OCAT-PWA-2525 - Project Manual.pdf

OCAT 00005 Gulfstream Demolition – Phase 1

ARCHITECT/ENGINEER SIGNATURE PAGE

ARCHITECTURAL SPECIFICATION RESPONSIBILITY

FRANKFURT-SHORT-BRUZA ASSOCIATES, P.C

OKLAHOMA CERTIFICATION OF AUTHORITY NO. 00199

Expiration Date: JUNE 30, 2025

I hereby certify that the applicable portions of this project plans and specifications were prepared by me or under my responsible control and that I am a duly Licensed Architect under the laws of the State of

Oklahoma.

Seal and Signature Responsible For

MARK E. TIMBROOK, AIA, DBIA

PRINCIPAL

DIVISION 00 – PROCUREMENT AND CONTRACTING

REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 013100 PROJECT MANAGEMENT AND

COORDINATION

SECTION 013200 CONSTRUCTION PROGRESS

DOCUMENTATION

SECTION 013300 SUBMITTAL PROCEDURES

SECTION 017839 PROJECT RECORD DOCUMENTS

DIVISION 02 - EXISTING CONDITIONS

SECTION 024116 - STRUCTURE DEMOLITION

MARK E.

TIMBROOK

A08626

OCAT 00010-1 Gulfstream Demolition – Phase 1

TABLE OF CONTENTS

DIVISION 00 — PROCUREMENT AND CONTRACTING REQUIREMENTS

Document Name Document No.

Section 000 — General Information Project Title Sheet and Signature Page OCAT 00001 Specification Signature Page OCAT 00005 Table of Contents OCAT 00010 List of Drawings OCAT 00015 Solicitation for Bids OCAT 00020 Instructions to Bidders OCAT 00025

Section 100 — Federal Solicitation Requirements Not Used

Section 200 — Bid Documents Bid Documents – Cover Sheet OCAT 00200 Available via Electronic Bidding Process Only Anti/Non-Collusion Affidavit OCAT 00201

Business Relationship Affidavit OCAT 00202

Section 300 — Award Documents Award Documents – Cover Sheet OCAT 00300 Certificate of Non-Discrimination OCAT 00301 Immigration Affidavit OCAT 00302 Local Subcontractor Utilization Plan and Affidavit OCAT 00303

Section 400 — Contract Documents Contract Documents – Cover Sheet OCAT 00400 Construction Contract (Agreement) OCAT 00401 Certificate of Insurance Instructions and Form OCAT 00420 Performance Bond OCAT 00430 Statutory Bond OCAT 00440 Maintenance Bond OCAT 00450 Defect Bond OCAT 00460 Instructions for Uniform Claim Voucher and Invoice for Construction Services OCAT 00480 Uniform Claim Voucher and Invoice for Construction Services Form OCAT 00481 Contractor’s Itemized Breakdown for Change Order Request OCAT 00482 Certificate of Substantial Completion OCAT 00490 Release Form OCAT 00491 Local Subcontractor Business Utilization Closeout Report OCAT 00492

Section 500 — OCAT General and Supplementary Provisions OCAT General and Supplementary Provisions – Cover Sheet OCAT 00500 Subsection I - Definitions OCAT 00510 Subsection II - Information and Requirements for Bidders OCAT 00520 Subsection III - Award and Execution of Contract OCAT 00530 Subsection IV - Scope of Work OCAT 00540

Subsection V - Control of Work and Material OCAT 00550 Subsection VI - Legal Relation and Responsibility to the Public OCAT 00560 Subsection VII - Prosecution and Progress OCAT 00570 Subsection VIII - Measurement and Payment OCAT 00580 Supplementary Provisions OCAT 00590

OCAT 00010-2 Gulfstream Demolition – Phase 1

DIVISION 01 – GENERAL REQUIREMENTS

Project Management and Coordination 013100 Construction Progress Documentation 013200 Submittal Procedures 013300 Project Record Documents 017839

DIVISION 02 — EXISTING CONDITIONS (NATURAL CONDITIONS)

Structure Demolition 024116

OCAT 00015 Gulfstream Demolition – Phase 1

LIST OF DRAWINGS

G-001 COVER SHEET

1-S-001 GENERAL NOTES

1-SD100 SLAB DEMOLITION PLANS & SECTIONS

A-001 ABBREVIATIONS AND SYMBOLS

AS100 ARCHITECTURAL SITE PLAN

AS101 SITE PHOTOGRAPHS - MAIN FACTORY BUILDING

AS102 SITE PHOTOGRAPHS - MAIN FACTORY BUILDING

AS103 SITE PHOTOGRAPHS - MAIN FACTORY BUILDING INTERIOR

AD100 GROUND FLOOR OVERALL DEMO FLOOR PLAN

AD101 MEZZANINE ENLARGED DEMO FLOOR PLAN

AD102 SMITH FIRE STATION - OVERALL DEMO PLAN

AD401 ENLARGED DEMOLITION PLAN DETAILS

AE201 BUILDING ELEVATIONS

OCAT 00020-1 Gulfstream Demolition – Phase 1

SOLICITATION FOR BIDS

Notice is hereby given that the OKLAHOMA CITY AIRPORT TRUST will electronically receive sealed bids for:

PROJECT NO. OCAT PWA 2525

Gulfstream Demolition – Phase 1

Wiley Post Airport

FOR

OKLAHOMA CITY AIRPORT TRUST

OKLAHOMA CITY, OKLAHOMA

in the OFFICE OF THE CITY CLERK, Municipal Building, 200 North Walker Avenue, 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 shall be made in accordance with the Bidding Documents, which are on file with the City Clerk and available for examination at https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts.

Bidders shall pre-register for electronic bidding at https://www.bidnetdirect.com/public/user-registration?purchasingGroupId=93598201. Bidders shall be prequalified pursuant to Ordinance No. 26,614 approved by the City Council on December 8, 2020, or qualified as otherwise specified in the Bidding Documents. All affidavits and certifications identified and listed herein as Bidding Documents shall be properly executed and accompany the bid of each Bidder.

Bids electronically deposited more than ninety-six (96) hours, excluding Saturdays, Sundays, and holidays, before the time set for opening of bids, as well as bids received after the time set for opening of bids, will not be considered.

The OKLAHOMA CITY AIRPORT TRUST reserves the right to reject any and all bids and to waive any and all informalities.

A MANDATORY Pre-Bid Conference for the subject project will be held in the Wiley Post Airport Terminal Building, 5915 Phillip J Rhoads Ave, Bethany, OK 73008 at 10:00 a.m. on April 8, 2025. The only planned site visit will immediately follow the Pre-Bid Conference.

A cashier's check, certified check, irrevocable letter of credit, or surety bond payable to the OKLAHOMA CITY AIRPORT TRUST in the amount of five percent (5%) of the total bid shall accompany the bid of each Bidder. Bid Security will be returned to unsuccessful Bidders. The Bidder shall forfeit its bid security in the amount of five percent (5%) of the bid amount for failure to deliver to the Oklahoma City Airport Trust a properly executed agreement, bonds, and certificate(s) of insurance within ten (10) days of written notification of the Award of Contract to Bidder.

The TRUST may require up to forty-five (45) days from receipt of bids to award of contract.

The Oklahoma City Airport Trust, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that, for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no business be discriminated against on the grounds of race, color, or national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

This is not a Federally funded project.

END OF SECTION

OCAT 00025-1 Gulfstream Demolition – Phase 1

SUMMARY OF INSTRUCTIONS TO BIDDERS

Refer to General Provisions for instructions regarding preparation of bids, bid security, filing of bids, modification of bids, irregular bids, rejection of bids, and disqualification of bidders.

The “Electronic Bidding Process” shall mean a bid process through electronic means only. All signatures will be accepted through electronic methods. The Electronic Bidding Process will be available at

.https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts. For assistance in completing the Electronic Bidding Process, please contact Bidnet via e-mail at support@bidnet.comor telephone at 800- 835-4603.

Affidavits: Download, review, complete, sign, and re-upload the Anti/Non-Collusion Affidavit and Business Relationship Affidavit forms in the Electronic Bidding System.

Bidding and Awarding Requirements: Refer to State of Oklahoma "Public Competitive Bidding Act of 1974" and/or the Public Trust Act provisions with additions and amendments thereto.

PRE-BID CONFERENCE

A MANDATORY Pre-Bid Conference for the subject project will be held in the Wiley Post Airport Terminal Building, 5915 Phillip J Rhoads Ave, Bethany, OK 73008 at 10:00 a.m. on April 8, 2025. The only planned site visit will immediately follow the Pre-Bid Conference.

PREQUALIFICATION OF CONTRACTORS

Bidders on this Project must be prequalified with The City of Oklahoma City, Oklahoma. See OCAT 00620 and OCAT 00690 for specific qualifications requirements.

ELECTRONIC SIGNATURE

Only a person having the legal authority to bind the Bidder may submit a Bid through the Electronic Bidding Process. The Bidder is responsible for ensuring that only an authorized agent submits a Bid on behalf of the company through the electronic process. Bidders shall take whatever steps necessary to ensure that the person submitting the Bid is their authorized agent.

BONDS

Bid Security: Furnish with the Bid as required in Bidding Documents.

Contract Bonds: See General Provisions and forms bound in Specifications.

• Performance Bond.

• Statutory Bond.

• Maintenance Bond.

• Defect Bond (when required).

FEES AND PERMITS

• The fees for all required permits shall be paid by the Contractor.

• The Contractor, his employees, agents and sub-contractors are solely responsible for applying for and obtaining all required City, County and State permits, licenses and inspections.

• The Contractor, his employees, agents and sub-contractors shall pay and bear all expense of all sales tax and other taxes pertaining to the project.

CONDITIONS RELATING TO CONSTRUCTION

Bidders shall fully inform themselves of conditions relating to construction and labor under which the work will be performed.

EXAMINATION OF DOCUMENTS AND CONSTRUCTION SITE

Prior to submitting a Bid, examine the Bidding and Contract Documents and examine the site of the work to obtain first-hand knowledge of all existing conditions under which Bidder will be required to operate.

Successful Bidder will not be given extra payments for conditions which can be determined by examining the Documents and site.

OCAT 00025-2 Gulfstream Demolition – Phase 1

Errors, inconsistencies, or omissions discovered in the Bidding and/or Contract Documents must be reported to the Project Manager through the Electronic Bidding Process at least seven (7) days prior to Bid Date, and will be corrected by addenda when applicable. If Bidder does not notify the Project Manager of any such conditions, it will be assumed all items of work and materials have been included in his Bid.

CONSTRUCTION CONTRACT

The Construction Contract between the successful Bidder and the Trust will be in the form contained in the Project Manual with any necessary information included.

DOCUMENTS REQUIRED TO BID

The following items are required to be electronically filed with the Bid:

• Electronic Bid Items

• Bid Security

• Anti/Non-Collusion Affidavit

• Business Relationships Affidavit

DOCUMENTS REQUIRED FOR CONTRACT AWARD

• Construction Contract

• Certificates of Insurance

• Performance Bond

• Statutory Bond

• Maintenance Bond

• Defect Bond (when required)

• Certificate of Nondiscrimination

• Immigration Affidavit

• Local Subcontractor Business Utilization Plan and Affidavit

The following items will be executed by the successful Bidder upon completion of the Contract:

• Release Form

• Local Subcontractor Business Utilization Close Out Report

END OF SECTION

OCAT 00200-1 Gulfstream Demolition – Phase 1

SECTION 200

BID DOCUMENTS

Project No. OCAT PWA 2525

Wiley Post Airport for

Oklahoma City Airport Trust Oklahoma City, Oklahoma

Bid Documents are ONLY Available via Electronic Bidding Process

Download, complete, execute, and upload the Anti/Non-Collusion Affidavit and Business Relationship Affidavit forms in the Electronic Bidding System

OCAT 00201-1 Gulfstream Demolition – Phase 1

OCAT 00201-2 Gulfstream Demolition – Phase 1

OCAT 00202-1 [Project Name]

OCAT 00202-2 [Project Name]

OCAT 00300-1 Gulfstream Demolition – Phase 1

SECTION 300

AWARD DOCUMENTS

Wiley Post Airport for

OCAT 00301-1 Gulfstream Demolition – Phase 1

CERTIFICATE OF NON-DISCRIMINATION

BIDDER MUST RETURN THIS EXECUTED FORM WITH THE CONTRACT DOCUMENTS

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

A. The Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, ancestry, age or disability. The Contractor shall take affirmative action to ensure that employees are treated without regard to their race, creed, color, national origin, sex, ancestry, age or disability, as defined by the Americans With Disabilities

Act of 1990, Section 3 (2). Such actions shall include, but not be limited to, the following:

employment, upgrading, demotion, or transfer, or pay or other forms of compensation and selection for training, including apprenticeship. The Contractor and Subcontractors shall agree to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the City Clerk of the City of Oklahoma City setting forth the provisions of this Section.

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

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

I have read the above stated clause and agree to abide by its requirements.

ATTEST: (Corporate Seal) [NAME OF CONTRACTOR] Name of Corporation or Firm

Signature Signature

Type or Print name and title of person signing. Type or Print name and title of person signing.

If Contractor's company is not incorporated, no corporate seal is required, however, the following statement must be executed.

STATE OF )

) ss.

COUNTY OF )

Subscribed and sworn to before me this _______ day of ________________________, _________.

My Commission No:

My Commission expires:

Notary Public (Seal)

OCAT 00302-1 Gulfstream Demolition – Phase 1

IMMIGRATION AFFIDAVIT

NOTICE of “OKLAHOMA TAXPAYER AND CITIZEN PROTECTION ACT OF 2007”

BIDDER MUST RETURN THIS EXECUTED FORM WITH THE CONTRACT DOCUMENTS

The State of Oklahoma enacted the “Oklahoma Taxpayer and Citizen Protection Act of 2007” which prohibits entities and persons entering into a contract with a public employer for the physical performance of services within this state unless said contractor/vendor has registered and participated in Status Verification System for the purpose of verifying the work eligibility status and information of all new employees hired on or after November 1, 2007. Although the prohibition becomes effective for contracts entered after July 1, 2008, this section is included in these specifications to provide notice to contractor/vendors and in an effort to encourage contractor/vendors to prepare for the effects of the “Oklahoma Taxpayer and Citizen Protection Act of 2007.” Therefore, included with this specification is a copy of the Immigration Affidavit that contractor/vendors will be required to submit with any contracts with a public employer for physical performance of services within the State of Oklahoma beginning after July 1, 2008.

IMMIGRATION INDEMNIFICATION:

By executing the affidavit below, the undersigned Contractor/vendor agrees to indemnify, defend, and hold harmless the City of Oklahoma City and the Oklahoma City Airport Trust against any and all losses, expenses, damages, costs, or attorney fees directly or indirectly resulting from the failure of the Contractor/vendor, or any of its agents, representatives, subcontractor/vendors, materialmen, or suppliers, to register or participate in the Status Verification System as set forth in the “Oklahoma Taxpayer and Citizen Protection Act of 2007,” or the violation of said Act, or any suspension, termination, or invalidation of the Contract due to said failure or violation.

IMMIGRATION AFFIDAVIT

The undersigned as Contractor/vendor or Contractor’s Authorized Agent, being of lawful age and being first duly sworn on oath, hereby swears, affirms and states that the Contractor/vendor has registered and participates in the Status Verification System as set forth in “Oklahoma Taxpayer and Citizen Protection Act of 2007” to verify the work eligibility status of all new employees hired on or after November 1, 2007.

The undersigned, as Vendor/Contractor or Authorized Agent, hereby expressly adopts and affirmatively incorporates herein by reference the above recitation as the sworn statement of the Contractor/vendor and the signatory.

[NAME OF CONTRACTOR]

Name of Contractor/Vendor

Signature of Contractor/Vendor or Authorized Agent

Type or Print name and title of person who signed above

STATE OF )

) ss.

COUNTY OF )

Signed and sworn to or affirmed before me on this _____ day of ____________________, 20_____, by _______________________________ as the above-named Contractor or Contractor’s Authorized Agent.

(Insert name of person signing above)

My Commission No:

This Affidavit must be completed by the Contractor/vendor, notarized by a Notary Public, and submitted prior to contract award pursuant 25 O.S. §§ 1312 and 1313.

OCAT 00303-1 Gulfstream Demolition – Phase 1

OKLAHOMA CITY AIRPORT TRUST’S

LOCAL SUBCONTRACTOR BUSINESS UTILIZATION PLAN & AFFIDAVIT

THE FOLLOWING AFFIDAVIT MUST BE SUBMITTED BY THE SUCCESSFUL BIDDER, OR BIDDER'S

AUTHORIZED AGENT, WITH THE CONTRACT DOCUMENTS. A NOTICE TO PROCEED WILL NOT BE

ISSUED BY THE ARCHITECT/ENGINEER UNTIL THE AFFIDAVIT IS RECEIVED.

The undersigned, of lawful age, being first duly sworn on oath, affirms and states that the Bidder has the authority to execute this Public Construction Project Subcontracting Plan. The bidder further states they have read and understand the Resolution creating the Small, Disadvantaged, Minority and Woman-owned Subcontracting Program adopted by the Council of the City of Oklahoma City on June 3, 2008 and adopted by the Trust on January 27, 2010.

I. Public Construction Project Subcontracting Plan

A. Outreach - In the space provided below describe in detail your company’s efforts regarding outreach to small, minority, disadvantaged and women owned businesses in an effort to utilize their services in conjunction with Project ________________________.

B. Internal Efforts – In the space provided below describe in detail any initiatives in place within your company directed at establishing policies and procedures to ensure that small, minority, disadvantaged and women owned businesses are made aware of and given the opportunity to submit bids for sub-contracting on publicly funded projects.

Name of Company, Partnership, Corporation, or Individual, herein called "Bidder"

Signature of Bidder or Bidder's Authorized Agent

Type or Print name and title of person who signed above

STATE OF )

) ss.

COUNTY OF )

Signed and sworn to or affirmed before me on this _____ day of ____________________ , 20_____, by _______________________________ as the above-named Contractor or Contractor’s Authorized Agent.

(Insert name of person signing above)

OCAT 00400-1 Gulfstream Demolition – Phase 1

SECTION 400

CONTRACT DOCUMENTS

Wiley Post Airport for

OCAT 00401-1 Gulfstream Demolition – Phase 1

CONSTRUCTION CONTRACT

(AGREEMENT)

This Construction Contract (“Contract” or “Agreement”) is entered intoby and between the Trustees of the Oklahoma City Airport Trust (“Trust”), a public trust, and [NAME OF CONTRACTOR] (“Contractor”).

WITNESSETH:

That the Contract and the Trust, for the consideration hereinafter named, agree as follows:

ARTICLE 1: SCOPE OF THE WORK

The Contractor shall furnish all materials and perform all work shown on the Drawings and described in the Project Manual, including addenda thereto, which are incorporated into this Contract as fully set forth herein, and which are entitled:

Wiley Post Airport hereinafter called the “Project,” as prepared by Frankfurt-Short-Bruza Associates, P.C.

(“Architect/Engineer”), and shall do everything required by this Contract. The bidding on and supervision of construction of this Contract shall be under the supervision of the Architect/Engineer.

ARTICLE 2: TIME OF COMPLETION

The work to be performed under this Contract shall be commenced on the first day after a written "Notice to Proceed" is issued from the Trust, by and through the Director of Airports, and shall obtain Final Acceptance by the Trust within one hundred twenty (120) calendar days (“Time of Completion”). The estimated completion date October 10, 2025, but the actual completion date will be based on the number of calendar days from the date of the Notice to Proceed.

ARTICLE 3: CONTRACT SUM

The Trust shall pay the Contractor for the performance of the contract in current funds the total sum of

[Contract Amount Text] Dollars

$[Contract Amount Numbers].

ARTICLE 4: DAMAGES

It is mutually agreed between the parties that time is of the essence with this Contract. The Project described in Article 1 shall obtain Final Acceptance by the Trust in accordance with the Time of Completion established in Article 2. Should the Project not be completed by the established Time of Completion, the Contractor agrees to have deducted or withheld from payments owed to the Contractor Liquidated Damages, not a penalty, of one thousand five hundred Dollars ($1,500.00) per Calendar Day, beginning the first day after the Time of Completion and continuing for each day thereafter until the Project is completed.

ARTICLE 5: THE CONTRACT DOCUMENTS

The Drawings and the Project Manual, including any Bidding Documents referred to in Article 1 herein, are a part of this Contract as if hereto attached and herein repeated. This Contract is based on the Drawings and the Project Manual dated March 27, 2025 and addenda thereto dated 00.00.0000.The Soil Management Plan dated February 2025, provided to Contractor, is also a part of this Contract as if hereto attached and herein repeated.

It is agreed that changes, additions, or deletions may be made to the Drawings and the Project Manual, and work to be performed, only upon an agreement executed in writing entered into by parties to this Contract.

OCAT 00401-2 Gulfstream Demolition – Phase 1

ARTICLE 6: CLAIM OR INVOICE AFFIDAVIT

Each monthly estimate for payment must contain, or have attached, an affidavit as required by Senate Bills 469 of the 1974 legislature and 189 of the 1975 legislature, executed on a form similar and essentially the same as that found in the Project Manual.

ARTICLE 7: ASSIGNMENT

Contractor may not assign this Contract without the express written approval of the Trust.

ARTICLE 8: FAA MANDATORY PROVISIONS

A. GENERAL CIVIL RIGHTS PROVISIONS

In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in the Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (included limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefitting from Federal assistance. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

The above provision binds the Contractors and subcontractors from the bid solicitation period through the completion of the contract.

B. COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS

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

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract.

2. Non-discrimination: The Contractor, with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the [Title VI] Nondiscrimination Acts and Authorities, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts: Including Procurements of Materials and

Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this Contract and the [Title VI] Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Trust or the Federal Aviation

OCAT 00401-3 Gulfstream Demolition – Phase 1

Administration to be pertinent to ascertain compliance with such [Title VI] Nondiscrimination Acts, Authorities, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Trust or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the Non-discrimination provisions of this Contract, the Trust will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:

a. Withholding payments to the Contractor under the Contract until the Contractor complies; and/or

b. Cancelling, terminating, or suspending a Contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of

[Paragraph 8B, subparagraphs] one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Trust or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Trust to enter into any litigation to protect the interests of the Trust. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

C. TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES

During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);

• 49 CFR part 21 (Non-discrimination in Federally-Assisted Programs of the

Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of

1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance)

• The Age Discrimination Act of 1975, as amended, (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982, (49 USC § 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

OCAT 00401-4 Gulfstream Demolition – Phase 1

• The Civil Rights Restoration Act of 1987, (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act of 1990 (42 USC §§ 12101, et seq.) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;

• The Federal Aviation Administration’s Non-discrimination statute (49 USC § 47123)

(prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);

• Executive Order 13166, Improving Access to Services for Persons with Limited

English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

ARTICLE 9: MISCELLANEOUS PROVISIONS

A. Notices, Consents, and Approvals – Notices or other communications to the Trust pursuant to the provisions hereof shall be sufficient if sent by (i) registered or certified mail, postage prepaid, (ii) by a nationally recognized overnight courier, or (iii) facsimile transmission, addressed to the Oklahoma City Airport Trust, Will Rogers World Airport, 7100 Terminal Drive, Unit 937, Oklahoma City, Oklahoma 73159-0937, Telecopy (405) 316-3311; and bills, statements, and notices or communications to the Contractor shall be sufficient and irrefutably deemed received if sent by U.S. Postal Service regular mail, postage prepaid, whether or not actually accepted, or if hand-delivered, to [Contractor Street Address], [Contractor City, State ZIP]; or to such respective addresses as the parties may designate in writing from time to time.

B. Non-Waiver – The waiver by Trust of any breach by the Contractor of any term, covenant, provision, or condition hereof shall not operate as a waiver of any subsequent breach of the same or a waiver of any breach of any other covenant, term, provision, or condition hereof, nor shall any forbearance by Trust to seek a remedy for any breach by Contractor be a waiver by Trust of its rights and remedies with respect to such or any subsequent breach of the same or with respect to any other breach.

C. Binding Effect – This Contractor shall be binding upon the parties on the date of its execution by Contractor and Trust and shall inure to the benefit of and be binding upon Trust, Contractor, and their respective successors and assigns, if such assignments shall have been made in conformity with the provisions and conditions of this Contract.

OCAT 00401-5 Gulfstream Demolition – Phase 1

D. Severability – In the event any terms, covenants, conditions, or provisions of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other term, covenant, condition, or provision hereof.

E. Entire Agreement; Modification Hereof – This Contract (including the Exhibits hereto) expresses the entire understanding of Trust and the Contractor concerning the Contract and all agreements of Trust and of Contractor with each other, and neither Trust nor Contractor has made or shall be bound by any agreement or any representation to the other concerning the Contract which is not expressly set forth in this Contract (including the Exhibits hereto). This Contract (including the Exhibits hereto) may be modified only by a written agreement of subsequent date hereto executed by Trust and Contractor.

F. Execution of Counterparts – This Contract may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

G. Effect of Weekends and Holidays – Whenever this Contract requires any action to be taken on a Saturday, a Sunday, or a Holiday, such action shall be taken on the first business day occurring thereafter in the place where the action is to be taken. Whenever in this Contract the time within which any action is required to be taken or within which any right will lapse or expire shall terminate on a Saturday, a Sunday, or a Holiday recognized by the City of Oklahoma City, such time shall continue to run until 11:59 p.m. on the next succeeding business day.

H. Descriptive Headings: Table of Contents – The descriptive headings of the sections of this

Contract and any table of contents annexed thereto or copies hereof are inserted or annexed for convenience of reference only and do not constitute a part of this Contract, and shall not affect the meaning, construction, interpretation, or effect of this Contract.

I. Construction and Enforcement – This Contract shall be construed and enforced in accordance with the laws of the State of Oklahoma. Whenever in this Contract it is provided that either party shall or will make any payment or perform or refrain from performing any act or obligation, each such provision shall, even though not so expressed, be construed as an express covenant to make such payment or to perform or not to perform, as the case may be, such act or obligation.

J. Venue – The parties acknowledge and agree that in the event of any dispute or disagreement that necessitates court intervention, the venue for all litigation shall be the District Court of Oklahoma County, Oklahoma.

K. Construction of Contract – In the event of ambiguity in any of the terms of this Contract, it shall not be construed for or against any party on the basis that such party did or did not author the same.

L. Recitals Contractual In Nature – The parties acknowledge and agree that the recitals as contained hereinabove in this Contract are contractual in nature and binding on the parties.

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

[NAME OF CONTRACTOR]:

By:

OCAT 00401-6 Gulfstream Demolition – Phase 1

ATTEST: Printed Name:

Title:

By:

Title:

APPROVAL RECOMMENDED:

Director of Airports

APPROVED by the Oklahoma City Airport Trust and signed by the Chairman this __________day of

____________________________, 20_____.

ATTEST: OKLAHOMA CITY AIRPORT TRUST

Trust Secretary Chairman

REVIEWED for form and legality.

Assistant Municipal Counselor/ Attorney for the Trust

OCAT 00420-1 Gulfstream Demolition – Phase 1

ISSUE DATE:________________

OKLAHOMA CITY AIRPORT TRUST

CERTIFICATE OF INSURANCE

PROJECT OR

CONTRACT NUMBER: OCAT PWA 2525

PRODUCER

ADDRESS

NOTE: THIS CERTIFICATE CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,

NOR DOES IT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY POLICIES

BELOW, EXCEPT AS SHOWN BELOW.

COMPANIES AFFORDING COVERAGE

COMPANY A

LETTER

COMPANY B

LETTER

INSURED

ADDRESS

COMPANY C

LETTER

COMPANY D

LETTER

COMPANY E

LETTER

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

SPECIFIC LOCATION, PROJECT, OR EVENT.

TYPE OF INSURANCE POLICY NUMBER POLICY

EFFECTIVE DATE

POLICY

EXPIRATION DATE

LIMITS

GENERAL LIABILITY

_____ COMMERCIAL

GENERAL LIABILITY

_____ OCCURENCE

_____ CLAIMS MADE

AND TAIL

COVERAGE

_____ CONTRACTUAL

LIABILITY

GENERAL AGGREGATE

BODILY INJURY

(Per Person)

PROPERTY DAMAGE

(Per Accident)

EACH OCCURENCE

MEDICAL EXPENSES

(Any One (1) Person)

AUTOMOBILE LIABILITY

_____ ANY AUTO

_____ ALL OWNED AUTOS

_____ SCHEDULED AUTOS

_____ HIRED AUTOS

_____ NON-OWNED AUTOS

COMBINED SINGLE

LIMIT

(Per Person)

(Per Accident)

PROPERTY DAMAGE

WORKER'S

COMPENSATION AND

EMPLOYER LIABILITY

Standard Compliance for the State of Oklahoma

EACH ACCIDENT

DISEASE - POLICY

LIMIT

DISEASE - EACH

EMPLOYEE

VALUABLE PAPERS

INSURANCE

(If required by Contract)

EXCESS LIABILITY

EACH OCCURENCE

AGGREGATE

OTHER

DESCRIPTION OF OPERATIONS/VEHICLES/SPECIAL ITEMS

OCAT PWA 2525 - Gulfstream Demolition – Phase 1 THE CITY OF OKLAHOMA CITY, THE OKLAHOMA CITY AIRPORT TRUST, AND Frankfurt-Short-Bruza Associates, P.C. ARE ADDITIONAL INSUREDS, WITH RESPECT TO LIABILITY AS REQUIRED BY CONTRACT, ARISING OUT OF THE PROJECT OR EVENT. (Project Engineer) THE CITY OF OKLAHOMA CITY, AND THE OKLAHOMA CITY AIRPORT TRUST ARE LOSS PAYEES ON VALUABLE PAPERS INSURANCE.

CERTIFICATE HOLDER(S)

The City of Oklahoma City, the Oklahoma City Airport Trust, and Frankfurt-Short-Bruza Associates, P.C. (Project Engineer) 7100 Terminal Drive, Unit 937 Oklahoma City, OK 73159-0937

CANCELLATION

IT IS AGREED THAT NONE OF THESE POLICIES WILL BE CANCELLED OR CHANGED EXCEPT IN THE APPLICATION OF THE AGGREGATE LIABILITY LIMIT PROVISIONS, SO AS TO AFFECT THE INSURANCE DESCRIBED IN THIS CERTIFICATE UNTIL AFTER 30 CALENDAR DAYS PRIOR WRITTEN NOTICE OF SUCH CANCELLATION OR REDUCTION IN COVERAGES

OR NOTICE OF NONRENEWAL FOR NONPAYMENT OF PREMIUM HAS BEEN DELIVERED TO THE CERTIFICATE HOLDER.

AUTHORIZED REPRESENTATIVE SIGNATURE

TELEPHONE NUMBER ( )

CERTIFICATE OF INSURANCE FORM AND INSTRUCTIONS

OCAT 00520-2 Gulfstream Demolition – Phase 1

(PLEASE READ CAREFULLY)

CERTIFICATE OF INSURANCE EXPLANATION OF

THE CITY OF OKLAHOMA CITY AND PARTICIPATING TRUST(S)

The Certificate Holder(s) require the use of this Certificate of Insurance as evidence that the insurance requirements of the contract have been complied with and will continue as long as the contract is in force.

The City and/or Trust rely on this Certificate as proof of compliance with the insurance requirements agreed upon. The City and/or Trust must be advised of any cancellation or non-renewal of the insurance coverage required or any reduction in the coverage provided, in compliance with the contract, as shown in the Certificate of Insurance. Thirty (30) calendar days prior written notice of cancellation or reduction in coverage (other than an aggregate limit provision reduction), or nonrenewal for nonpayment of premium must be provided to the City and/or Trust so that the City and/or Trust may take appropriate action.

Many certificates of insurance are received by the City and its Trusts and many contain statements claiming that the certificate is issued as a matter of information only and confers no rights upon the certificate holder.

A common example is "Should any of the above described policies be canceled before the expiration date hereof, the issuing company will endeavor to mail (number of days) days written notice to the named holder, but failure to mail such notice shall impose no obligation of liability of any kind upon the company, its agents or representatives." This is unacceptable. The City and Trust have the right of notice of cancellation, nonrenewal and reduction of coverage, as a requirement in the contract. The City and Trust rely upon the Certificate of Insurance as evidence of contract compliance.

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

The City and/or Trust must have positive evidence in the form of the Certificate of Insurance that the insurance requirements of the contract have been met and will continue to be met without interruption during the term of the contract. Neither the named insured nor its insurance company may attach any endorsement(s) or rider(s) to the insurance policy or this Insurance Certificate that change or modify the insurance requirements, obligations or additional insured status of the Trust or City in any manner. To the extent the insurance policy or any endorsement or rider is inconsistent with the contractual insurance obligations, the contractual agreement between the insured and the Trust and/or City shall control.

No activity will begin until the Certificated of Insurance is received. Your cooperation in providing the City and/or Trust with acceptable evidence of insurance compliance will prevent confusion and delay.

OCAT 00430-1 Gulfstream Demolition – Phase 1

PERFORMANCE BOND

WHEREAS, [NAME OF CONTRACTOR], hereinafter “Contractor,” entered into a Construction Contract with the Trust on the __ day of _____, 20__, for the erection and construction of certain works and improvement described below all in compliance with the plans and specifications contained in the Project Manual for the Project on file in the Office of the City Clerk, and said Construction Contract is hereby made a part and parcel of this Performance Bond as if literally written herein:

Facility Name: Wiley Post Airport Facility Location: Bethany, Oklahoma Project Name: Gulfstream Demolition – Phase 1 Project Number: OCAT PWA 2525

WHEREAS, Contractor, and [Surety Company Name], as Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns unto the Oklahoma City Airport Trust, hereinafter called "Trust,” the City of Oklahoma City, hereinafter called “City”, and any other public trust of the City of Oklahoma City that may be participating in the below described project, hereinafter called “Participating Trust”, in the full and just sum of [Contract Amount Text] Dollars ($[Contract Amount Numbers]) such sum being equal to 100% of the Construction Contract price for the performance and making of the following Trust owned work and improvement.

NOW, THEREFORE, if the Contractor shall fully and faithfully execute the work and perform said Contract according to its terms, conditions, and covenants, and in exact accordance with the Construction Contract and Project Manual for the project referenced above including any applicable written change orders and modifications approved by the Trust, then the Contractor and Surety shall have no obligation under this Performance Bond unless specified herein.

IT IS FURTHER EXPRESSLY AGREED AND UNDERSTOOD by the parties hereto in furtherance of the obligations set forth in this bond that:

1. If there is no default by the Trust or the City, the Surety’s obligation under this Performance Bond shall arise after:

A. The Trust, by and through the Director or Airports, hereinafter “Director”, provides notice to the

Contractor and the Surety that the Trust is considering declaring a contractor in default. The notice shall indicate whether the Trust is requesting a conference among the Trust through the Director, Contractor and Surety to discuss the Contractor’s performance. If the Trust does not request a conference, the Surety may, within five (5) business days after receipt of the Trust’s notice, request such a conference. If the Surety timely requests a conference, the Director shall attend. Unless otherwise agreed by the Director, any conference requested on this section shall be held within ten (10) business days of the Surety’s receipt of the Trust’s notice.

If the Trust, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Trust’s right, if any, subsequently to declare a Contractor in Default;

B. The Trust declares a Contractor in Default, terminates the Construction Contract and notifies the Surety; and

C. The Trust agrees to hold in escrow the balance of the Contract amount until Final Acceptance of the work in accordance with the terms of the Construction Contract for payment to the Surety or a contractor selected to perform the Construction Contract.

D. Failure of the Trust to comply with the notice requirement of paragraph 1(a) shall not constitute a failure to comply with a condition precedent to the Surety’s obligations or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

2. When the Trust has satisfied the conditions of Paragraph 1, the Surety shall promptly and at the Surety’s expense take one of the following actions with the written consent of the Trust by and through the Director of Airports:

OCAT 00430-2 Gulfstream Demolition – Phase 1

A. Arrange for the Contractor to perform and to complete the Construction Contract;

B. Undertake to perform and to complete the Construction Contract itself, through its agents or independent contractors for performance and completion of the Construction Contact secured with performance and payment bonds executed by a qualified surety equivalent to the bonds used on the Construction Contract and to pay to the Trust any amount of damages as described in Paragraph 3 in excess of the Balance of the Construction Contract Amount incurred by the Trust as a result of Contractor Default; or

C. Waive its right to perform and complete the Construction Contract under paragraph 2(a) and 2(b) and within thirty (30) days:

1) Investigate and determine the amount owed to the Trust due to Contractor Default and make payment of any amounts owed to the Trust; or

2) Deny liability in whole or in part and notify the Trust citing the reasons for the denial.

D. If the Surety does not proceed as provided in Paragraph 2(a), (b), or (c), the Surety shall be deemed to be in default on this Performance Bond seven (7) days after receipt of an additional written notice from the Trust by and through the Director to the Surety demanding that the Surety perform its obligations under this Bond, and the Trust shall be entitled to enforce any remedy available to the Trust. If the Surety proceeds under provision 2(c)(i) and the Trust refused the payment or the Surety has denied liability, in whole or in part, under 2(c)(ii) and without further notice the Trust shall be entitled to enforce any remedy available to the Trust.

3. If the Surety elects to proceed under 2(a), (b), or (c), then the responsibilities of the Surety to the Trust shall not be greater than the obligations of the Contractor under the Construction Contract and the responsibilities of the Trust to the Surety shall not be greater than those of the Trust under the Construction Contract. Notwithstanding the previous statement and the Trust’s commitment to pay the Balance of the Contract Amount, the Surety is obligated without duplication for:

A. the responsibilities of the Contractor, its own undertaking or that of its subcontractors for the correction of any defective work and completion of the Construction Contact;

B. any additional legal, professional design or engineering and delay costs resulting from the

Contractor’s Default and resulting from the actions or failure to act of the Surety under Paragraph 2;

C. any additional costs incurred by the Trust associated with procuring and securing a new contractor; and

D. liquidated damages in the amount set forth in the Construction Contract or any actual damaged caused by delayed performance or non-performance of the Contractor.

4. If the Surety elects to proceed under 2(a), (b), or (c) then Surety’s liability is limited to the amount of this Performance Bond plus any item listed in Paragraph 3, but Surety shall not be liable to the Trust or others for obligations that are unrelated to the Construction Contract unless specified herein.

5. The Surety hereby waives notice of any change orders, modifications or amendments, including changes of time, to the Construction Contract or other obligations.

6. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the State of Oklahoma and shall be instituted within two (2) years after a declaration of the Contractor’s Default, or within two (2) years after the Contractor ceases working or within two (2) years after the Surety refused or fails to perform its obligations under this Bond, whichever occurs first.

OCAT 00430-3 Gulfstream Demolition – Phase 1

7. Notices shall be at the following addresses:

Trust: Director of Airports 7100 Terminal Drive, Unit 937 Oklahoma City, OK 73159

Contractor: [NAME OF CONTRACTOR] [Contractor Street Address] [Contractor City, State ZIP]

Surety: [Surety Company Name] [Surety Street Address] [Surety City, State ZIP]

8. To the extent that this…