S-1908C Final Plans and Specs.pdf

http://www.enid.org/

NON-COLLUSION AFFIDAVIT

To Accompany Contractor’s Bid

STATE OF _________________________ )

) ss:

COUNTY OF ________________________ )

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

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

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

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

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

Further, Affiant saith not.

Signature of Authorized Agent

Title (printed)

Subscribed and sworn to before me this _________ day of _______________________, 2018.

(SEAL)

My commission expires:

Notary Public

Proposal

Page 1/3

TO:

The Honorable Mayor and Board of Commissioners The City of Enid, Garfield County, Oklahoma

Gentlemen:

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

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

SOCCER COMPLEX SANITARY SEWER IMPROVEMENTS

S-1908C and that he has reached a full understanding of everything required on said Plans and Specifications, and that he has informed himself as to the kind and quantities of various materials to be furnished and/or the nature and location of the work to be done, and all other matters affecting the work.

The undersigned bidder proposes and agrees that if his proposal is accepted, to enter into contract with THE CITY OF ENID, on forms prescribed, with approved sureties, within seven (7) days, after notice of award to execute the Contract, and to furnish to the City a satisfactory Performance and Statutory Bond in the sum of 100% of the contract price, guaranteeing the faithful performance of the work and payment of bills.

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

It is further agreed that the Contractor shall begin the work on the date as provided in these Specifications and to prosecute said work in such a manner as to complete all work contracted for within the number of calendar days submitted in the bid. The Notice to Proceed shall become effective within 60 calendar days of the bid opening.

The Proposal can be obtained in Microsoft Excel format by emailing a request to the Project Engineer.

The Contractor shall take out and maintain public liability and OCP insurance in accordance with Section 106.25 of the General Provisions of the Specifications. A copy of said Specifications is now on file in the Office of the City Clerk of the City of Enid.

Upon completion of the Contract, the Contractor shall furnish to the City a satisfactory Maintenance Bond in the amount of 100% of the final contract price, guaranteeing the maintenance of the work for the period specified on the bond form. This period will commence after acceptance by the Mayor and Board of Commissioners.

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

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Proposal

Page 3/3

SOCCER COMPLEX SAITARY SEWER IMPROVEMENTS

S-1908C

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

STATE OF _______________________)

) SS:

COUNTY OF _____________________)

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

If partnership, give name and address of each partner

By:

Address:

Incorporated under the laws of the State of _____________________________________

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

Notary Public

My Commission Expires:

(SEAL)

BUSINESS RELATIONSHIP AFFIDAVIT

To Accompany Contractor’s Bid

STATE OF _________________________ )

) ss:

COUNTY OF ________________________ )

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

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

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

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

(if none, so state)

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

(if none, so state)

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

(if none, so state)

Further, Affiant saith not.

Signature of Authorized Agent

Title (printed)

Subscribed and sworn to before me this _________ day of __ _______________, 2018.

My commission expires:

CONSTRUCTION CONTRACT

This Contract is made and entered into this day of , 2018, by and between the City of Enid, an Oklahoma Municipal Corporation, hereinafter called “City,” and ., , a(n) , hereinafter called “Contractor.”

W I T N E S S E T H

WHEREAS, in accordance with the Charter of the City of Enid and the Public Competitive Bidding act of 1974, 61 Okla. Stat. §§ 101 et seq. (hereinafter collectively referred to as “local and state law”), the City has caused to be prepared certain plans, specifications, and other bidding documents (the “Bidding Documents”) for the work hereinafter described; and, WHEREAS, in accordance with local and state law, the City has approved and adopted all of said Bidding Documents and has caused a Solicitation for Bids to be given and advertised and has received sealed bids for the furnishing of all labor and materials for:

SOCCER COMPLEX SANITARY SEWER IMPROVEMENTS

S-1908C as outlined and set out in the Bidding Documents and in accordance with the terms and provisions of this Contract; and, WHEREAS, Contractor, in response to said Solicitation for Bids, has submitted to the City, in the manner and at the time specified, a sealed bid in accordance with the terms of the Bidding Documents; and, WHEREAS, the City, in the manner provided by local and state law, has publicly opened, examined and canvassed the bids submitted and has determined and declared the above-named Contractor to be the lowest responsible bidder on the above described project; and, WHEREAS, the City has duly awarded this Contract to said Contractor, for the sum named in the bid, to-wit:

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

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

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

Plans, Specifications, General Provisions, Special Provisions, Contractor’s Proposal and any and all Addendums issued. All of these documents have been provided to and/or by the Contractor and are on file in the Office of the City Clerk of the City of Enid. Hereinafter, these documents shall be collectively referred to as “Bidding Documents.”

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

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

(NONE)

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

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

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

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

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

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

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

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

If to the City: If to Contractor:

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

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

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

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

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

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

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

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

The City of Enid, an Oklahoma Municipal Corporation

Mayor’s Signature Date

ATTEST:

City Clerk

Approved as to form:

City Attorney

Date: , a(n)

Signature

Printed Name

Title

Secretary and/or Witness

State of Oklahoma ) ) ss.

County of _____________ )

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

Signature

Printed Name/Title

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

My Commission Number:

MAINTENANCE BOND

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

Dated this day of , 20 .

The condition of this obligation is such that:

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

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

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

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

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

Principal:

By:

Secretary

Surety:

Attorney-in-Fact

PERFORMANCE BOND

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

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

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

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

STATUTORY BOND

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

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

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

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

NOTICE TO PROCEED

TO:

FROM: The CITY OF ENID, OKLAHOMA

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

CITY OF ENID, OKLAHOMA

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

DATED at Enid, Oklahoma this day of , 20 .

CITY OF ENID, OKLAHOMA

By: _____________________________________ Robert Hitt, P.E.

City Engineer cc: City Clerk

CLAIM OR INVOICE AFFIDAVIT

STATE OF

) SS.

COUNTY OF

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

Project Name

Project No.

Signature - Contractor or Supplier

Company Name (Print or Type)

Address

City, State, Zip

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

, Notary Public

02-08-19

02/08/2019

7-8

11-17

Provisions