INFORMAL BIDDING DOCUMENTS_MS_0066_2025.docx

NOTICE TO BIDDERS

INFORMAL BID AND CONTRACT

Notice is hereby given that City of Oklahoma City (“Awarding Public Agency”)will electronically receive and open sealed Bids for the construction of:

MS-0066R

Sidewalk Repair and Replacement in the Office of the Public Works Director, 7th Floor, James D. Couch Municipal Building 420 W. Main Street, Oklahoma City Oklahoma 73102, until 10:00 a.m., on the_28th_ day of August , 2025. Bids shall be opened electronically at the above stated time for receipt of Bids or as soon thereafter as practicable. Late bids and incomplete bids will not be considered for Contract award.

The Awarding Public Agency desires to receive written bids to provide labor equipment, supplies and materials to complete the Project and perform the Work described in the attached Bidding Documents. Since the cost of the Project is $100,000 or less, an informal bidding procedure will be used. The Informal Bid Form and Contract will constitute the Contract for the Project and incorporates the Bidding Documents. The Awarding Public Agency designates the Construction Purchasing Agent as the Person to receive, best bid. The City Engineer will issue a formal written Work Order and a Purchase Order to the Bidder determined to be the lowest and best Bidder. The Awarding Public Agency reserves the right to reject any or all bids.

Bids must be submitted to informalbid@okc.gov, in accordance with this Notice to Bidders and the Bidding Documents.

To bid on this Contract, the Bidder must be prequalified by the City of Oklahoma City’s Prequalification Review Board on the Bid Date and Bid Time as: Paving Contractor D

Bidder must complete the Project in accordance with the Bidding Documents and Oklahoma City Standard Specifications for Construction of Public Improvements within 30days of issuance of Work Order.

Bidding Documents contain additional information. Prior to bidding, Bidders must carefully examine the Bidding Documents, any addenda, and the Oklahoma City Standard Specifications for Construction of Public Improvements.

Informal Bidding Documents pg. 17 2023.06.08

INFORMAL BIDDING DOCUMENTS pg. 1 of 24 2025.03.11

LIST OF DOCUMENTS REQUIRED FOR THIS BID

ORIGINAL FORMS TO BE SUPPLIED BY THE AWARDING PUBLIC AGENCY:

BID LINE ITEMS

ANTI/NON-COLLUSION AFFIDAVIT

BUSINESS RELATIONSHIP AFFIDAVIT

The Bidder is responsible for reviewing this list of required documents and any requirements of the Bidding Documents and/or Special Provisions - Technical and assuring that each and every required document is properly completed. Forms and Affidavits should be completed and submitted in accordance with provisions of the "Signature Requirements for Bidding Documents." Bids not submitted in accordance with these requirements will be recommended for rejection. All documents required for this Bid are included.

DOCUMENTS REQUIRED FOR THIS BID

Failure to submit a required document may be cause for rejection of the Bid. However, the Awarding Public Agency reserves the right to require timely submission of document(s) required in the Bidding Documents.

Forms Not in Packet. If an item is listed on this page or in the Bidding Documents and the form is not included in this packet, it is the Bidder's responsibility to notify the City Engineer.

Forms to be Used. Bidder must use the forms provided by the Awarding Public Agency.

INSTRUCTIONS TO BIDDERS

1. Contract: Contractor will enter into the Contract with the City of Oklahoma City and properly submit the executed Contract and the required bonds, documents, and certificates of insurance within seven (7) calendar days following the City’s notification of its intent to award the Contract, unless said time is extended by the City Engineer. With the Contract, the Contractor will submit a properly signed Certificates of Insurance, Certificate Of Nondiscrimination, and Small and Disadvantaged Local Business Subcontracting Plan. No work shall be commenced until the written Contract has been executed and the required bonds and insurance have been provided and a work order has been issued by the City Engineer.

2. Electronic Bidding: Bids are to be submitted to informalbid@okc.gov, in accordance with the Notice to Bidders and the bidding documents.

3. Standard Specifications: The City of Oklahoma City's "Standard Specifications for the Construction of Public Improvements," as amended, shall govern all aspects of bidding for and construction of the project. Exceptions to the "Standard Specifications" will be set forth in the Bidding Documents. The Bidding Documents shall prevail over any conflicting statement in the Standard Specifications. The Standard Specifications may be viewed or downloaded at www.okc.gov/departments/public-works.

4. Contractor's Responsibility for the Work: Until formal written acceptance by the Awarding Public Agency, the Project shall be under the charge and care of the Contractor. The Contractor shall take every necessary precaution to prevent injury or damage to the Project or any part thereof by the action of the elements or any other cause whatsoever, whether arising from the execution or non-execution of the Work. The Contractor shall at his own expense rebuild, repair, restore, and make good all injuries or damage to any portion of the Project occasioned by any of the forgoing causes before formal acceptance of the Project by the Awarding Public Agency.

5. Payment: Payments shall be made by the Awarding Public Agency upon completion of the project and after final inspection and acceptance by the City Engineer or his designee.

Applications for payment shall be made upon the forms provided by the Awarding Public Agency or photocopies thereof and such forms must be properly completed, signed and notarized. Applications for payments shall have attached thereto the Contractor's invoice and other supporting detail. Contractor must supply invoices for any stored materials for which payment is claimed.

6. Time of Completion: Work on the Project shall commence immediately following the Work Order with and estimated Completion Date. The rate of progress shall be such that the whole Project will be performed in accordance with the Contract Documents, Plans, Specifications and approved Change Orders and Amendments and the premises be cleaned within the time stated herein, unless an Extension of Completion Date is approved by the City Engineer in the manner hereinafter specified.

7. Prequalification Required: The prequalification requirements for the Project are set forth in the Notice to Bidders.

Unless prequalification is specifically waived in the Notice to Bidders for the Project or by Awarding Public Agency action, all Bidders must be listed by the Prequalification Review Board as "Pre-qualified" for the class or classes of work before the Bid Date. In the event prequalification is waived, or in addition to prequalification, the Bidder may be required to present other evidence of qualification as required in the Bidding Documents.

Bidder’s shall be Pre-qualified for the specific class or classes of work, as provided in the Bidding Documents and the City of Oklahoma City’s “Standard Specifications for the Construction of Public Improvements.” Unless prequalification is specifically waived in the Bidding Documents for the Project, the Construction Purchasing Agent will not tabulate submission of any proposed Contractor or Bidder who is not listed, at the time for receipt of Bids, as Pre-qualified for the class or classes of work required for the Project and such submission will not be considered by the Awarding Public Agency.

Regardless of whether or not prequalification is required to bid, any proposed Contractor or Bidder must have obtained prequalification and any license or licenses required by the City of Oklahoma City which is/are necessary to the accomplishment of the Project.

8. Small, Local and Minority Business Subcontracting Program: The City of Oklahoma City has adopted a program to encourage and promote the use of small and disadvantaged local businesses as subcontractors on public construction contracts as set forth in the Oklahoma Public Competitive Bidding Act. The contractor must provide the Awarding Public Agency a Small Local and Minority Business Subcontracting Plan setting forth the contractor’s internal and outreach strategies and efforts to provide and extend opportunities for small local and minority business participation in the performance of subcontracts. The contractor must submit a preliminary Small Local and Minority Business Subcontracting Plan to the City Engineer with the contract and bonds and before a contract will be awarded or approved by the Awarding Public Agency. The contractor must create and maintain records demonstrating its efforts and the success of its efforts.

A. Written Report. The contractor must provide a written report to the City Engineer on the form provided by the City Engineer delineating and documenting its efforts, progress and successes of its Small, Local and Minority Business Subcontracting Plan as a condition precedent to final payment and release of retainage. This written report is a requirement of substantial completion. The project will neither be deemed substantially complete nor be accepted for final payment until the contractor submits and the City Engineer has accepted the written report on the progress and success of its Small, Local, and Minority Business Subcontracting Plan.

9. Storm Water Construction Activities Permit: In order for the City of Oklahoma City to remain in compliance with the Environmental Protection Agency (EPA), Oklahoma Department of Environmental Quality (ODEQ) regulations, and maintain its own NPDES permit, the City must ensure all construction activities within its corporate boundaries are in compliance under the following regulations.

i. Environmental Protection Agency

ii. Code of Federal Regulations (40 CFR, Part 122)

iii. Clean Water Act

iv. Oklahoma Department of Environmental Quality

v. Oklahoma Pollutant Discharge Elimination System Act (OPDES) 27A O.S. 2-6-201

vi. ODEQ General Permit OKR10

vii. City of Oklahoma City

viii. Oklahoma City Municipal Code

A copy of the City’s Best Management Practices Manual can be downloaded at http://www.okc.gov/pw/storm.html or a copy can be picked up at the City of Oklahoma City’s City Clerk's Office, 200 N. Walker, 2nd Floor, Oklahoma City, Oklahoma 73102.

As a part of this project the contractor will be required to submit a completed Notice of Intent (NOI), a Storm Water Pollution Prevention Plan (SWPPP) and an Erosion Control Site Plan for permitting purposes. The Contractor shall be required to follow the plans as submitted and approved at all times during construction of the project. Along with the above stated items the Contractor shall also provide a check payable to the City of Oklahoma City in an amount required by this project. This permit must be issued before the Contractor will be allowed to obtain the building/construction permit. Permits issued may be renewed annually upon filing of a renewal application and payment of permit fee, provided that the applicant’s activity, and the location where it is carried on are the same as originally permitted. In addition, the application for renewal shall be subject to all the requirements pertaining to original permit. (Oklahoma City Municipal Code 48-33)

The following note shall be on every plan submitted to the City of Oklahoma City:

Construction activities that result in land disturbance of equal to or greater than one (1) acre, or less than one (1) acre if they are part of a larger common plan of development or sale that totals at least one (1) acre must also obtain a permit from ODEQ (form 605-002a) for Storm Water Discharge from Construction Activities. This means that land disturbing of one (1) acre or more must permit with ODEQ and the City of Oklahoma City, Storm Water Quality.

CONTRACT

Project # MS-0066R Sidewalk Repair and Replacement

THIS CONTRACT by and between The City of Oklahoma City, referred to in the Bidding Documents and herein as “Awarding Public Agency”, and ____________________________, hereinafter termed "Contractor" is made and entered into on the date approved by the Awarding Public Agency.

WITNESSETH:

WHEREAS, the Awarding Public Agency has caused to be prepared certain Bidding Documents; has caused Notice to Bidders; and has received bids for the above Project; and, WHEREAS, Contractor, in response to said Notice to Bidders, has submitted to Awarding Public Agency a bid; in accordance with the Bidding Documents; and WHEREAS, the Awarding Public Agency has determined Contractor to be the lowest responsible bidder and has awarded, as stated by the Awarding Public Agency, this Contract for this Project for the sum of: Dollars ($ ) NOW, THEREFORE, for and in consideration of the mutual agreements and covenants herein contained, the parties to this Contract have agreed and hereby agree as follows:

1. The Contractor shall, in a good and first-class, workmanlike manner, at his own cost and expense, furnish all labor, materials, tools, and equipment required to perform and complete said Project in strict accordance with the Contract Documents, including but not limited to the Bidding Documents, “Standard Specifications for Construction of Public Improvements,” any Special Provisions, schedules and plans approved by the Awarding Public Agency, and Contractor’s bid, all of which documents are on file in the Office of the City Clerk of The City of Oklahoma City and are made a part of this Contract as fully as if the same were herein set out at length, with the following alternates and/or deletions: (if none, so state) None.SAMPLE

2. The Awarding Public Agency shall make payments to the Contractor in the following manner: On or about the first day of each month, the City Engineer or designee will review estimates of the value, based on Contract prices and/or schedule of values of 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 City Engineer or designee such detailed information as requested.

Each monthly estimate for payment must contain or have attached an affidavit as required by 74 O.S. § 85.22.

3. On completion of the Project, but prior to the acceptance thereof by the Awarding Public Agency, it shall be the duty of the City Engineer or designee to determine that said work has been completely and fully performed in accordance with said Contract Documents, and upon making such determination, make a final certificate to the Awarding Public Agency. The Contractor shall furnish proof that all claims and obligations incurred by the Contractor 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 retainages) will be approved and paid and the same shall be in full for all claims of every kind and description said Contractor may have by reason of having entered into or arising out of this Contract.SAMPLE

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written.

ATTEST: Contractor:

____________________________________ By: ___________________________________ (Secretary-Witness)

As: ___________________________________

REVIEWED for form and legality.

: The City of Oklahoma City

INFORMAL BIDDING DOCUMENTS pg. 14 of 24 2025.03.11

CERTIFICATE OF NONDISCRIMINATION

In connection with the performance under the Contract, the Contractor agrees as follows:

A. The Contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, ancestry, age or disability as defined by the Americans with Disabilities Act of 1990, Sec. 3(2). Contractor shall take affirmative action to ensure that employees are treated without regard to their race, creed, sex, color, national origin, ancestry, age or disability, as defined by the Americans with Disabilities Act of 1990, Sec. 3(2). Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruiting or recruitment, advertising, layoff or termination, rate of pay or other forms of compensation and selection for training, including apprenticeship. The Contractor and Subcontractors shall agree to post in a conspicuous place, available to employees and applicants for employment, a copy of this Certificate of Nondiscrimination.

B. In the event of the Contractor's noncompliance with this Nondiscrimination Certificate, the Contract may be canceled, terminated or suspended by the Awarding Public Agency. The Contractor may be declared by the Awarding Public Agency ineligible for further contracts until satisfactory proof of intent to comply shall be made by the Contractor and/or Subcontractors.

C. The Contractor agrees to include the requirements of this Nondiscrimination Certificate in any subcontracts connected with the performance of this Contract.

I have read the above and agree to abide by these requirements:

This form must be fully completed and signed by the Contractor or Contractor's Authorized Agent.

Name of Individual, Partnership, Limited Liability Company, or Corporation hereinafter called Bidder

Signature of Bidder or Authorized Agent

Type or print name and title of person who signed above

This Certificate is required by Oklahoma City Municipal Code, Chapter 25, Article III § 25-41, as incorporated by reference in the City of Oklahoma City's Standard Specifications for the Construction of Public Improvements or otherwise in the Bidding Documents.

THE CITY OF OKLAHOMA CITY

SMALL, LOCAL AND MINORITY BUSINESS UTILIZATION PROGRAM

PUBLIC CONSTRUCTION SUBCONTRACTING PLAN/REPORT

Project No. MS-0066R - Sidewalk Repair and Replacement

Company Name Phone Email

The business agrees to submit a Local Business Utilization ("LBU") Report/Subcontracting Plan to the City within fourteen (14) days from the date of the Notice to Proceed.

In the space provided below please provide the requested information for each subcontractor/subconsultant employed on the project listed above.

Submit form to LBU@okc.gov

If no subcontractors are being used, please provide a brief description of the project and why subcontractors are not needed._____________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

1. Name of Subcontractor Business ____________________________________________

a. Name of contact person______________________________________________

b. Email ____________________________________________________________

c. Phone number _____________________________________________________

d. Type of work performed _____________________________________________

e. Estimated dollar amount for contracted work _____________________________

f. LBU status (circle if known) Registered Not Registered

2. Name of Subcontractor Business ____________________________________________

a. Name of contact person______________________________________________

b. Email ____________________________________________________________

c. Phone number _____________________________________________________

d. Type of work performed _____________________________________________

e. Estimated dollar amount for contracted work _____________________________

f. LBU status (circle if known) Registered Not Registered

3. Name of Subcontractor Business ____________________________________________

a. Name of contact person______________________________________________

b. Email ____________________________________________________________

c. Phone number _____________________________________________________

d. Type of work performed _____________________________________________

e. Estimated dollar amount for contracted work _____________________________

f. LBU status (circle if known) Registered Not Registered

SMALL, LOCAL AND MINORITY BUSINESS UTILIZATION PROGRAM (LBU)

PAY APPLICATION BREAKDOWN FORM

LBU Program Email: LBU@okc.gov Project # MS-0066 – Sidewalk Repair and Replacement 2025 Company Name

Date of Claim

Total Amount of Monthly Claim

LBU Status of Company For Services From To

Phone Number

Phone Number Monthly Total Dollar

Breakdown of Payment for This Claim

THE CITY OF OKLAHOMA CITY

SMALL, LOCAL AND MINORITY BUSINESS UTILIZATION PROGRAM

PUBLIC CONSTRUCTION PROJECT SUBCONTRACTING

CLOSE OUT REPORT

Project No. MS-0066 – Sidewalk Repair and Replacement

Submitted for_____________________ By ______________________ Company Name Signature

Final acceptance and payment of final claim will not be initiated until receipt of this document by the City Engineer.

In the space provided below please provide the requested information for each subcontractor employed on the project listed above.

LBU Program email: LBU@okc.gov

Name and Address

Dollar amount of of Principal Place of Business

Subcontract

CERTIFICATE OF INSURANCE

Project No. & Name: MS-0066 – Sidewalk Repair and Replacement 2025_____________

PRODUCER

ADDRESS

NOTE: THIS CERTIFICATE CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, NOR DOES IT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY POLICIES BELOW, EXCEPT AS SHOWN BELOW.

COMPANIES AFFORDING COVERAGE

COMPANY A

LETTER

COMPANY B

INSURED

ADDRESS

COMPANY C

COMPANY D

COMPANY E

COVERAGES: THIS IS TO CERTIFY THAT THE INSURANCE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDS, FOR THE POLICY PERIOD INDICATED HEREIN. THE POLICIES SHOWN IN THIS CERTIFICATE ARE DEEMED PRIMARY TO ANY INSURANCE CARRIED BY THE INSUREDS FOR THE SPECIFIC LOCATION, PROJECT OR EVENT.

EFFECTIVE DATE

GENERAL LIABILITY

_____ COMMERCIAL

GENERAL LIABILITY

_____ OCCURRENCE

_____ CLAIMS MADE

AND TAIL

COVERAGE

GENERAL AGGREGATE

BODILY INJURY

(Per Person)

PROPERTY DAMAGE

(Per Accident)

EACH OCCURRENCE

MEDICAL EXPENSES

(Any One (1) Person)

AUTOMOBILE LIABILITY

_____ ANY AUTO

_____ ALL OWNED AUTOS

_____ SCHEDULED AUTOS

_____ HIRED AUTOS

_____ NON-OWNED AUTOS

COMBINED SINGLE LIMIT

BODILY INJURY

(Per Person)

BODILY INJURY

(Per Accident)

PROPERTY DAMAGE

WORKER’S COMPENSATION AND EMPLOYER LIABILITY

Standard Compliance for the State of Oklahoma

EACH ACCIDENT

DISEASE - POLICY LIMIT

DISEASE - EACH EMPLOYEE

VALUABLE PAPERS INSURANCE

(If required by Contract)

EXCESS LIABILITY

EACH OCCURRENCE

AGGREGATE

OTHER

DESCRIPTION OF OPERATIONS/VEHICLES/SPECIAL ITEMS

THE Awarding Public Agency and CITY OF OKLAHOMA CITY IS AN ADDITIONAL INSURED, WITH RESPECT TO LIABILITY, ARISING OUT OF THE PROJECT OR EVENT.

THE Awarding Public Agency and CITY OF OKLAHOMA CITY IS A LOSS PAYEE ON VALUABLE PAPERS INSURANCE.

CERTIFICATE HOLDER(S)

The Awarding Public Agency and the City of Oklahoma City 420 W. Main St., Suite 700 Oklahoma City, OK 73102

CANCELLATION

IT IS AGREED THAT NONE OF THESE POLICIES WILL BE CANCELLED OR CHANGED EXCEPT IN THE APPLICATION OF THE AGGREGATE LIABILITY LIMIT PROVISIONS, SO AS TO AFFECT THE INSURANCE DESCRIBED IN THIS CERTIFICATE UNTIL AFTER 30 DAYS PRIOR WRITTEN NOTICE OF SUCH CANCELLATION OR REDUCTION IN COVERAGES AND 10 DAYS WRITTEN NOTICE OF NON-RENEWAL FOR NONPAYMENT OF PREMIUM HAS BEEN DELIVERED TO THE CERTIFICATED HOLDER.

(PLEASE READ CAREFULLY)

CERTIFICATE OF INSURANCE EXPLANATION OF

THE CITY OF OKLAHOMA CITY AND AWARDING PUBLIC AGENCY (S)

The Certificate Holder(s) require the use of this Certificate of Insurance as evidence that the insurance requirements of the contract have been complied with and will continue as long as the contract is in force. The City and Awarding Public Agency rely on this Certificate as proof of compliance with the insurance requirements agreed upon. The City and Awarding Public Agency must be advised of any cancellation or nonrenewal of the insurance coverages required or any reduction in the coverages provided, in compliance with the contract, as shown in the Certificate of Insurance. Thirty (30) days prior written notice of cancellation or reduction in coverages (other than an aggregate limit provision reduction) and ten (10) days written notice of nonrenewal for nonpayment of premium must be provided to the City and the Awarding Public Agency so that the City and the Awarding Public Agency may take appropriate action.

Many certificates of insurance are received by the City and the Awarding Public Agency and many contain statements claiming that the certificate is issued as a matter of information only and confers no rights upon the certificate holder. A common example is "Should any of the above described policies be canceled before the expiration date hereof, the issuing company will endeavor to mail (number of days) days written notice to the named holder, but failure to mail such notice shall impose no obligation of liability of any kind upon the company, its agents or representatives." This is unacceptable.

The City and Awarding Public Agency have the right of notice of cancellation, nonrenewal and reduction of coverage, as a requirement in the contract. The City and Awarding Public Agency rely upon the Certificate of Insurance as evidence of contract compliance.

The authorization requirement (that the authorized representative signing the Certificate of Insurance provide written acknowledgment by the insurance company or companies to the City and the Awarding Public Agency) is written proof that the person signing the Certificate is legally authorized by the insurance company or companies to obligate them, as shown in the Certificate.

The City and the Awarding Public Agency must have positive evidence in the form of the Certificate of Insurance that the insurance requirements of the contract have been met and will continue to be met without interruption during the term of the contract.

No activity will begin until the insurance Certificate is received. Your cooperation in providing the City and the Awarding Public Agency with acceptable evidence of insurance compliance will prevent confusion and delay.

SIGNATURE REQUIREMENTS FOR BIDDING DOCUMENTS

All Bidding Documents and Contract Documents must be signed by a person having the legal authority to bind the Bidder/Contractor and be completed in accordance with the rules listed below.

PART I. A. INSTRUCTIONS FOR SUBMISSION OF BIDS

(1) The name of the individual, limited liability company, partnership, corporation or joint venture submitting the Bid must be provided. The Bidding Documents must be signed in accordance with the requirements of Part I.B. herein. The name and title of each person who signed the Bidding Documents must be provided.

(2) All blank spaces in the Bidding Documents, which require the provision of any information or any statement from the Bidder must be filled in or the Bid may be rejected.

(3) All Affidavits must be completed, signed and submitted electronically.

PART I. B. SIGNATURE REQUIREMENTS FOR SUBMISSION OF THE BIDDING DOCUMENTS

(1) Bids submitted by a Corporation: Bidding Documents must be signed by the President or Vice President of the corporation, or comply with Part I.B.(6).

(2) Bids submitted by a Sole Proprietorship or Individual: Bidding Documents must be signed by the owner or individual, or comply with Part I.B.(6).

(3) Bids submitted by a Partnership: Bidding Documents must be signed by a General Partner, or comply with Part I.B.(6).

(4) Bids submitted as a Joint Venture: Bidding Documents must be signed by an authorized agent having authority to bind the Joint Venture and comply with Part I.B.(6).

(5) Bids Submitted by a Limited Liability Company: Bidding Documents must be signed by the Manager or an authorized agent having authority to bind the limited liability company, or comply with Part I.B.(6). Such Bids must be accompanied by the documentation required in Part II.B. (5) below.

(6) Signature Requirements for Bidder's Authorized Agent: Some businesses may delegate the authority to sign the Bidding Documents to an authorized agent. In such cases, all documents requiring signature must be signed by the "authorized" agent. Attached to the Bidding Documents must be the documentation required in Part II.B.(6) below.

(7) Additional Documentation: Additional documentation of authority may be required on any authority issue or Contract issue.

PART II. A. INSTRUCTIONS FOR SUBMISSION OF THE CONTRACT DOCUMENTS

(1) All documents listed on the "List of Contract Documents" must be submitted within seven (7) calendar days following the Awarding Public Agency’s notification of its intent to award Contract, unless that time is extended by the City Engineer (if the Bidder shows delays in returning the contract are beyond the Bidder's control).

(2) The Contract and other forms must be signed and, if so provided on the form, notarized. Where notarization is required, the notary must legibly: enter the date; enter the name and title of the affiant (person(s) sworn); sign as Notary Public; provide the date of commission expiration; and may impress his/her notary seal or stamp, where applicable.

(3) Type or legibly print the name of the individual, limited liability company, partnership, corporation or joint venture awarded the Contract on the line provided for this information. The name and title of each person who signed the Contract Documents must be typed or legibly printed on the line below the signature line.

PART II. B. SIGNATURE REQUIREMENTS FOR SUBMISSION OF THE CONTRACT AND BONDS

(1) Contracts submitted by a Corporation: Contract Documents must have the original ink signature of the President or Vice President of the corporation. That signature must be witnessed by the Corporate Secretary or Assistant Corporate Secretary, and the firm's corporate seal, if any, must be affixed in accordance with 18 O.S. (2011) § 1016. Should the corporation not have a seal or should the seal not be available, then the person signing must demonstrate authority to bind the corporation, as set forth in paragraph II.B.(6) below. The name and title of each person who signed the Contract or bond must be typed or legibly printed on the line below the signature line.

(2) Contracts submitted by a Sole Proprietorship or Individual: Contract Documents must have the original ink signature of the owner or individual, respectively, on the signature line, or comply with Part II.B.(6). The name and title of each person who signed the Contract or bond must be typed or legibly printed on the line below the signature line.

(3) Contracts submitted by a Partnership: Contract Documents must have the original ink signature of a General Partner on the signature line, or comply with Part II.B.(6). The name and title of each person who signed the Contract or bond must be typed or legibly printed on the line below the signature line.

(4) Contracts submitted by a Joint Venture: If two or more parties submit a joint Bid, the Contract Documents must be signed in ink by the appropriate representatives of each/all parties. Any of the parties which are corporations must have the appropriate signature(s) and attestation(s) as provided above, or comply with Part II.B.(6). The Contract Documents should be altered, but only to add the signature lines (name of Contractor, signature line, name and title line, and attestation line) to meet this requirement. The name and title of each person who signed the Contract or bond must be typed or legibly printed on the line below the signature line.

(5) Contracts Submitted by a Limited Liability Company: Contract Documents must have the original ink signature of the Manager or an authorized agent having authority to sign contracts and bonds and to bind the limited liability company. Attached to the Contract Documents, signed by the authorized agent, must be a properly executed copy of the articles of organization; the operating agreement; and any bylaws, resolution or other document of the authorizing entity, specifically providing the authorized agent with the authority to execute the Contract Documents on behalf of and binding the authorizing entity. All documents designating and authorizing the agent to bind the limited liability company must be notarized by a Notary Public who will complete the required information and may affix his/her seal or stamp. The name and title of each person who signed the Contract Documents must be typed or legibly printed on the line below the signature line. Additional pages may be added, but each signature must be properly notarized.

(6) Signature Requirements for Bidder's Authorized Agent: Some businesses may delegate the authority to sign the Contract Documents to an authorized agent. In such cases, all Contract Documents requiring signature must have the original ink signature of the "authorized" agent. Attached to the Contract Documents, signed by the authorized agent, must be a properly executed power of attorney or other document of the authorizing entity, specifically providing the "authorized" agent with the authority to execute the Contract Documents on behalf of and binding the authorizing entity. Each signature on the authorizing documents must be notarized by a Notary Public who will complete the required information and may affix his/her seal or stamp. The name and title of each person who signed the Contract, Bond, or any authorizing document must be typed or printed on the line below the signature line. Additional pages may be added, but all signatures must be properly notarized. If attachments to the Bid Documents are required they must be submitted with the bid at the date and time designated in the Notice to Bidders.

(7) Additional Documentation: Additional documentation may be required.

THE CITY OF OKLAHOMA CITY

PROJECT MS-0066R – Sidewalk Repair and Replacement

SPECIAL PROVISIONS-TECHNICAL FOR

Sidewalk Repair and Replacement Program for 50%-50% sidewalk program, throughout OKC. Wards 1-8

Provide all labor and materials for the removal and replacement of: Sidewalk Repair and Replacement program.

Scope of Work

The purpose for establishing the Sidewalk Repair and Replacement Program is to provide residential property owners an opportunity to economically repair or replace sidewalks and to bring sidewalks up to City standards for the benefit of the traveling public. Qualified residential property owners may apply for City participation in sidewalk repairs or reconstruction by agreeing to provide 50% of the total cost and to comply with the provisions of the Program. The remaining balance of the repair or replacement cost will be paid by the City of Oklahoma City. The City of Oklahoma City will provide labor, equipment, and materials necessary to repair and replace qualifying sidewalk panels and will document all expenses.

SPECIAL PROVISIONS FOR UNIT PRICE CONTRACTS

Statement of Purpose: The Awarding Public Agency is competitively bidding and intends to award contract(s) for public improvements to lowest and best bidder(s). The Awarding Public Agency may award a public construction contract to one, or more, lowest and best competitive bidder(s) for the collective cumulative public improvements Work Orders in the total amount not to exceed One Hundred Thousand Dollars ($100,000) per successful bidder for the contract term not to exceed one (1) year.

Legislative Determination: By competitively bidding public construction contract(s) as a citywide unit price contract, the Awarding Public Agency has determined and established a process that timely, efficiently and effectively provides the needed public improvement. By awarding public construction contract(s) for public improvements to one or more bidders, the Awarding Public Agency expects to accrue efficiencies and savings in contract cost and administration and in the timeliness and effectiveness of issuing Work Orders and completing public improvements citywide.

1. General It is the intent of these Special Provisions to provide for the necessary public improvements to complete public improvement projects. These Special Provisions apply only to Annual Unit Price Contracts for citywide public improvements. Where in conflict with the other Bidding Documents, these Special Provisions shall govern.

2. Rejection of Bids A. The Awarding Public Agency may reject a Bid if it is mathematically or materially unbalanced.

B. The Awarding Public Agency considers a Bid mathematically unbalanced if the Bid contains lump sum or unit prices that do not reflect reasonable estimated costs plus reasonable proportionate share of the Bidder's anticipated profit, overhead costs, and indirect costs.

C. The Awarding Public Agency considers a Bid materially unbalanced if that Bid, as a whole, creates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced Bid will not result in the lowest public improvement cost to the Awarding Public Agency.

3. Contract Award A. The Awarding Public Agency may award public construction contract(s) to up to three lowest and best competitive bidder(s), for multiple Citywide public street improvement projects. The Awarding Public Agency may award public construction contract(s) to up to the three lowest and best competitive bidder(s), if each bidder qualifies under these Supplemental Special Provisions and the City Council determines that it is in the best interest of the Awarding Public Agency to award multiple Citywide public street improvement projects. The Awarding Public Agency will take into consideration that the Awarding Public Agency and citizens of Oklahoma City desire to expedite public improvements and that meeting these goals may require multiple contracts and contractors to work simultaneously.

B. The low factor of the contract award(s) will be determined based upon the mathematical application of each bidder’s unit prices to estimated quantities in public improvement project(s) as established by the Awarding Public Agency before bid opening.

C. The Awarding Public Agency may in its discretion award public construction contracts pursuant to the Notice to Bidders and these Special Provisions. To qualify, the bidder or bidders must be within ten percent (10%) of the low bidder, as the bids were evaluated in paragraph B above, but such qualification does not require the Awarding Public Agency to award more than one public construction contract.

D. Provided further that the Awarding Public Agency reserves the right to competitively bid and award other additional public construction contracts for the same or similar types of public improvements, either as stand-alone contract(s) or unit price contracts, during the same or overlapping periods with these, other or additional funds.

4. Contract Amount The Awarding Public Agency may award up to three construction contracts each up to the not-to-exceed stated in the Notice to Bidders. Award of a public construction contract does not guarantee the issuance of Work Orders to any contractor. Award of a public construction contract neither guarantees the issuance of any Work Orders nor issuance of Work Orders adding up to the not to exceed contract amount. Additionally, the Awarding Public Agency reserves the right not to award any public construction contract.

5. Contract Term The contract term and issuance of Work Orders under this Contract, will expire at the time stated in the Notice to Bidders or if contract capacity is achieved, whichever occurs first. Work Orders issued during the contract term can be completed after contract expiration and must be completed by the date stated in the Work Order.

6. Funding The Awarding Public Agency will encumber the funds for each Work Order as a part of the process for issuing the Work Order and prior to the start date on each Work Order.

7. Bond The Contractor must provide a Performance Bond, Maintenance Bond, and Statutory Bond in the amount equal to 100% of the Contract amount.

8. Work Orders Process A. Authorization. The Public Works Director is authorized to issue a Work Order for each Project under the Contract(s). Information included in the Work Order will include:

1) Scope of Work and location of Project;

2) Estimated Project quantities and construction amounts;

3) Work Order issuance date; and

4) Work Order days to complete.

B. Work Order Issuance. The first ten Work Orders for the initial Contract period will be issued first to the lowest Contractor, then to the second and third low Contractors, if any. Subsequent Work Orders may be issued to each Contractor based on completion of each existing assigned Work Order so that each Contractor continues to have Work Orders as authorized by these Supplemental Special Provisions until the Contractor has performed up to the not-to-exceed amounts in the Contract. Work Orders, subsequent to the initial Work Orders to Contractor(s), may be timed or delayed based by the Awarding Public Agency for the best interests and needs of the Awarding Public Agency, including but not limited to completion of the existing Work Orders, timing of Projects to have the least effect on public use of City street, the least effect on public safety services, and/or to obtain the best public improvement results.

C. Time. Work Orders will require completion of each public improvement within the time allotted in the Work Order. Commencement date and completion date will be calculated based upon the determination of the City Engineer in accordance with Public Works policies and historical information, standard industry practices, and the particular factors for that improvement, including but not limited to the time of year, the location, and other City, State or private projects in the area. Contractor will not be granted any extension of time due to adverse weather conditions, except as to weather conditions that preclude work for the entire day and then only if the Contractor timely notifies the City Engineer within two (2) calendar days of the weather event and only if adverse weather conditions over the Work Order exceeded the average number of weather days for those months as set forth in the Bidding Documents. If an extension of time is granted, such additional day will be only one day for one day and Contractor will not be granted other or additional days or costs, direct or indirect, for the delay or that adverse weather condition.

D. Prosecution of Work. If any Project is determined by the City Engineer to not have been constructed in accordance with the Contract Document and the Work Order, or if the Contract is unable to clearly demonstrate to the satisfaction of the City Inspector that the public improvement was completed in accordance with the Contract Documents and Work Order, then the Project will not be substantially complete until re-inspection by the City Inspector thirty (30) calendar days after initial inspection and a determination that the public improvement, as constructed, is acceptable to the City Engineer, at their discretion. If the City Engineer determines the Project to be unacceptable, then the Contractor will remove and replace the Work and/or remediate the Work to become compliant with the Contract Documents and Work Order or the directive of the City Engineer at Contractor's sole cost and expense, with thirty (30) calendar days of notice of the City Engineer. The Contractor expressly agrees that a stipulation and condition of this Contract is that the failure of the Contractor to complete the Work or remediation within thirty (30) calendar days, including Saturdays, Sundays, City holidays and including adverse weather condition days, will result in a stipulated amount of damages for that breach for each subsequent calendar day at the rate of $1000 per calendar day because it is impracticable or extremely difficult to fix the actual damages for that breach and because every day affects the Project, affects the ability of the public and public safety services to use the street as designed and intended, and affects the ability of the Awarding Public Agency to proceed with another public improvement.

E. Payment. Contractor may submit only one invoice for payment of each Work Order which invoice may be submitted upon substantial completion of each Work Orders. Contractor will not receive a progress payment for Work Orders.

9. Quantity The Awarding Public Agency does not guarantee the use of any specific quantity of Bid Items or the issuance of Work Orders. All listed quantities in the Work Order are estimates only and each Work Order estimate of quantities is not a guarantee of purchase of that quantity of any Bid Items. The Awarding Public Agency will only pay for Bid Items necessary for the public improvement and only if installed in accordance with the Contract Documents and Work Order.

10. Payment The Awarding Public Agency will pay each Contractor for public improvements completed and formally accepted by the Awarding Public Agency based upon the Unit Prices Bid by that Bidder and the quantities of the Bid Items accepted. The Awarding Public Agency will only make payment to one invoice per Work Order. The invoice may be submitted upon substantial completion of each Work Orders. Contractor will not receive a progress payment for Work Orders.

11. Reserve Right to Withhold Additional Work Orders The Awarding Public Agency may withhold additional Work Orders to Contractors who have outstanding Work Orders that have exceeded their Work Order completion dates.

12. Construction Traffic Control A. The Contractor must establish and maintain traffic control devices throughout each Work Order as required by the latest Traffic Standards and Specifications and shall conform to the Manual on Uniform Traffic Control Devices (TCD) edition. The Contractor is responsible for replacement of all Traffic Control Devices damaged, destroyed or removed during construction.

B. The daily maintenance of traffic control devices on the Work site must be performed by a Contractor by a “Certified Work Zone Temporary Traffic Control Technician”. The Contractor’s employee’s certification must be from a nationally recognized organization approved by the City of Oklahoma City.

C. A Traffic Control Plan (TCP) is required for all Work performed on arterial and/or collector streets, or other such locations as may be determined by the City Engineer. The TCP must be approved by the Public Works Department, Traffic Management Division before any Work is performed. Reimbursement for the cost of the TCP is included in the reimbursement paid for the Traffic Control Permit. Reimbursement for the cost of the TCD is included in the reimbursement paid for the Traffic Control Permit.

D. The City reserves the right to remedy (at the Contractor’s expense) any neglect on the part of the Contractor regarding the establishment, placement or maintenance of traffic control devices in accordance with the MUTCD and the TCP that may affect the public convenience and safety, without notice at the Contractor’s expense.

Basis of Payment for Traffic Control Permit

The Traffic Control Permit will be reimbursed at the following fixed rates:

A. Four Lane Arterial Streets will be reimbursed at a fixed rate of $3,000 for each work order issued. The $3,000 fixed rate shall encompass any additional work orders issued within 0.25 miles.

B. Two Lane Arterial/Collector Streets (Mainline) will be reimbursed at a fixed rate of $2,500 for each work order issued. The $2,500 fixed rate shall encompass any additional work orders issued within 0.25 miles.

C. Residential Streets will be reimbursed at a fixed rate of $1,800 for each Work Order issued. The $1,800 fixed rate shall encompass any additional Work Orders issued within the same City block. This payment will include the Traffic Control required for the closure of the outside lane of an Arterial Street at a Collector or Residential Street intersection, known as a “Lane Drop”.

D. When work is required within a Signalized Intersection (from outside curb return PC to outside curb return PC), an additional lump sum of $1,000 for each intersection will be added to the above applicable fixed rates.

E. The Contractor may only include a Traffic Control Permit reimbursement request on an invoice for payment after the traffic control devices have been established in accordance with the approved TCP and the MUTCD and have been inspected by the City

13. Mobilization Mobilization reimbursement will be invoiced upon the completion and acceptance of the Work Orders. Mobilization will be reimbursed at a rate equal to 5% of the total cost of the completed and accepted Work Order.

14. Permits and Prequalification Contractor must obtain all required permits before Contractor may commence each Work Order. The cost for obligatory permits under this Contract will not be reimbursed directly but must be included by Bidder in other bid items.

Contractor and any subcontractor performing work on these Work Orders must be prequalified with the City for the class of work to be performed before commencing Work.

15. A/V Recording Pre and Post Construction The A/V recording Pre and Post Construction cost will not be reimbursed directly but will be included in other bid items.

100-SP.1 Concrete Repair (Lump Sum\Minimum) A lump sum of $1000.00 will be paid where total of the line items on Work Order are less than $1000.00.