M-2413C Solicitation Package Final.pdf

CONTRACT DOCUMENTS

AND

SPECIFICATIONS

FOR

Community Development Renovation M-2413C

City of Enid

State of Oklahoma

December, 2023

TABLE OF CONTENTS

Solicitation for Bids

Proposal

Non-Collusion Affidavit

Business Relationships Affidavit

Boycott Affidavit

Construction Contract

Maintenance Bond

Performance Bond

Statutory Bond

Notice to Proceed

Invoice Affidavit

Division I - General Provisions

Division II - Special Provisions

ANY OTHER APPLICABLE PROJECT SPECIFICATIONS

Plans

PROPOSAL

Proposal – Page 1

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:

Community Development Renovation M-2413C 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 as provided in these Specifications and to prosecute said work in such a manner as to complete all work contracted for within the number of calendar days submitted in the bid.

The Contractor shall take out and maintain public liability and OCP 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.

Project Name: Community Development Renovation Project No.: M-2413C

Proposal – Page 2

Base Bid

Line No. Bid Item Description Quantity Unit Unit Price Extended Price

1 Base Bid

Add Alternate 1 (electrical renovation and additions as shown on plans)

Base Bid Total

Contract Time (Calendar Days)

Base Bid

Add Alternate 1

Add Alternate 2

Total Base Bid in Words:

Proposal – Page 3

Project Name: Community Development Renovation Project No.: M-2413C

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:

Business Relationship Affidavit – Page 1

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:

Business Relationship Affidavit – Page 2

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:

Further, Affiant saith not.

Signature of Authorized Agent

Title (printed)

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

My commission expires:

Notary Public

NON-COLLUSION AFFIDAVIT

To Accompany Contractor’s Bid

_____________________________________ (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.

Signature of Authorized Agent

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

_____________________________________ (Business or Company’s authorized agent), of lawful age, being first duly sworn upon his/her oath, states:

I am the authorized agent of __________________________________(Company or Business) and I am knowledgeable about the business practices and finances of the Company and the Company does not boycott energy companies and will not boycott energy companies during the term of the agreement.

Signature of Authorized Agent

Subscribed and sworn to before me this _________ day of _______________________, 202___.

ENERGY DISCRIMINATION ELIMINATION ACT OF 2022

BOYCOTT AFFIDAVIT

Construction Contract – Page 1

CONSTRUCTION CONTRACT

This Contract is made and entered into on the 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:

Community Development Renovation M-2413C 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:

and /100 Dollars ($ ).

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.

Construction Contract – Page 2

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.)

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

Construction Contract – Page 3 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:

Construction Contract – Page 4

Contractor 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 ________________, ________.

Construction Contract – Page 5

My Commission Expires:

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 ($ ) 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 the day of 20 , for:

all in compliance with the plans and specifications therefore, 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:

By:

Title

ATTEST:

Secretary

Surety:

Attorney-in-Fact

PERFORMANCE BOND

business in the State of Oklahoma, as Surety, are held firmly bound unto the City of Enid, Oklahoma, in the penal sum of Dollars ($ ) 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.

Corporation, dated the day of , 20 , for:

all in compliance with the plans and specifications therefore, 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

Title

Secretary Surety:

STATUTORY BOND

business in the State of Oklahoma, as Surety, are held firmly bound unto the City of Enid, Oklahoma, in the penal sum of Dollars ($ ) 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.

Corporation, dated the day of 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, 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

By:

Title

ATTEST:

Secretary

Surety:

NOTICE TO PROCEED

TO:

(Contractor)

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:

Contract entered into on the day of , 2023, by and between the CITY OF ENID, OKLAHOMA and , and that work may now be (Contractor) commenced in accordance with said Contract. With a contract time of calendar days, the start date is the day of , 2023 and the completion date is the day of , 2023.

DATED at Enid, Oklahoma this day of , 2023.

CITY OF ENID, OKLAHOMA

Jason Unruh, P.E.

City Engineer

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. The affidavit 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, money or any other thing of value to obtain payment of the award of the contract.

Invoice Number

Invoice Amount

Signature - Architect, Contractor, Supplier, Engineer, or Supervisory Official

Company Name (Print or Type)

Address

City, State, Zip Code

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

________________________________________________________________, Notary Public

My commission Expires: _______________________________________________________

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.

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.

DIVISION I – GENERAL PROVISIONS

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.

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 prequalification 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 the information which 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 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 which are 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. The proposal guaranty shall be in the amount of five percent (5%) of the total amount of the bid unless otherwise provided in the advertisement or Special Provisions. The proposal guaranty is required as evidence of good faith and as a guarantee that if awarded the contract, the bidder will execute the contract and furnish the required bonds within the required time and as liquidated damages in the event of failure to do so.

102.06 - Withdrawal of Proposals. Permission will not be granted to withdraw or modify any proposal after it has been filed and before the time set for opening proposals. Request for non-consideration of proposals must be made in writing, addressed to the owner, and filed with the City Clerk before the time set for opening proposals. After other proposals are opened and read, the proposal for which withdrawal is properly requested will be returned unopened.

102.07 - Opening of Proposals. Proposals will be opened as stated in the "SOLICITATION FOR BIDS".

102.08 Irregular Proposals. Any bid proposal that shows any omission, alteration of form, addition or condition not called for and any unauthorized alternate bid proposal shall be deemed irregular; however, the owner reserves the right to waive technicalities and make the award in the best interest of the owner.

102.09 - Rejection of Proposals. The owner reserves the right to reject any or all proposals, and all proposals submitted are subject to this reservation. Proposals shall be rejected for any of the following specific reasons:

(a) Proposal received after the time limit for receiving proposals.

(b) Proposal prices obviously unbalanced.

(c) Total proposal price above the Engineer's estimate of total cost.

(d) Proposals that are incomplete insofar as the Non-Collusion Affidavit, Business

Relationship Affidavit, required signatures, or containing material irregularities.

(e) Bidder not pre-qualified unless pre-qualification is waived by the owner.

102.10 - Disqualification of Bidder. Bidders will be disqualified and their proposals not considered for any of the following specific reasons:

(a) Where more than one proposal for an individual, firm, partnership or corporation is filed under the same or different names and where such proposals are not identical in every respect.

(b) Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated or materials to be furnished.

(c) Reason for believing that collusion exists among the bidders.

(d) The bidder being in arrears on any existing contracts, interested in any litigation, against the City or E.M.A. or having defaulted on a previous contract.

(e) Lack of competency, as revealed by the financial statement, experience and equipment questionnaires, etc.

(f) Uncompleted work which, in the judgment of the owner, will hinder or prevent the prompt completion of additional work, if awarded.

SECTION 103 – AWARD AND EXECUTION OF CONTRACT

103.01 - Consideration of Proposals. After the proposals are opened, those proposals containing unit prices will be tabulated for comparison on the basis of the quantities shown in the approximate estimate.

Until the final award of the contract, the owner reserves the right to reject any or all proposals, to waive technicalities and to advertise for new proposals or proceed to do the work otherwise when the best interests of the owner will be promoted thereby.

103.02 - Award of Contract. The owner reserves the right to withhold the award of the contract for thirty

(30) days from the date of opening the proposals and no award will be made until the necessary investigations are made as to the responsibility of the low bidder. No contract will be awarded until at least two (2) days after the opening of proposals. The awarding of the contract shall give the bidder no right of action or claim against the owner upon such contract until the execution of the contract shall have been completed and the contract delivered to the contractor. The owner reserves the right to award all or any portion or portions of the work.

103.03 - Return of Proposal Guaranty. As soon as the proposal prices have been compared and an award made, the owner may, at its discretion, return the proposal guaranties accompanying proposals which in its judgment would not be considered in making the award. Should the awarding of the contract be delayed more than thirty (30) days, all bidders' checks will be returned unless such delay is from causes beyond the control of the owner, and in such event the proposal and bidder's check, of any bidder, will be returned at the bidder's option.

103.04 - Surety Bonds. With the execution and delivery of the contract, the contractors shall furnish and file with the owner in the amounts herein required, the following surety bonds:

(a) A good and sufficient Performance Bond in an amount equal to one hundred (100) percent of the approximate total amount of the contract, guaranteeing the full and faithful execution of the work and performance of the contract and for the protection of the owner and all property owners interested against any damage by reason of the negligence of the contractors, or the improper execution of the work or the use of inferior material.

(b) A good and sufficient Statutory Bond in an amount equal to one hundred (100) percent of the approximate total amount of the contract, guaranteeing payment for all labor, materials and equipment used in the construction of the improvement.

(c) A good and sufficient Maintenance Bond guaranteeing the maintenance in good condition of such improvement for a period and in the amount specified in the contract, proposal, and solicitation for bids.

No surety will be accepted who is now in default or delinquent on any bond or who is interested in any litigation against the owner. All bonds shall be made on forms furnished by the owner and shall be executed by surety companies licensed to do business in the State of Oklahoma and acceptable to the owner. Each bond shall be executed by the contractor and the surety.

Should any surety on the contract be determined unsatisfactory at any time by the owner, notice will be given to the contractor to that effect and the contractor shall forthwith substitute a new surety or sureties satisfactory to the owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and been accepted by the owner. The contract shall not be operative nor shall any payments be due until approval of the bonds has been made by the owner.

103.05 - Execution of Contract. The person or persons, partnerships, company, firm or corporation to whom a contract is awarded shall within four (4) days after notice to enter into contract shall sign the necessary agreements entering into the required contract with the owner and execute and deliver required bonds.

No contract shall be binding on the owner until it has been approved by the Counselor, executed by the owner and delivered to the contractor.

103.06 - Failure to Execute Contract. Upon failure of the bidder to execute the required bonds or to sign the required contract within four (4) days after the notice to enter into contract will be considered to have abandoned his proposal and the owner may annul the award.

103.07 - Review of Contract Documents and Field Conditions. Execution of the contract is a representation that the Contractor has visited the site, has become generally familiar with the local conditions under which the work is to be performed, and has become familiar with all of the Bidding Documents.

103.08 – Notice to Proceed and Time to Complete. No work may be performed unless and until a Notice to Proceed has been issued by the City. The project time shall commence upon issuance of the Notice to Proceed.

SECTION 104 – SCOPE OF WORK

104.01 - Intent of Plans and Specifications. The intent of the plans and specifications is to prescribe a complete work or improvement which the contractor undertakes to do, in full compliance with the plans, specifications, special provisions, proposal and contract. The contractor shall do all work as provided in the plans, special provisions, specifications, proposal and contract and shall do such additional extra and incidental work as may be considered necessary to complete the work in a satisfactory and acceptable manner. He shall furnish all labor, materials, tools, equipment and incidentals necessary to the prosecution of the work, unless otherwise specified.

104.02 - Special Provisions. Should any work or any conditions which are not thoroughly or satisfactorily stipulated or covered by the general or standard specifications be anticipated on any proposed work, "Special Provisions" for such work may be prepared and shall be considered as a part of the specifications and contract.

104.03 - Increased or Decreased Quantities of Work. The owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvement at any time when and as found necessary, and the contractor shall perform the work as altered, increased or decreased, at the contract unit prices. No allowance will be made for any change in anticipated profits nor shall such changes be considered as waiving or invalidating any condition or provision of the contract.

This provision shall not be construed as to permit the contractor to perform additional work not included or contemplated in the original proposal.

104.04 - Alterations of Plans and Specifications. The owner reserves the right to make such changes in the plans and in the character of the work as may be necessary or desirable to insure completion of the work in the most satisfactory manner, provided such changes do not materially alter the original plans and specifications or change the general nature of the work as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the contract.

104.05 - Extra Work. When any work is necessary to the proper completion of the project for which no prices are provided in the proposal or contract, the contractor shall do such work, but only when and as ordered in writing by the Engineer and with the prior approval of the owner.

Payment for extra work will be made as hereinafter provided.

104.06 - Final Cleaning Up. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work surplus and discarded materials, temporary structures, stumps or portions of trees and debris of any kind.

He shall leave the site of the work in a neat and orderly condition. Waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer.

SECTION 105 – CONTROL OF THE WORK AND MATERIALS

105.01 - Authority of Engineer. All work shall be done under the supervision of the Engineer and to his satisfaction. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, interpretation of the plans and specifications, acceptable fulfillment of the contract, compensation, mutual rights between contractors under these specifications and suspension of work. The Engineer shall have the right to establish any sequence or priority of operation in the interest of desirable cooperation with other work.

He shall determine the amount and quality of work performed and materials furnished and his decisions and estimates shall be final. His estimate in such event shall be a condition precedent to the right of the contractor to receive money due him under the contract.

The authority of the Engineer shall not be construed to include the authority to waive, revise or modify specifications as herein set forth either as to kind, type of quality of materials or manner or quality of construction.

105.02 - Detail Shop Working Drawings Furnished by Contractor. The contractor shall submit to the Engineer for approval, such additional shop and working drawings of structures or equipment as may be required, and, prior to the approval of such drawings by the Engineer, any work done or materials ordered shall be at the contractor's risk. The contract price shall include the cost of furnishing such drawings.

105.03 - Existing Structures Not Shown on Plans. The plans show the location of certain existing surface and subsurface structures. The owner assumes no responsibility for failure to show any or all structures on the plans or to show them in their exact location. It is mutually agreed such failure will not be considered sufficient basis for claims for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate substantial changes in the lines or grades or requires the building of a special structure, provisions in these specifications for "Extra Work" will apply.

105.04 - Coordination of Plans, Specifications, Proposal and Special Provisions. The plans, these specifications, the proposal, special provisions and all supplementary documents are intended to describe a complete work and are essential parts of the contract. A requirement occurring in any of them is binding. In case of discrepancies, figured dimensions shall govern over scaled dimensions; plans shall govern over specifications; special provisions shall govern over both general and standard specifications, and the quantities shown on the plans shall govern over those shown in the proposal. The contractor shall take no advantage of any apparent error or omission in the plans and specifications, and the Engineer shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the plans and specifications. In the event the contractor discovers any apparent error or discrepancy, he shall immediately call such error or discrepancy to the attention of the Engineer.

105.05 - Cooperation of Contractor. Three sets of plans and specifications will be furnished the contractor as follows: one office copy, one for the field superintendent, and one copy for job use. The contractor, however, shall have a set of plans and specifications available at all points where a separate construction crew is working.

The contractor shall give to the work the consistent attention necessary to facilitate the program thereof, and he shall cooperate with the Engineer and his inspectors and with other contractors in every way possible. The contractor shall provide a competent superintendent on the work at all times who is fully authorized as his agent on the work.