M4-TS020_Phase 2A - Bidding Documents.pdf

The City of Oklahoma City

Specifications for

M4-TS020

MAPS 4 SIDEWALKS AND

RELATED AMENITIES – PHASE 2A

Prepared by

GARVER, LLC

750 SW 24TH STREET

MOORE, OKLAHOMA

73160

APRIL 2025

TOC 1 MAPS 4 Sales Tax

THE CITY OF OKLAHOMA CITY

TABLE OF CONTENTS

PROJECT M4-TS020

MAPS 4 SIDEWALKS AND

RELATED AMENITIES - PHASE 2A

DOCUMENT PAGE

Approval Sheet .................................................................................................... AS 1 Table of Contents ...............................................................................................TOC 1 Notice to Bidders ...............................................................................................NTB 1 Instructions to Bidders .................................................................................... TB 1-14 Special Provisions ............................................................................................ SP 1-27 Special Provisions – Technical ...................................................................... SPT 1-X

List of Contract Documents ...............................................................................LCD 1 A. Contract ..............................................................................................C 1-3 B. Bonds

Statutory Bond ........................................................................ SB 1-2 Performance Bond ................................................................... PB 1-2 Maintenance Bond .................................................................. MB 1-3 Defect Bond............................................................................. DB 1-2

C. Certificate of Nondiscrimination .................................................... CND 1 D. Public Construction Project Subcontracting Plan and Affidavit ......................................................................... SDLBPA 1-2 E. Certificate of Insurance ......................................................................... C 1 F. Vendor Registration Form .................................................................. RF 1

List of Closeout Documents ........................................................................... LCOD 1 A. Agreement and Waiver of Lien ................................................... AWL 1-2 B. Public Construction Project Subcontracting Plan Closeout

Report .................................................................................. SDLBCO 1-2 List of Additional Documents .......................................................................... LAD 1

A. Notice of Equal Employment Opportunity .................................... EEON 1 Signature Requirements for Bidding Documents ............................................. SR 1-3 List of Documents Required for This Bid ........................................................... RD 1

A. Bid Form (BidNet) ............................................................................ BF 1 B. Non-Collusion Affidavit .................................................................. ACA 1 C. Business Relationship Affidavit ...................................................... BRA 1 D. Small, Local and Minority Business Utilization Program ....... SDLBU 1-4

Attachment: Engineer’s Plans and Drawings

NTB-1 MAPS 4 Sales Tax

NOTICE TO BIDDERS

Notice is hereby given that the City of Oklahoma City (“City”) will electronically receive and open sealed bids for the construction of a MAPS 4 Sales Tax Project

PROJECT M4-TS020

MAPS 4 SIDEWALKS AND RELATED AMENITIES - PHASE 2A

in the office of the City Clerk, 2nd Floor, Municipal Building, 200 N. Walker, Oklahoma City, Oklahoma 73102, until 10:00:00 a.m., on the 30th day of April, 2025. Bids shall be opened electronically at the above stated time for receipt of bids or as soon thereafter as practicable.

Bids must be made in accordance with this Notice to Bidders and the Bidding Documents, which are on file and available for examination at https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts.

Bidders must pre-register for Electronic Bidding at https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts. Bidders shall be Pre-qualified in accordance with the City of Oklahoma City Ordinance No. 26,614 approved by City Council on December 8, 2020.

Pre-Bid Conference: A mandatory pre-bid conference will be held April 17th, 2025, at 2:00:00 p.m., in the EMBARK Conference Room, 431 West Main, Suite B, Oklahoma City, Oklahoma 73102.

Additional information is contained in the Bidding Documents. Prior to bidding this project, Bidders must carefully examine the Bidding Documents, Addenda (if any), and the City of Oklahoma City Standard Specifications for the Construction of Public Improvements.

https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts

MAPS 4 Sales Tax ITB 1

INSTRUCTIONS TO BIDDERS

ARTICLE 1 – IN GENERAL

1.0 ACCESS

1.0.1 It is the policy of the City to ensure that communications with participants and members of the public with disabilities are as effective as communications with others. Anyone with a disability who requires an accommodation, a modification of policies or procedures, or an auxiliary aid or service in order to participate in a meeting should contact City Staff or TDD 297-2020 as soon as possible but not later than 48 hours (not including weekends or holidays) before the scheduled meeting. The department will give primary consideration to the choice of auxiliary aid or service requested by the individual with disability.

1.0.2 The City does not provide access to a computer for electronic bidding or electronic bid submission.

1.1 BIDDING DOCUMENTS; DEFINITIONS

1.1.1 The “Bidding Documents” consist of: the “Bid Package”, Project Plans, Standard Specifications, Special Provisions and the documents referenced or incorporated, Bid Security or Bid Bond, Addenda and Contract and Bond Forms. Electronic copies of the Bidding Documents are available through the Electronic Bidding Program.

The “Bid Package” consists of: Bid Package Cover Sheet; Notice to Bidders; Instructions to Bidders; List of Documents Required for this Bid; Signature Requirements for Bidding Documents; Item Response Form; Anti/Non-Collusion Affidavit; Business Relationship Affidavit; Small, Minority, and Local Business Subcontracting Affidavit/Plan; any other documents listed in the List of Documents Required for this Bid; and any Addenda issued prior to the Bid Date.

Each Bidder shall be responsible for submitting their Bid in accordance with the Contract Documents, including all Addenda. Additionally, each Bidder shall be responsible for acquiring and distributing the necessary documents required to develop the Bid and construct the project.

The “Contract Documents” consist of: Bidding Documents; Contract; Performance Bond;

Statutory Bond; Maintenance Bond; Defect Bond, if required; Certificate of Insurance;

Certificate of Nondiscrimination; Special Provisions; Project Plans, Standard Specifications;

other documents provided in the Contract Documents or required to be submitted with the Bidding Documents; and all Addenda issued prior to the Bid Date. Any Amendments and/or Change Orders issued after the award of Contract shall be a part of the Contract Documents upon their approval by the City.

1.1.2 The Definitions set forth in Part 1 of the City’s “Standard Specifications for Construction of

Public Improvements,” and in the Bid Documents, are applicable to the Bidding Documents.

1.1.2.a Acceptance. Shall mean the formal, recorded acceptance of the project by the City Council.

MAPS 4 Sales Tax ITB 2

1.1.2.b Addenda. Written or graphic instruments issued by the Program Manager and the City Engineer prior to the Bid Date, which modify or interpret the bidding documents by additions, deletions, clarifications, or corrections.

1.1.2.c Alternate Bid (or Alternate). An amount stated in the bid to be added to or deducted from the amount of the base bid if the corresponding change in the work, as described in the bidding documents, is accepted.

1.1.2.d Architect/Engineer. That person or firm under contract with the City to prepare the plans and specifications for and supervise the construction of the work, 1.1.2.e Base Bid. The sum stated in the bid for which the Bidder offers to perform the work described in the bidding documents as the base, to which work may be added or from which work may be deleted, for sums stated in alternate bids.

1.1.2.f Bid. A complete and properly signed proposal to perform the work for the sums stated therein, submitted in accordance with the Bidding Documents. A submission shall not be considered a bid if it is untimely. A submission by a proposed Contractor or Bidder who is not pre-qualified shall not be considered a bid unless prequalification is specifically waived in the Bidding Documents.

1.1.2.g Bid Date and Bid Time. The date and time for the receipt of bids as provided in the Notice to Bidders.

1.1.2.h Bid Security. The "Bid Security" is that security submitted with the Bid which shall be in the form of a certified check, cashier's check or Bid Bond equal to five percent (5%) of the Bid or of an irrevocable letter of credit in the amount of five percent (5%) of the Bid and issued in accordance with the provisions of the Public Competitive Bidding Act of 1974, as amended. (61 Okla. Stat. 2011, §107) The calculation of the amount of the Bid Security shall be as provided in Section 4.2.1 of these Instructions to Bidders. Provide the Bid Bond through the Electronic Bidding Process. Irrevocable Letters of Credit, certified check and/or cashier's check must be hand delivered to the Office of the City Clerk, 2nd Floor, Municipal Building, 200 N. Walker Avenue, Oklahoma City, Oklahoma 73102 prior to Bid Time.

1.1.2.i Bidder Acknowledgment. The “Bidder Acknowledgment” shall mean that the Bidder prepared this Bid and, before preparing the Bid, carefully read and examined the Bidding Documents and any other documentation or information. Bidder is familiar with and able to comply with all the provisions of the Bidding Documents. Bidder agrees that if this Bid is accepted, Bidder will enter into the Contract with the City of Oklahoma City and properly submit the required Bonds, documents, and insurance within seven (7) calendar days following the City’s notification of its intent to award Contract, unless such time is extended by the City Engineer. Bidder hereby agrees to commence work within ten (10) calendar days after the Work Order is issued by the City Engineer and to complete the work within the number of working days or by the calendar date specified in the Special Provisions of the Bidding Documents. Bidder encloses the Bid Security as required in Bidding Documents. The Anti/Non-Collusion Affidavit, in its entirety, is incorporated herein by reference.

MAPS 4 Sales Tax ITB 3

1.1.2.j City of Oklahoma City. The City of Oklahoma City, Oklahoma, a municipal corporation, and the duly authorized officers or agents of the City of Oklahoma City.

1.1.2.k City Staff or City Representative. Administrative managers and employees of the City under the supervision of the City Manager/Program Manager of the MAPS Office.

1.1.2.l Claim. A written demand by one of the parties seeking adjustment or interpretation of contract terms, payment of money or extension of time with respect to the terms of the contract. Claims must be made by written notice. The responsibility to substantiate claims shall rest with the party making the claim.

1.1.2.m Completed. Shall mean that the work shall have been constructed in accordance with the plans and specifications and other bidding documents and is fully completed, the final inspection(s) have been made, and any corrections made to the satisfaction of the Program Manager and City Engineer.

1.1.2.n Contract Documents. The Contract Documents represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein. No changes, amendments, or modifications of any of the terms or conditions of the Contract shall be valid unless reduced to writing and signed by both Parties. Except as otherwise provided, nothing contained in the Contract Documents shall be construed to create any contractual relationship between a) the City and the Contractor; b) the City and a subcontractor or sub- subcontractor; c) the Project Site Representative and the Contractor;

or d) any persons or entities other than the City and the Contractor. This Contract shall be construed in accordance with the laws of the State of Oklahoma. In any action initiated by one party against the other, venue shall lie in Oklahoma County, Oklahoma.

1.1.2.o Contractor. The construction company that is contracted by the City to erect, build, or supply materials for the projects or other related Program requirements.

1.1.2.p Director of Public Works/City Engineer. The administrative officer of the City in charge of engineering, construction and maintenance contracts in public rights-of-way and design and construction of City capital improvement projects.

1.1.2.q Drawings. The graphic and pictorial portions of the Contract Documents, wherever located and whenever issued by the City showing the design, location, and dimensions of the work, generally including plans, elevations, sections, details, and diagrams.

1.1.2.r Electronic Bidding Process. The “Electronic Bidding Process” shall mean a bid process through electronic means only. All signatures will be applied through electronic methods. Electronic Bidding Process is available at https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts.

1.1.2.s Local Business Utilization Program. A program to encourage participation of local architects, engineers, contractors and suppliers, minority and otherwise, in the development and construction of the projects.

MAPS 4 Sales Tax ITB 4

1.1.2.t MAPS 4 Program. The capital improvement initiative, including all administrative services and management for design and construction of sixteen projects all funded by the City’s limited- term excise tax.

1.1.2.u MAPS 4 Citizens Advisory Board. The board appointed to review all MAPS 4 projects and to make recommendations to City Council.

1.1.2.v Prequalification or Pre-qualified. Shall mean that prior to the Bid Date the Bidder is listed by the Contractor’s prequalification board as pre-qualified for the type or types of work required for the project.

1.1.2.w Product Data. Illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the work.

1.1.2.x Program Consultant. The planning, design and program management firm engaged by the

City to assist in the development and implementation of the capital improvement and equipment purchase projects funded by the City’s limited-term excise tax.

1.1.2.y Program Manager. The manager of the Program assigned by the City Manager.

1.1.2.z Project. The total construction of which the work performed under the Contract Documents may be the whole or a part and which may include demolition/construction by the City or by separate contractors.

1.1.2.aa Project Site Representative. A representative employed by the City to perform construction inspection for the project.

1.1.2.bb Samples. Physical examples that illustrate materials, equipment or workmanship and establish standards by which the work will be judged.

1.1.2.cc Shop Drawings. Drawings, diagrams, schedules, and other data specifically prepared for the work by the Contractor or a subcontractor, sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the work.

1.1.2.dd Substantial Completion. Substantial completion means completion of the project allowing the occupancy permit for the building and/or site to be obtained by the Contractor and for the facility and/or site to be utilized for its intended use.

1.1.2.ee City Staff or City Representative. Administrative managers and employees of the City under the supervision of the City Manager/Program manager of the MAPS Office.

1.1.2.ff Unit Price. An amount stated in the bid as a price per unit of measurement for materials, equipment or services or a portion of the work as described in the bidding documents.

MAPS 4 Sales Tax ITB 5

1.1.2.gg Work. The work for the project shall include the entire project as it is defined in the bidding documents.

1.2 CONFIDENTIALITY

1.2.1 No Bidder shall divulge the sealed contents of a bid to any person whomsoever, except those having a partnership or other financial interest with the Bidder in said bid, until after the sealed Bids have been opened. A violation on the part of the Bidder shall make void any Contract made by the Bidder with the City based upon such bid.

1.3 PREQUALIFICATION AND LICENSES

1.3.1 Specific procedures for prequalification are as adopted and amended by City Council in the City’s “Standard Specifications for the Construction of Public Improvements.” Application for prequalification must be made to the Contractor’s Prequalification Board and the required information provided to the Board. Unless prequalification is specifically waived in the Bidding Documents for the project or by formal City Council action, all Bidders must be listed by the Contractor’s Prequalification Board as “pre-qualified” for the type or types 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.

1.3.2 Bidder’s shall be Pre-qualified for the specific type or types of construction, as provided in the Bidding Documents and the City’s “Standard Specifications for the Construction of Public Improvements.” Unless prequalification is specifically waived in the Special Provisions for the project, the City Clerk will not tabulate the submission of any proposed Contractor or Bidder who is not listed, at the time for receipt of Bids, as Pre-qualified for the type or types of work required for the project and such submission will not be considered by the City Council.

1.3.3 The prequalification requirements for the project are set forth in the Special Provisions of the

Bidding Documents.

1.3.4 Regardless of whether or not prequalification is required, any proposed Contractor or Bidder must have obtained any license or licenses required by the City which is/are necessary to the accomplishment of the work. Such license(s) must have been obtained prior to the submission of a bid on the project. Failure to possess the necessary license(s) is reason for a recommendation to the City Council that a Contract not be awarded.

1.4 SALES TAX

1.4.1 Title 68 Oklahoma Statutes (1991) Section 1356 (I) exempts sales to municipalities and their contractors from sales taxes on the sale of “tangible personnel property or services.” All Bids made for City projects shall be assumed to have been made based on such statutory exemption as effective on the Bid Date. The City shall not pay any sales tax and shall not reimburse the Contractor for any tax on purchases by the Contractor except as included in the unit price. No change orders or amendments shall be approved for reimbursement of sales tax or changes in sales tax. A change in sales tax shall not be deemed a change in conditions of the Contract.

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1.4.2 Any interpretation of or procedure for the sales tax exemption must be sought from the Oklahoma Tax Commission or the Bidder’s legal counsel.

1.5 CONTRACT

1.5.1 The awarding of a Contract upon a successful bid shall give the Bidder no right to action or claim against the City upon such Contract until the same shall have been reduced to writing and duly signed by the contracting parties.

1.6 STANDARD SPECIFICATIONS

1.6.1 The City of Oklahoma City’s “Standard Specifications for the Construction of Public Improvements,” as adopted and amended by the City Council, shall govern all aspects of bidding for and construction of the project. Exceptions to the “Standard Specifications” will be set forth in these Instructions to Bidders or in the Special Provisions and/or the Special Provisions – Technical. The Special Provisions shall prevail over any conflicting statement in the Standard Specifications. The “Standard Specifications” are available for review at www.okc.gov or purchase in the Development Center, 8th Floor, 420 W. Main Street, Oklahoma City, Oklahoma, 73102.

1.7 ELECTRONIC BIDDING

1.7.1 The Electronic Bidding Process is available at

https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts.

1.7.2 Bidders must preregister for Electronic Bidding at

https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts. prior to completing, signing and submitting a bid on this project.

ARTICLE 2 – BIDDER’S REPRESENTATIONS

2.1 The Bidder by making a bid represents that:

2.1.1 The Bidder has read carefully and understands the Bidding Documents and has visited the site and become familiar with local conditions under which the work is to be performed and has informed himself by independent research of the difficulties to be encountered and personally judged the accessibility of the work and all attending circumstances affecting the cost of doing the work and of the time required for its completion and has correlated the Bidder’s personal observations with the requirements of the Bidding Documents and the bid is made in accordance therewith.

2.1.2 The Bidder has read and understands the Bidding Documents to the extent that such documentation relates to the work for which the bid is submitted and for other portions of the work, if any, being bid concurrently or presently under construction.

2.1.3 The bid is based upon the materials, equipment, systems or services required by the Bidding Documents without exception.

http://www.okc.gov/ https://www.bidnectdirect.com/oklahoma/cityofoklahomaandtrusts

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2.1.4 The Bidder has read and acknowledges that by confirming the Bid electronically, the Bidder is accepting the Bidder Acknowledgment as defined in section 1.1.2.r.

ARTICLE 3 – BIDDING DOCUMENTS

3.1 COPIES

3.1.1 The Bidding Documents are available through the Electronic Bidding Process

3.1.2 Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the City nor the consulting Architect or consulting Engineer assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

3.2.1 The Bidder shall carefully study and compare the plans with the specifications, Bid Form and other Bidding Documents. The Bidder shall compare the project to be bid with other work being bid concurrently or presently under construction to the extent that it relates to the work for which the bid is submitted. The Bidder shall examine the site and local conditions. The Bidder shall at once report to the Program Manager any errors, inconsistencies or ambiguities discovered. All requests for interpretation of the Bidding Documents must be made to the Program Manager.

3.2.2 Addendum Required. The Bidding Documents represent all the information the City will provide. Interpretations and corrections of and/or changes to the Bidding Documents will be made only by addendum. Such addenda shall be issued by the Program Manager and City Engineer and shall have been recommended by the Program Manager and City Engineer and approved or ratified by the City Council. Interpretations and/or changes made in any other manner will not be binding upon the City and Bidders shall not rely upon them. All addenda will be issued through the Electronic Bidding process.

3.3 SUBSTITUTIONS

3.3.1 The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. The Notes to Buyer box in the Electronic Bidding Process cannot be used for substitutions. Using the Notes to Buyer box may result in the Bid being rejected.

3.3.2 Pre-Bid Consideration; Addendum required. No substitution will be considered prior to the receipt of bids unless a written request for approval has been received by the Program Manager within seven (7) days prior to the Bid Date. Such requests shall include the name of the material, product, or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, products, equipment or other portions of the work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included in the request. The burden of proof of the merit of the proposed substitution is upon the proposer.

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3.3.3 If a proposed substitution is approved prior to Bid Date, such approval will be set forth in an addendum issued by the Program Manager and the City Engineer and approved or ratified by the City Council. Bidders shall not rely upon approvals made in any other manner.

3.3.4 Post-Contract Consideration. Substitutions may be considered after the award of Contract unless specifically prohibited in the Bidding Documents. However, any Bidder basing a bid on a substitution not approved by pre-bid addendum does so at the risk of being required to provide the materials designated in the Bidding Documents.

3.4 ADDENDA DELIVERY AND RECEIPT

3.4.1 The City Engineer may issue addenda as may be necessary in the best interest of the City.

Addenda may amend the date and/or time for receipt of Bids or any specification, item, document, or requirement in the Bidding Documents. Addenda will be delivered through the Electronic Bidding Process. It shall be the obligation of the Bidder to ascertain through the Electronic Bidding Process prior to the Bid Date, whether Bidder has received all addenda.

Bidder has the obligation to read and comply with the terms of the Bidding Documents as amended by addenda, if any.

3.4.2 Copies of addenda will be made available for inspection through the Electronic Bidding

Process.

3.4.3 The Electronic Bidding Process shall be considered proof that the City delivered notification of an addendum to a Bidder.

3.5 MANDATORY PRE-BID CONFERENCE

3.4.4 The City requires all prospective Bidders to attend a Pre-Bid Conference as a prequalification requirement to be eligible to submit a sealed bid. Attendance is a prequalification requirement for this project. The Contractor who plans to submit a bid must attend this conference. Failure to attend this conference will cause the City Clerk to return the Bidder’s submission unopened.

The purpose of the conference is to discuss the plans and specifications.

NOTE: The Pre-Bid Conference will begin at the designated time; a sign-in sheet will be passed to all attendees; only full-time employees of the prospective Bidder’s company will be considered as eligible representatives for attendance; and, five minutes after the meeting is called to order, the sign-in sheet will be closed (late arrivals will not be allowed to sign in).

The official timekeeper for closing the sign-in sheet shall be the Program Manager or staff member chairing the Pre-Bid Conference.

In the case of a joint venture, an eligible representative from each of the participating organizations in the joint venture must be in attendance. Sub-contractors are not required to attend.

The following will not be eligible to bid on the Project (1) prospective Bidders leaving the meeting prior to adjournment of the Pre-Bid Conference; (2) prospective Bidders whose names have been placed on the sign-in sheet, but were not in attendance; or (3) anyone arriving at the Pre-Bid Conference after the sign-in sheet has been closed.

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Prospective Bidders leaving the conference prior to adjournment, or whose name has been placed on the sign-in sheet (but was not in attendance), or anyone arriving at the Pre-Bid Conference after the sign-in sheet has been closed, will not be eligible to bid on the project.

3.4.5 Provision for Interpreters. In compliance with the provisions of the Americans with

Disabilities Act, upon twenty-four (24) hours’ notice to the Program Manager, a sign language interpreter will be provided for the Pre-Bid Conference.

ARTICLE 4 – BIDDING PROCEDURES

4.1 FORM AND STYLE OF BIDS

4.1.1 The Bid must be submitted through the Electronic Bidding Process.

4.1.2 All forms, all blanks and all affidavits must be completed, signed, and submitted through the Electronic Bidding Process.

4.1.3 All prices must be completed and submitted electronically. Where so indicated by the makeup of the Item Response Form, sums shall be expressed in numerals. All base bid items must have a price indicated. All alternate bids, whether add alternates or deduct alternates, must have a price indicated, unless expressly stated otherwise in the Special Provisions. Should the Special Provisions expressly state that Bidders need not bid on all alternates, a Bidder that does not wish to bid on that add/deduct alternate bid must enter “No Bid” into the Notes to Buyer box and a bid of “zero dollars” must be entered for that line item.

4.1.4 Where detailed or unit prices are requested or required in the Bidding Documents, the Bidder must complete and submit detailed or unit prices on the Item Response Form and the total bid amount shall be the cumulative total of the detailed or unit prices.

Unless otherwise provided in the special provisions, where unit prices are bid, payments and claims will be based on actual quantities used. Any substantial change(s) in quantities required to complete the work will require a Contract amendment and any deduction or increase in payment will be based on unit prices and actual verified and authorized quantities.

4.2 BID SECURITY

4.2.1 Each Bid shall be accompanied by a Bid Security in the form of a Bid Bond and/or irrevocable letter of credit or a certified check and/or cashier's check delivered by bid receipt time, in the amount of five percent (5%) of the amount of the Bid. Bid Bonds must be uploaded in the Electronic Bidding Process and must be submitted electronically with the Bid.

Irrevocable Letters of Credit, certified check and/or cashier’s check must be hand-delivered to the Office of the City Clerk, 2nd Floor, Municipal Building, 200 N. Walker Avenue, Oklahoma City, Oklahoma 73102, in a sealed envelope with notations including the Bidder’s name, the project number and “Bid Security,” prior to Bid Time. For the purposes of this section, Bid shall mean the highest combination of the base bid plus all add/deduct alternate bids. The Bid Security is a guaranty that the Bidder will enter into a Contract with the City on the terms stated in the Bid and will furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds as required and/or the required certificates of

MAPS 4 Sales Tax ITB 10 insurance and other required documents, the amount of the Bid Security shall be forfeited to the City as liquidated damages, not as a penalty.

4.2.2 The City has the right to retain the Bid Security of Bidders until either (a) the Contract and bonds and other required documents have been executed or submitted by the successful Bidder, or (b) the specified time to award Bids has elapsed so that Bids may be withdrawn in accordance with State law, or (c) all Bids have been rejected, or (d) another Bidder has been determined to be the successful Bidder.

4.3 SUBMISSION OF BIDS

4.3.1 The Item Response Form and affidavits, the Bid Security and any other documents required to be submitted with the Bid shall be submitted through the Electronic Bidding Process. Bids will only be accepted electronically per Oklahoma City Municipal Code 2-871.

4.3.2 All Bids from prequalified Bidders timely received may be considered by the City prior to a

Contract being awarded. Bids shall be electronically delivered through the Electronic Bidding Process, not more than 96 hours, excluding Saturdays, Sundays, and holidays, prior to the Bid Date and Bid Time. All Bids received before more than 96 hours before the Bid Date and Bid Time will not be considered. Submissions will not be received after the time and date for receipt through the Electronic Bidding Process.

4.3.3 The Bidder shall assume full responsibility for timely completion and submission of the Bid through the Electronic Bidding Process.

4.3.4 Any bid not submitted through the Electronic Bidding Process is invalid and will not receive consideration.

4.3.5 The Bid affidavits must be properly completed, signed, sworn to, notarized, and submitted with the Bid electronically.

The required affidavits are:

(1) Anti/Non-Collusion Affidavit

(2) Business Relationship Affidavit

(3) Such other Affidavits as may be required by law.

4.4 BIDS NOT TO BE MODIFIED OR WITHDRAWN

4.4.1 No Bid shall be withdrawn, altered, changed, executed, or otherwise revised in any manner by any Bidder once delivered to the City Clerk through the Electronic Bidding Process.

ARTICLE 5 – CONSIDERATION OF BIDS

5.1 OPENING OF BIDS; TIME FOR CONSIDERATION

5.1.1 Bids properly submitted and timely received will be opened publicly and will be read aloud in the presence of the City Clerk, the City Auditor and the Purchasing Agent or their designees at the time stated in the Notice to Bidders. Opened bids will remain on file in the office of the City Clerk for at least forty-eight (48) hours before a Contract is entered into. A tabulation of

MAPS 4 Sales Tax ITB 11 bid information may be made available to the Bidders within a reasonable time.

5.1.2 The award of Contract shall be made within thirty (30) days after the opening of bids unless the City, by formal recorded action and for good cause shown, provides for a reasonable extension of that period, or unless otherwise specifically stated in the Bidding Documents.

The extension shall be for no more than fifteen (15) days where only state and local funds are involved or for no more than ninety (90) days where federal funds are involved.

5.2 REJECTION OF BIDS

5.2.1 The City will consider and reserve the right to reject any or all Bids, and all Bids submitted are subject to this reservation.

5.2.2 A bid shall be rejected for any of the following specific reasons:

a) The Bid Form is not signed by the Bidder or Bidder’s authorized agent

b) The Non-Collusion Affidavit, as required by the City Charter and the Oklahoma

Competitive Bidding Act, has not been submitted with the Bid; the text of the affidavit has been altered; and/or the affidavit is not properly signed and/or notarized (61 Okla.

Stat. (1991) § 115 and Oklahoma City Charter, Article IX § 4)

c) The Business Relationship Affidavit, as required by the Oklahoma Competitive Bidding Act, has not been submitted with the Bid; the text of the affidavit has been altered; has not entered requested information, if any, in the blanks provided; and/or the affidavit is not properly signed or notarized (61 Okla. Stat. (1991) §108)

d) The Bid Security or Bid Bond, as required by the Oklahoma Competitive Bidding Act, is not attached to the Bid (61 Okla. Stat. (1991) §107)

e) The Bid fails to comply with any other requirements of City, State, or federal law and/or any other forms required by the Bidding Documents are not properly completed and submitted.

5.2.3 A bid may be rejected based on the following reasons:

a) A Bid price obviously unbalanced

b) Total Bid price above the City’s estimate of total cost

c) Bids that are incomplete, such as required signatures or material irregularities.

d) Bidder is not pre-qualified unless prequalification is waived in Special Provisions

5.2.4 The City reserves the right to waive immaterial defects and irregularities.

5.3 ACCEPTANCE OF BID AND AWARD OF CONTRACT

5.3.1 It is the intent of the City to award a Contract to the lowest and best Bidder provided the bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the Architect’s/Engineer’s contract fixed limit of construction cost. The City shall have the right to waive immaterial defects or irregularities in a bid received and to accept the bid, which, in the City’s judgment, is in its own best interests.

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5.3.2 The City shall have the right to accept alternates in any order or combination, and to determine the lowest and best Bidder on the basis of the sum of the base bid and such alternates accepted by the City at its discretion.

5.3.3 Should a Bidder who is awarded a Contract upon a bid fail to execute and provide the Contract and bonds or to provide the required certificates of insurance and/or any other required documents, the City reserves the right to offer the Contract to the Bidder deemed to be the next lowest and best Bidder.

ARTICLE 6 – CONTRACT AND BONDS

6.1 BOND AND INSURANCE REQUIREMENTS

6.1.1 The Program Manager will provide the successful Bidder one (1) complete set of the Documents associated with the Contract and Bonds (Contracts, bond forms, insurance certificates, Contractor Identification Number form, etc.). The Successful Bidder will execute the Contract Documents with original signatures on each and return the Contract Documents and executed insurance certificates to the Program Manager within seven (7) calendar days following notification of award or intent to award Contract unless that time is extended by the Program Manager and City Engineer. Prior to the project bid opening date, all Bidders should make arrangements with their respective insurance and bonding company(s) to complete (or be prepared to immediately complete) all required insurance and bond documents in the event of selection as lowest and best Bidder for the project and in order to meet the seven (7) calendar day Contract document return deadline.

6.1.2 The Successful Bidder shall at its own cost provide the following bonds on the forms, or photocopies thereof, provided. The properly executed bonds shall be provided by the successful Bidder with the Contract within seven (7) calendar days following the City’s notification of its intent to award Contract unless additional time is granted by the City. No work order shall be issued until the required Contract, bonds and insurance have been obtained by the Successful Bidder, provided to the Program Manager, and approved by the City Council.

The required bonds are: Performance Bond, Statutory Bond, Maintenance Bond, and when required, Defect Bond for any Successful Bidder who doesn’t meet the requirements in item

(d) below. The bonds are generally described as follows:

a) Performance Bond, which guarantees completion of the project intended in the Bidding

Documents and the Contractor’s full and faithful execution of the work and performance of the Contract and for the protection of the City and all property owners against any damage by reason of acts or omissions of the Contractor or the improper execution of the work or the use of inferior, non-compliant defective materials, or equipment. The Performance Bond shall be made in favor of the City of Oklahoma City.

b) Statutory Bond, which guarantees the Contractor will make payment for all labor, materials and equipment used in or for the project and/or for the performance or provision of the work. The Statutory Bond shall be made in favor of the State of Oklahoma.

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c) Maintenance Bond, which guarantees the maintenance in good condition of the workmanship and materials and the operation of the project as intended in the Bidding Documents for a specified period after completion and final acceptance of the project by City Council. The term of the Maintenance Bond is provided in the Special Provisions of the Bidding Documents. The Maintenance Bond will be in the amount equal to one hundred percent (100%) of the Contract amount. Unless otherwise provided in the Special Provisions, the term of the Maintenance Bond shall be as follows:

1 Year: Street resurfacing Projects 2 Years: All other projects

The Maintenance Bond shall be made in favor of the City of Oklahoma City.

d) Defect Bond, which guarantees the Successful Bidder shall timely repair any defect and maintain or provide for the timely maintenance of any repair on the Project for the term of the Maintenance Bond. The Defect Bond will be in an amount equal to one hundred percent (100%) of the Contract amount. The Defect Bond shall be executed in favor of the City of Oklahoma City. The successful Bidder shall comply with one of the following provisions:

1. The Successful Bidder has shown proof of the Contractor’s intentions to perform and maintain for the specified period of Maintenance Bond tenure by establishing within a forty (40) mile radius of the office of the Program Manager, 420 W. Main Street, Oklahoma City, Oklahoma, 73102,

a. A business address (as defined in the Oklahoma City Municipal Code).

b. With a telephone (staffed by competent employees approved by the Program

Manager under whose supervision the Work will be performed).

c. A yard (as defined in the Oklahoma City Municipal Code) equipped with sufficient necessary equipment available 24 hours-a-day to perform and maintain all classes and subclasses of Work for which the Contractor is pre-qualified to Bid.

d. This office and yard as equipped shall have been established prior to the time the applicant submits the Contractor’s application for qualification.

2. Successful Bidder opts to have the City retain a sum equal to fifteen percent (15%) of the total Contract amount for the extent of the maintenance period; or

3. Successful Bidder opts to provide a properly executed Defect Bond. The duration of the Defect Bond shall be the same duration as the Maintenance Bond.

6.1.3 The cost of such bonds shall be included in the amount of the bid.

6.1.4 The City may, by formal action, reject/not accept any bond if the surety issuing the bond is:

(1) now in default or delinquent on any demand on any bond; (2) is an adverse party to the City of Oklahoma City or any of the City’s participating public trusts in any litigation involving bonds issued in favor of the City of Oklahoma City or any of the City’s participating public trusts; or, (3) is not licensed or otherwise permitted to do business in the State of Oklahoma.

6.1.5 The Successful Bidder must provide certificates of insurance in the forms and amounts required in the Special Provisions.

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6.2 TIME OF DELIVERY CONTRACTS, BONDS AND INSURANCE

6.2.1 The Bidder shall deliver the required Contract and bonds, together with the certificates of insurance as required in the Special Provisions, to the Program Manager no later than seven

(7) calendar days following notification of intent to award Contract, unless that time is extended by the Program Manager and City Engineer.

6.2.2 The date blanks on the Bonds shall be left blank. The dates will be inserted by the City upon approval of the Contract and Bonds by the City Council.

6.2.3 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

The provisions for the competitive bidding of City projects and the form of and requirements for the Bidding Documents are governed by the Charter and Ordinances of the City of Oklahoma City, the Oklahoma Competitive Bidding Act, the City of Oklahoma City’s “Standard Specifications for the Construction of Public Improvements,” Resolution #93-01 of June 22, 1993, and other adopted policies of the City Council.

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SPECIAL PROVISIONS

PROJECT M4-TS020

MAPS 4 SIDEWALKS AND

RELATED AMENITIES - PHASE 2A

These special provisions are included in and are a part of the bidding documents for this project.

1. Standard Specifications for the Construction of Public Improvements. The City of Oklahoma City’s “Standard Specifications for the Construction of Public Improvements” as most recently amended, is included by reference in these Bidding Documents in its entirety as though fully set forth herein. The provisions of the “Standard Specifications of the Construction of Public Improvements” are applicable to and binding upon this project unless and except where superseded by a provision(s) of the Instructions to Bidders or the Special Provisions for this project. The Special Provisions shall prevail over any conflicting statement in or requirement of the Instructions to Bidders or the Standard Specifications.

Copies of the “Standard Specifications for the Construction of Public Improvements” may be purchased in the Development Center, 8th Floor, 420 W. Main Street, Oklahoma City, Oklahoma, 73102.

2. Nondiscrimination. Neither the Contractor nor any subcontractors employed on this project may discriminate against any employee or applicant for employment because of race, religion, creed, sex, color, national origin, ancestry, age or disability as defined by the Americans with Disabilities Act. A Certificate of Nondiscrimination must be properly signed and submitted with the Contract. The requirements of the Certificate must be included in any subcontracts connected with the performance of the Contract. The Contract may be canceled by the City for noncompliance with the provisions of the Certificate and the Contractor may be declared to be ineligible for further contracts until satisfactory proof of intent to comply shall be made by the Contractor and/or any subcontractors.

The "Notice of Equal Employment Opportunity" poster must be exhibited in a central and public location at the place of business by the Contractor and each subcontractor while the Contractor and any subcontractors are performing work on the project.

3. Sales Taxes. Title 68 Oklahoma Statutes (1991) Section 1356 (I) exempts sales to municipalities and their contractors from sales taxes on the sale of “tangible personnel property or services.” All Bids made for City projects shall be assumed to have been made based on such statutory exemption as effective on the Bid Date. The City shall not pay any sales tax and shall not reimburse the Contractor for any tax on purchases by the Contractor except as included in the unit price. No change orders or amendments shall be approved for reimbursement of sales tax or changes in sales tax. A change in sales tax shall not be deemed a change in conditions of the Contract.

4. Permits or Licenses. The Contractor must, at its own cost, secure all permits and licenses and pay all fees required by City ordinance or state statute and give all notices necessary and

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The Contractor shall secure and pay for all necessary and required permits and licenses including, but not limited to, building permit(s) and for all other permits and for all other fees, charges, taxes, licenses and inspections necessary for proper execution and completion of the work which are secured after execution of the Contract and which are legally required when bids are received. The Contractor shall secure and pay for all certificates of inspection and of occupancy that may be required by authorities having jurisdiction over work. No claims for delay may be made with reference to this paragraph.

5. Laws to be Observed. The Contractor shall at all times observe and comply with all Federal and State laws and regulations and all City of Oklahoma City Ordinances, Codes and regulations which in any manner affect the conduct of the work and shall observe and shall comply with all orders and decrees which exist at the present or which may be enacted later, of bodies or tribunals having jurisdiction or authority over the work and no plea of misunderstanding or ignorance thereof will be considered.

If the Contractor performs work knowing it to be contrary to laws, statutes, ordinances, building codes and rules and regulations, the Contractor shall assume full responsibility for such work and shall bear the attributable costs.

6. Safety. The Contractor shall be solely responsible for and shall establish and implement safety measures, policies and standards conforming to those required or recommended by governmental and quasi-governmental authorities including, but not limited to, the requirements of the United States Occupational Safety and Health Act.

7. Contract. The Contractor will enter into the Contract with the 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 Contract.

With the Contract, the Contractor will submit a properly signed Certificate of Nondiscrimination. 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 Program Manager and City Engineer.

8. Amendments and Change Orders. The provisions of the Contract may be amended or changed only by an amendment, or a change order approved by the City of Oklahoma City.

As used herein, the terms amendment and change order shall have the following meanings:

A. “Amendment” shall mean a modification to a construction contract which was bid on a unit price basis, and which modifies the quantity of an item or items based on the unit price stated in the bid. No amendment shall be effective until it has been approved by the City Council. (Amendments are not subject to the percent of contract cost limits set in the Oklahoma Competitive Bidding Act, 61 O.S. (2011) Section 121.)

B. “Change Order” shall mean a…