid, given or donated, or agreed to pay give or donate to any officer or employee of the City of Enid, any money or other valuable thing, either directly or indirectly, in the procuring of this Contract.

Signature

Printed Name/Title

Subscribed and sworn to before me this ______ day of ________________, ________.

My Commission Number:

MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENT, that . ,Principal, and , a corporation organized under the laws of the State of , and authorized to transact business in the State of Oklahoma, as Surety, are held firmly bound unto the City of Enid, Oklahoma, a Municipal Corporation, in the penal sum of Dollars and ($ ). in lawful money of the United States of America, said sum being the contract price, for the payment of which, well and truly to be made, we bind ourselves and each of us, our heirs, executors, administrators, trustees, successors, and assigns, jointly and severally, firmly by these presents.

Dated this day of , 20 .

The condition of this obligation is such that:

WHEREAS, said Principal entered into a written contract with the City of Enid, Oklahoma, a Municipal Corporation, dated , 20 , for:

all in compliance with the plans and specifications therefor, made a part of said contract and on file in the Office of the City Clerk of Enid, Oklahoma, a Municipal Corporation, located in the City Administration Building in Enid, Oklahoma.

NOW, THEREFORE, if said Principal shall pay or cause to be paid to the City of Enid, Oklahoma, all damage, loss, and expense which may result by reason of defective materials and/or workmanship in connection with said work, occurring within a period of Three (3) years from and after acceptance of said project by the City of Enid, Oklahoma; then this obligation shall be null and void, otherwise to be and remain in full force and effect.

It is further expressly agreed and understood by the parties hereto that no changes or alterations in said contract and no deviations from the plan or mode of procedure herein fixed shall have the effect of releasing the sureties, or any of them, from the obligations of this bond.

IN WITNESS WHEREOF, the said Principal has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its duly authorized officers, and the same Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its attorney-in- fact, duly authorized so to do, the day and year first above written.

Principal:

Secretary

Surety:

Attorney-in-Fact

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENT, that ., Principal, and , a corporation organized under the laws of the State of , and authorized to transact business in the State of Oklahoma, as Surety, are held firmly bound unto the City of

Enid, Oklahoma, in the penal sum of Dollars and ($ ). in lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves and each of us, our heirs, executors, administrators, trustees, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal entered into a written contract with the City of Enid, Oklahoma, a Municipal all in compliance with the plans and specifications therefor, made a part of said contract and on file in the Office of the City Clerk of Enid, Oklahoma, located in the City Administration Building in Enid, Oklahoma.

NOW, THEREFORE, if said Principal shall in all particulars, well, truly, and faithfully perform and abide by said contract and each and every covenant, condition, and part thereof and shall fulfill all obligations resting upon said principal by the terms of said contract and specifications and if said principal shall protect and save harmless the City of Enid from any pecuniary loss resulting from the breach of any of the items, covenants and conditions of said contract resting upon said principal, then this obligation shall be null and void, otherwise to be and remain in full force and effect.

It is further expressly agreed and understood by the parties hereto that no changes or alterations in said contract and no deviations from the plan or mode of procedure herein fixed shall have the effect of releasing its corporate seal to be hereunto affixed by its duly authorized officers, and the same Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its attorney-in-fact, duly

STATUTORY BOND

KNOW ALL MEN BY THESE PRESENT, that , Principal, and , a corporation organized under the laws of the State of , and authorized to transact business in the State of Oklahoma, as Surety, are held firmly bound unto the City of

Enid, Oklahoma, in the penal sum Dollars and ($ ). in lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves and each of us, our heirs, executors, administrators, trustees, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal entered into a written Contract with the City of Enid, Oklahoma, a Municipal all in compliance with the plans and specifications therefor, made a part of said contract and on file in the Office of the City Clerk of Enid, Oklahoma, located in the City Administration Building in Enid, Oklahoma.

NOW, THEREFORE, if said Principal shall fail or neglect to pay all indebtedness incurred by said Principal or subcontractors of said Principal who performs work in the performance of such contract, for labor and materials and repairs to and parts of equipment used and consumed in the performance of said contract within thirty (30) days after the same becomes due and payable, the person, firm, or corporation entitled thereto may sue and recover on this bond, the amount so due and unpaid.

It is further expressly agreed and understood by the parties hereto that no changes or alterations in said contract and no deviations from the plan or mode of procedure herein fixed shall have the effect of releasing its corporate seal to be hereunto affixed by its duly authorized officers, and the same Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its attorney-in-fact, duly

NOTICE TO PROCEED

TO:

FROM: The CITY OF ENID, OKLAHOMA

YOU ARE HEREBY NOTIFIED that all contract documents have been executed and accepted in relation to the contract on entered into on the day of , 20 , by and between the

CITY OF ENID, OKLAHOMA

and and that work may now be commenced in accordance with said Contract. With a contract time of calendar days, the completion date is the day of , 20 .

DATED at Enid, Oklahoma this day of , 20 .

CITY OF ENID, OKLAHOMA

By: _____________________________________ Robert Hitt, P.E.

City Engineer cc: City Clerk

CLAIM OR INVOICE AFFIDAVIT

STATE OF

) SS.

COUNTY OF

The undersigned (architect, contractor, supplier, engineer, or supervisory official) of lawful age, being first duly sworn, on oath says that this invoice, claim or contract is true and correct. Affiant further states that the work, services, or materials as shown by this invoice or claim have been completed or supplied in accordance with the plans, specifications, orders or requests furnished to the affiant. Affiant further states that (s) he has made no payment, given or donated or agreed to pay, give or donate either directly or indirectly to any elected official, officer or employee of the State of Oklahoma, of money or any other thing of value to obtain payment or the award of this contract.

Project Name

Project No.

Signature - Contractor or Supplier

Company Name (Print or Type)

Address

City, State, Zip

Subscribed and sworn to before me this day of , 20 .

, Notary Public

Division I - i

DIVISION I - GENERAL PROVISIONS

INDEX

SECTION 101 DEFINITION OF TERMS ............................................................................................................. 1.

101.01 Definitions .................................................................................................................... 1.

SECTION 102 REQUIREMENTS FOR BIDDERS .............................................................................................. 3.

102.01 Content of Proposal Forms ............................................................................ 3.

102.02 Interpretation of Plans and Specs ................................................................ 3.

102.03 Examination of Documents and Site ........................................................... 3.

102.04 Preparation and Filing of Proposal .............................................................. 3.

102.05 Proposal Guaranty ............................................................................................. 4.

102.06 Withdrawal of Proposals.................................................................................. 4.

102.07 Opening of Proposals ....................................................................................... 4.

102.08 Irregular Proposals ............................................................................................. 4.

102.09 Rejection of Proposals ...................................................................................... 4.

102.10 Disqualification of Bidders .............................................................................. 4.

SECTION 103 AWARD AND EXECUTION OF CONTRACT ........................................................................ 5.

103.01 Consideration of Proposals ............................................................................ 5.

103.02 Award of Contract .............................................................................................. 5.

103.03 Return of Proposal Guaranty ......................................................................... 5.

103.04 Surety Bonds ........................................................................................................ 5.

103.05 Execution of Contract ....................................................................................... 6.

103.06 Failure to Execute Contract ............................................................................ 6.

SECTION 104 SCOPE OF WORK ........................................................................................................................ 6.

104.01 Intent of Plans and Specifications ................................................................ 6.

104.02 Special Provisions ............................................................................................... 6.

104.03 Increased or Decreased Quantities ............................................................. 6.

104.04 Alterations of Plans and Spec. ....................................................................... 6.

104.05 Extra Work ............................................................................................................. 7.

104.06 Final Cleaning ...................................................................................................... 7.

SECTION 105 CONTROL OF THE WORK AND MATERIALS ..................................................................... 7.

105.01 Authority of the Engineer ................................................................................ 7.

105.02 Detail Shop Working Drawings ..................................................................... 7.

105.03 Existing Structures ............................................................................................. 7.

105.04 Coordination of Plans, Specifications ......................................................... 7.

105.05 Cooperation of Contractor ............................................................................. 8.

105.06 Construction Stakes .......................................................................................... 8.

105.07 Measurements ..................................................................................................... 8.

105.08 Source and Quality of Materials ................................................................... 8.

Division I - ii

105.09 Materials and Workmanship .......................................................................... 8.

105.10 Samples, Tests of Materials, Workmanship .............................................. 8.

105.11 Materials Certifications .................................................................................... 9.

105.12 Owner - Furnished Materials ......................................................................... 9.

105.13 Storage of Materials .......................................................................................... 9.

105.14 Inspection ............................................................................................................ 10.

105.15 Removal of Defective & Unauthorized Work ........................................ 10.

105.16 Correction of Work after Final Payment .................................................. 10.

105.17 Final Inspection ................................................................................................. 10.

SECTION 106 LEGAL RELATION AND RESPONSIBILITY ......................................................................... 10.

106.01 Laws to be Observed ...................................................................................... 10.

106.02 Permits and licenses ........................................................................................ 11.

106.03 Patented Devices, Materials and Processes ........................................... 11.

106.04 Sanitary Provisions ........................................................................................... 11.

106.05 Public Convenience and Safety ................................................................... 11.

106.06 Privileges in Streets and Right-of-Ways .................................................. 12.

106.07 Rights of Various Interests ............................................................................ 12.

106.08 Railway Crossings ............................................................................................. 12.

106.09 Barricades and Warning Signs .................................................................... 12.

106.10 Use of Explosives .............................................................................................. 13.

106.11 Protection and Restoration of Property................................................... 13.

106.12 Protection of Land Monuments .................................................................. 14.

106.13 Responsibility for Damage Claims ............................................................. 14.

106.14 Contractor's Claim for Damages ................................................................ 14.

106.15 Public Utilities to be Changed ..................................................................... 14.

106.16 Temporary Sewer Connections ................................................................... 14.

106.17 Arrangement of City Water .......................................................................... 15.

106.18 Use of Fire Hydrants ........................................................................................ 15.

106.19 Use of a Section or Portion of the Work ................................................. 15.

106.20 Contractor's Responsibility for Work ........................................................ 15.

106.21 Responsibility of Public Officials ................................................................. 15.

106.22 Waiver of Legal Rights ................................................................................... 15.

106.23 Contractor's Insurance ................................................................................... 15.

106.24 Compensation and Death Liability Insurance ........................................ 15.

106.25 Public Liability & Property Damage Insurance ..................................... 16.

106.26 Proof and Carriage of Insurance ................................................................. 16.

106.27 Liens ...................................................................................................................... 16.

106.28 Transportation Tax ........................................................................................... 17.

106.29 Federal Aid Provisions .................................................................................... 17.

106.30 Work by Private Contract .............................................................................. 17.

SECTION 107 PROSECUTION AND PROGRESS ......................................................................................... 17.

107.01 Subletting of Work .......................................................................................... 17.

107.02 Assignment of Contract ................................................................................. 18.

Division I - iii

107.03 Prosecution of Work ....................................................................................... 18.

107.04 Limitation of Operations ............................................................................... 18.

107.05 Character of Workmen and Equipment ................................................... 18.

107.06 Days Work, Working Hours .......................................................................... 19.

107.07 Time of Commencement and Completion ............................................. 19.

107.08 Extension of Time of Completion ............................................................... 19.

107.09 Failure to Complete Work on Time ........................................................... 19.

107.10 Temporary Suspension .................................................................................. 19.

107.11 Suspension of Work, Annulment of Contract ........................................ 20.

107.12 Termination of Contract ................................................................................ 21.

SECTION 108 MEASUREMENT AND PAYMENT ........................................................................................ 21.

108.01 Measurement of Quantities ......................................................................... 21.

108.02 Schedule of Values, Lump Sum Contracts .............................................. 21.

108.03 Scope of Payment ............................................................................................ 21.

108.04 Payment for Extra Work ................................................................................. 21.

108.05 Partial Estimates ................................................................................................ 22.

108.06 Payments Withheld ......................................................................................... 22.

108.07 Acceptance and Final Payment ................................................................... 22.

108.08 Final Measurements and Estimates ........................................................... 23.

108.09 Payment for Assessment Projects .............................................................. 23.

108.10 Hourly Wage Rate ............................................................................................ 23.

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DIVISION I

GENERAL PROVISIONS

SECTION 101 DEFINITION OF TERMS

101.01 Definitions. Wherever the words, forms, abbreviations or phrases herein defined, or pronouns used in their stead, occur in these specifications, in the contract or in the advertisement of any document or instrument herein contemplated or to which these specifications apply, the intent and meaning shall be interpreted as follows:

A.A.S.H.T.O. - The American Association of State Highway and Transportation Officials.

ADVERTISEMENT - All of the legal publications pertaining to the work contemplated or under contract.

A.N.S.I. - The American National Standards Institute.

A.S.T.M. - The American Society of Testing and Materials.

AUTHORITY or E.M.A. - The Enid Municipal Authority, acting through its duly authorized representatives or agents.

A.W.W.A. - The American Water Works Association.

BIDDER - Any person or persons, partnership, company, firm or corporation acting directly through a duly authorized representative submitting a proposal for the work contemplated.

B.P.R. - The Bureau of Public Roads.

CALENDAR DAY - Every day shown on the calendar.

CHAIRMAN - Chairman of the Enid Municipal Authority (EMA) or Enid Economic Development Authority (EEDA).

CITY - City of Enid, Oklahoma, a Municipal Corporation, acting through its duly authorized representatives or agents.

CITY CLERK - The City Clerk of the City of Enid, Oklahoma, or his/her duly authorized assistants or agents.

CITY MANAGER - The Manager of the City of Enid, Oklahoma.

CONTRACT - The written agreement covering the performance of the work. The Contract includes the Advertisement and Notice to Contractors, Proposals, Bonds, Specifications, including Special Provisions, Plans or working drawings and any supplemental agreements pertaining to the work or materials therefor.

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CONTRACTOR - The person or persons, partnership, company, firm or corporation entering into a contract for the execution of the work acting directly or through a duly authorized representative.

COUNCIL - The Council of the City of Enid, Oklahoma.

COUNSELOR - The Counselor of the Owner, or his duly authorized assistants or agents.

DEVELOPER - The owner of a tract of land that has been subdivided into Lots, Blocks, streets and alleys having public improvements made in accordance with these specifications by private contract.

ENGINEER - The City Engineer or his duly authorized agents, engineers, assistants, inspectors, or superintendents, acting severally within the scope of the particular duties entrusted to them.

EXTRA WORK - Any work performed by the contractor not provided for by the plans.

FURNISH - To supply.

MAINTENANCE BOND - The approved form of security furnished by the contractor and his surety as a guarantee that he will maintain the work constructed by him in good condition for the period of time required.

MAYOR - The Mayor of the City of Enid, Oklahoma.

O.H.D. - Oklahoma Highway Department.

OWNER - The term "Owner" shall mean the contracting agency acting through its duly authorized governing body.

PERFORMANCE BOND - The approved form of security furnished by the contractor and his surety as a guarantee of good faith on the part of the contractor to execute the work in accordance with the plans, specifications and terms of the contract.

PLAN OR PLANS - All of the drawings pertaining to the contract and made a part thereof, including such supplemental drawings as the Engineer may issue from time to time, in order to elucidate other drawings or for the purpose of showing changes in the work as authorized under Subsection 104.04 or for showing details not shown thereon.

PROPOSAL - The written statement or statements duly filed with the City Clerk of the person or persons, partnership, company, firm or corporation proposing to do the work contemplated.

PROPOSAL FORM - The approved form on which the formal bids for the work are to be prepared and submitted.

PROPOSAL GUARANTY - The security, designated in the "proposal form" and in the advertisement, to be furnished by the bidder as a guarantee of good faith to enter into a contract with the owner and to execute the required bonds for the work contemplated after the work is awarded to him and as liquidated damages in event of failure to do so.

PROVIDE - To furnish and erect or install.

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SPECIAL PROVISIONS - The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the Standard Specifications and taking precedent over any conditions or requirements of the Standard Specifications with which they are in conflict.

SPECIFICATIONS - The directions, provisions and requirements contained herein, together with the "Special Provisions" supplemental hereto, pertaining to the method and manner of performing the work or to the kinds, quantities or qualities of materials to be furnished under the contract, and methods of measurement and basis of payment.

STATUTORY BOND - The approved form of surety set up and furnished by the contractor and his surety as a guarantee that he will pay, in full, all bills and accounts for material and labor used in the construction of the work, as provided by law.

SURETY OR SURETIES - The corporate body which is bound by such bonds as are required with and for the contractor, and engages to be responsible for the entire and satisfactory fulfillment of the contract and for any and all requirements as set out in the specifications, contract or plans.

THE WORK - All construction activities included with the scope of the plans and specifications, including the furnishing of labor, materials, tools, equipment and incidentals, to be performed by the contractor under the terms of the contract.

WORKING DAYS - Any day, other than a holiday recognized by the City and weekends, on which the approximate normal working forces of the contractor may proceed with regular work in a manner satisfactory to the Engineer for at least six (6) hours, toward completion of the work, unless work to be suspended for causes beyond the contractor's control, provided that weekends and holidays on which the contractor's forces do engage in regular work will be considered as a working day.

SECTION 102 REQUIREMENTS FOR BIDDERS

The items noted in this section apply to and become part of the terms and conditions of the PROPOSAL as though they were included in their entirety. Any exceptions must be in writing.

All bidders shall have complied with the pre-qualification requirements of the City of Enid, Oklahoma.

102.01 Content of Proposal Forms. Bids must be submitted on the PROPOSAL form. Said form will be provided by the owner and will state the description of the contemplated work and will contain a list of the items of work to be done or materials to be furnished upon which bid prices are asked. The proposal form will state the time limits for commencing and for completing the work and will provide for entering the amount of the proposal guaranty.

102.02 Interpretation of Plans and Specifications. If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the Engineer a written request for an interpretation thereof. The person submitting such request will be responsible for any oral explanations or interpretations of the documents.

102.03 Examination of Documents and Site of Work. Bidders are advised that the plans, specifications and estimate of the Engineer on file with the City Clerk shall constitute all information that the owner will furnish. No other information given by the owner or any official thereof prior to the execution of the contract shall ever become a part of or change the contract, plans, specifications or estimates or be

Division I - 4 of 25 binding on the owner. Bidders are required, prior to submitting any proposal, to read carefully the specifications, the proposal, contract and bond forms; to examine carefully all estimates officially open for examination and all plans on file with the City Clerk; to visit the site of the work; to examine carefully local conditions; to inform themselves by their independent research of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion and obtain all information required to make an intelligent proposal. Bidders shall rely exclusively upon their own estimates, investigations and other data necessary for full information upon which the proposal may be based. It is mutually agreed that submission of a proposal will be evidence that the bidder has made the examination and investigations required herein.

102.04 Preparation and Filing of Proposal. Bids and affidavits must be filed with the City Clerk in sealed envelopes within the time limit for receiving proposals, as stated in the Solicitation for Bids which envelopes shall bear a legible notation thereon "PROPOSAL" and the name of the project. All blank spaces in the proposal forms shall be correctly filled in and the bidder shall state the prices, typewritten or written in ink, both in words and numerals, for which he proposed to do the work contemplated or furnish the materials required. All prices shall be distinct and legible.

If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent and his post office address given. If the proposal is submitted by a firm or partnership, the name and post office address of each member must be given and the proposal signed by a duly authorized member of the firm or partnership. If the proposal is made by a company or corporation, the company or corporate name and the State under the laws of which said company or corporation is chartered and the business address must be given and the proposal signed by an official or agent duly authorized. Powers of Attorney, authorizing agents or others to sign proposals must be properly certified and must be in writing and on file with the City Clerk.

102.05 Proposal Guaranty. Proposals will not be considered unless the proposal filed with the City Clerk is accompanied by a bidder's bond or certified check in the required amount, made payable to the owner.