SPECS_WC-1114.pdf

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OKLAHOMA

CITY

WATER

UTILITIES

TRUST

VOLUME 1

SPECIFICATIONS AND SPECIAL PROVISIONS

Trustees:

James D. Couch, Chairman, Independent Trustee Sharon Voorhees, Independent Trustee Bradley Carter, Council Trustee David Holt, Mayor Trustee

Mark K. Stonecipher, Vice Chairman, Surrogate Trustee Craig Freeman, City Manager Trustee

Brent Bryan, Surrogate Trustee

Chris Browning, General Manager Amy K. Simpson, Secretary

WC-1114

Waterline Replacement

Along Mulholland Drive Between Woody Creek Drive and Saddle River Drive

Smith Roberts Baldischwiler, LLC • 100 NE 5th Street, Oklahoma City, OK 73104 Office: (405) 840-7094

Drive

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TABLE OF CONTENTS

DOCUMENT PAGE

TABLE OF CONTENTS

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

LIST OF CONTRACT DOCUMENTS

CONTRACT

PERFORMANCE BOND

STATUTORY BOND

MAINTENANCE BOND

CERTIFICATE OF NON-DISCRIMINATION

CONSTRUCTION SUBCONTRACTING PLAN/REPORT

SMALL, LOCAL AND MINORITY BUSINESS UTILIZATION PROGRAM (LBU)

PUBLIC CONSTRUCTION PROJECT SUBCONTRACTING CLOSE OUT REPORT .. 33

CERTIFICATE OF INSURANCE

SIGNATURE REQUIREMENTS FOR BIDDING DOCUMENTS

SPECIAL PROVISIONS – GENERAL

SPECIAL PROVISIONS – TECHNICAL

SPECIAL PROVISIONS – SUPPLEMENTARY CONDITIONS

ATTACHMENT “A” – PRE-APPROVED PROJECT CHECKLIST

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NOTICE TO BIDDERS

Notice is hereby given that The Oklahoma City Water Utilities Trust (OCWUT) will electronically receive and open sealed Bids for the construction of:

WC-1114

Waterline Replacement in the Office of the City Clerk, 2nd Floor, Municipal Building, 200 N. Walker Avenue, Oklahoma City, Oklahoma 73102, until 10:00:00 a.m. on the 20th day of August 2025.

Bids must be made in accordance with this Notice to Bidders and the Bidding Documents, including all Addenda, which are available for examination through the electronic bidding system at https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts.

To bid on this Contract, the Bidder must be prequalified by the City of Oklahoma City’s

Prequalification Review Board on the Bid Date and Bid Time as: Water Pipeline

Contractor “C”. In addition, any work for which a prequalification classification has been established, must be performed by persons or entities prequalified in those classifications.

Pre-Bid Conference: Mandatory Pre-Bid Conference will be held Utilities Department, 420 W. Main Street, 5th Floor Conference Room B-521, Oklahoma City, Oklahoma

73102 on August 7, 2025, at 2:00 PM. All potential bidders are responsible to read all

Bidding Documents and submit questions in writing through the electronic bidding system by August 12, 2025, at 10:00 A.M. Answers, if any, will be published in an addendum.

Joint ventures, see Bidding Documents.

Bidder must complete this Project in accordance with the Bidding Documents, Addenda, and Oklahoma City Standard Specifications for Construction of Public Improvements within one hundred fifty (150) calendar days of date as stated in the Work Order.

The Maintenance Bond shall be in favor of the Awarding Public Agency and shall be for a period of Two (2) years in an amount equal to one hundred percent (100%) of the Contract amount.

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 Construction of Public Improvements. These

Standard Specifications are incorporated by reference into the Bidding Documents except as expressly superseded by the Bidding Documents. Bidder is responsible for monitoring the electronic bidding website to determine whether addenda were issued and for opening and complying with all addenda.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.bidnetdirect.com%2Foklahoma%2Fcityofoklahomacityandtrusts&data=05%7C02%7Cchad.harrison%40okc.gov%7C2fb723ccb7624266484b08dd34dda298%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C638724848694442239%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=ewpueZY%2BZSazr7WYT41pSbdv9bTqMMJhSL3LKjC52GA%3D&reserved=0

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LIST OF DOCUMENTS REQUIRED FOR THIS BID

Project Number: WC-1114

Description: Waterline Replacement

The Bidder is responsible for reviewing this list of required documents and any requirements of the Bidding Documents and/or Special Provisions and assuring that each and every required document is properly completed. Forms and Affidavits should be completed and submitted in accordance with the provisions of the

"Signature Requirements for Bidding Documents." Bids not submitted in accordance with these requirements will be recommended for rejection. All documents required for this Bid are included in the Electronic Bidding Process.

DOCUMENTS REQUIRED FOR THIS BID

Completed Electronic Line Items (Item Response Form)

Anti/Non-Collusion Affidavit

Business Relationship Affidavit

Bid Security

Other documents required by the Bidding Documents (if any)

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

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

Engineer.

Forms to be Used. Bidder must use the forms provided in the Electronic Bidding Process.

Bid Security form shall be provided by the Contractor.

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INSTRUCTIONS TO BIDDERS

ARTICLE 1 – IN GENERAL

1.0 ACCESS

1.0.1 It is the policy of the Awarding Public Agency 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 Awarding Public Agency 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 Awarding Public Agency will give primary consideration to the choice of auxiliary aid or service requested by the individual with disability.

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

1.1 BIDDING DOCUMENTS; DEFINITIONS

For this Project, the Awarding Public Agency adopts and incorporates by reference certain the City of Oklahoma City’s policies and specifications, subject to the precedence of the express requirements of these Bidding Documents. Provided, however, although Standard Specifications for Construction of Public

Improvements (“Standard Specifications”) may delegate administration and inspections to the City of Oklahoma City or its designees, the Contractors contractual obligations are due and owed to the Awarding Public Agency, and the

City of Oklahoma City where so stated.

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.

1.1.2 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, Local and Minority 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.

1.1.3 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. In the case of a joint venture, an eligible representative

7 | P a g e 2024.11.7 from each of the participating entity must sign the Bid and documents required for this bid.

1.1.4 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 the Contract shall be a part of the Contract Documents upon their approval by the Awarding Public Agency.

1.1.5 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.

1.1.6 The "Bid Date" and "Bid Time" are the date and time for the receipt of Bids as provided in the Notice to Bidders.

1.1.7 The "Architect/Engineer" is that person or firm under contract with the Awarding

Public Agency to prepare the plans and specifications for and supervise the construction of the project.

1.1.8 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. 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.

1.1.9 "Prequalification" or "Prequalified" shall mean that prior to the Bid Date the Bidder has been qualified by the Prequalification Review Board to bid the contract, and/or the contractor or subcontractor has been prequalified to perform the class or classes of work required for the contract, public improvement, or project. In the case of a joint venture, each of the participating entities in the joint venture must be prequalified.

1.1.10 "Completed" shall mean that the project and all work has been constructed and fully completed and the contractor has performed all responsibilities in and in accordance with the Contract Documents, also including the Punch List items, the final inspection(s) have been made, and any corrections made to the satisfaction of the Awarding Public

Agency.

1.1.11 "Acceptance" shall mean after completion of all work and the project, acceptance of the work and project is by the formal recorded action of the governing body of the

Awarding Public Agency, or in the case of a private project to be dedicated to the City or

8 | P a g e 2024.11.7 the Awarding Public Agency acceptance is by the formal recorded action of its governing body. After completion of work or projects completed pursuant to a contract that is bid, awarded, and approved through an informal bid process, acceptance of the work and project is by the formal recorded action of the governing body of the Awarding Public

Agency.

1.1.12 “Small, Local and Minority Business Utilization Program” shall mean that program which implements the policy adopted by the City Council of the City of Oklahoma City resolution of December 22, 2020, to encourage and promote the use of small, local and minority business subcontractors on public construction contracts. The goal is to provide assistance, guidance, and opportunities for small and disadvantaged local businesses to work on City projects. The Small Local and Minority Business Utilization Program was formerly called the Local Business Utilization Program.

1.1.13 The “Electronic Bidding Process” shall mean a bid process through electronic means only. All signatures will be applied through electronic methods. Electronic bidding is available at https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts. For any assistance in completing the Electronic Bidding Process, please call the BidNet

Support Team at 800-835-4603, option 2, or e-mail support@bidnet.com for assistance.

1.1.14 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 Awarding Public Agency and properly submit the required Contract, Bonds, and certificate of insurance within seven (7) calendar days following the Awarding Public Agency’s notification of its intent to award Contract, unless such time is extended by the Awarding Public Agency. Bidder hereby agrees to commence work within ten (10) calendar days after the Work Order is issued by the

Awarding Public Agency and to complete this Project within the number of calendar days or by the calendar date specified in the Notice to Bidders. Bidder encloses the Bid Security as required in Bidding Documents. The Anti/Non-Collusion Affidavit, in its entirety, is incorporated herein by reference.

1.1.15 “City Engineer” as defined in the Standard Specifications. When the project also includes a participating public trust any notifications and approvals will also include the

General Manager of any participating public trust.

1.1.16 “Awarding Public Agency” defined as the public entity awarding a Public

Improvement Contract.

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 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.bidnetdirect.com%2Foklahoma%2Fcityofoklahomacityandtrusts&data=05%7C02%7Cchad.harrison%40okc.gov%7C2fb723ccb7624266484b08dd34dda298%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C638724848694442239%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=ewpueZY%2BZSazr7WYT41pSbdv9bTqMMJhSL3LKjC52GA%3D&reserved=0 mailto:support@bidnet.com

9 | P a g e 2024.11.7 make void any Contract made by the Awarding Public Agency with the Bidder based upon such Bid.

1.3 PREQUALIFICATION AND LICENSES

1.3.1 Application for prequalification must be made to the Contractor's Prequalification

Board and the required information provided to the Board. Any person performing work for which the Prequalification Review Board has established a prequalification classification must be prequalified by the Prequalification Review Board before performing such work, including but not limited to work to which these Standard

Specifications are applicable and as described in Article 1.1.9 above and any public construction contract, work on public property, or work on a public improvement, as defined by the Oklahoma City Municipal Code. Regardless of whether prequalification is required to bid, any contractor and any subcontractor performing work for which a prequalification class has been established must also have obtained any prequalification and must also have obtained any permit(s) and any license(s) required by the City of

Oklahoma City or any government agency having jurisdiction or authority, which is/are necessary to perform work for the accomplishment of the project. The Bidder must include in its bid the cost of having a prequalified contractor or prequalified subcontractor perform any work for which a prequalification classification has been created.

1.3.2 Bidder’s must be Prequalified for the specific class or classes of work, as provided in the Bidding Documents and the City of Oklahoma City’s “Standard Specifications for the Construction of Public Improvements.” In the case of a joint venture, each of the participating entities in the joint venture must have obtained the specified prequalification.

Unless prequalification is specifically waived in the Bidding Documents for the project, the

City Clerk will not tabulate submission of any proposed Contractor or Bidder who is not listed, at the time for receipt of Bids, as Prequalified for the class or classes of work required for the project and such submission will not be considered by the Awarding Public

Agency.

1.3.3 The prequalification requirements for this Project are set forth in the Notice to

Bidders.

1.3.4 Regardless of whether or not prequalification is required to bid, any proposed

Contractor or Bidder must have obtained prequalification and any license or licenses required by the City of Oklahoma City which is/are necessary to the accomplishment of this Project. In the case of a joint venture, each of the participating entities in the joint venture must have obtained prequalification and any license or licenses required by the

City of Oklahoma City which is/are necessary to the accomplishment of this Project.

1.4 SALES TAX

1.4.1 Oklahoma sales and use tax exemptions may be available to Contractors on City

Projects. Contractor may pursue any available tax exemption at its own risk. The

Contractor is solely responsible for interpreting and determining the applicability and

10 | P a g e 2024.11.7 availability of these exemptions. The Contractor should consult private legal counsel to determine whether purchases are exempt from applicable taxes. The Contractor is solely responsible for obtaining all documents and for complying with all regulations and procedures applicable to its use of these exemptions. The City’s tax exemption information is available through the City Treasurer’s Office (405)297-2229; however, by providing such information the City neither warrants the applicability or availability of any tax exemption nor does it waive or modify the provisions in Section 1.4.3 below.

1.4.2 Oklahoma sales and use tax exemptions are not available to Contractors on Trust

Projects. However, Oklahoma sales and use tax exemptions may be available to the Trust for direct purchases made by the Trust. The Trust will only make direct purchases related to a project as specifically and expressly stated in a Special Provision.

1.4.3 The Contractor will be responsible for and bear the cost of all applicable sales and use taxes and all other applicable local, state, or federal taxes pertaining to the project.

Applicable taxes will be deemed a cost the Contractor has included in its Bid and Contract

Price (Lump Sum Price and Unit Prices) and by extension of such Unit Prices in any subsequently issued Amendment. Similarly, the Contractor must include any applicable taxes in any Change Order. Neither the City nor any participating trust will be liable for any change in taxes or any new or additional taxes; such taxes will be and are a risk and liability of the Bidder or Contractor included in its Bid and Contract Price and any such change in, or new or additional tax will not be paid or reimbursed by the City or trust.

1.5 STANDARD SPECIFICATIONS

1.5.1 The City of Oklahoma City's "Standard Specifications for the Construction of Public

Improvements," as most recently amended, shall govern all aspects of bidding for and construction of the project. The provisions of the "Standard Specifications for the

Construction of Public Improvements" are applicable to and binding upon the project unless and except where specifically superseded by a provision(s) of the Bidding

Documents and/or the Special Provisions for the project. The Special Provisions shall prevail over any conflicting statement or requirement elsewhere in the Bidding

Documents. Special Provisions – Technical shall control over Special Provisions –

General. Provided however, Project Plans shall control over Special Provisions –

Technical and Special Provisions – General. Copies of the "Standard Specifications for the Construction of Public Improvements" may be viewed or downloaded at www.okc.gov/departments/public-works.

1.6 ELECTRONIC BIDDING

1.6.1 The Electronic Bidding Process is available at

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

For any assistance in completing the Electronic Bidding Process, please call the BidNet

Support Team at 800-835-4603, option 2, or e-mail support@bidnet.com for assistance.

http://www.okc.gov/departments/public-works https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts

11 | P a g e 2024.11.7

1.6.2 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 – BIDDERS 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 inspected the Project Site and become familiar with local conditions under which this

Project is to be constructed and has informed himself by independent research of the difficulties to be encountered and personally judged the accessibility of this Project and all attending circumstances affecting the cost of constructing this Project 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 this Project for which the Bid is submitted and for other portions of this Project, 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.

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 1.1.14.

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 Awarding Public Agency nor the consulting Architect/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 at once report to the General Manager or the consulting

Architect/Engineer any errors, inconsistencies or ambiguities discovered. All requests for interpretation of the Bidding Documents must be made to the General Manager and to any consulting Architect/Engineer.

3.2.2 Addendum Required. The Bidding Documents represent all the information the

Awarding Public Agency will provide. Interpretations and corrections of and/or changes to https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts

12 | P a g e 2024.11.7 the Bidding Documents will be made only by addendum. Such addenda shall be issued by the City Engineer and approved or ratified by the Awarding Public Agency.

Interpretations and/or changes made in any other manner will not be binding upon the

Awarding Public Agency 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

General Manager or consulting Architect/Engineer 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 this Project, including changes in this Project 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 Bidder.

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 General Manager and approved or ratified by the

Awarding Public Agency. 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 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 Awarding Public Agency. 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.

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3.4.3 The Electronic Bidding Process shall be considered proof that the Awarding Public

Agency delivered notification of an addendum to a Bidder.

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 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 Bidding Documents.

Should the Bidding Documents 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.

4.1.5 Unless otherwise provided in the Bidding Documents, where unit prices are bid, payments and claims will be based on actual quantities used. Any substantial change(s) in quantities required to complete this Project 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 Awarding Public Agency 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 Certificate of Insurance and other required

14 | P a g e 2024.11.7 documents, the amount of the Bid Security shall be forfeited to the Awarding Public

Agency as liquidated damages, not as a penalty.

4.2.2 The Awarding Public Agency 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 the Notice to Bidders.

4.3.2 All Bids from prequalified Bidders timely received may be considered by the

Awarding Public Agency 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.

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ARTICLE 5 – CONSIDERATION OF BIDS

5.1 OPENING OF BIDS; TIME FOR CONSIDERATION

5.1.1 Bids 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. A tabulation of bid information may be made available to the Bidders within a reasonable time.

5.2 REJECTION OF BIDS

5.2.1 Timely and properly submitted bids from qualified bidders will be considered by the

Awarding Public Agency. Awarding Public Agency has the right to reject any or all bids.

Awarding Public Agency has the right to waive immaterial defects or immaterial irregularities in a timely submitted bid received and to accept such bid, which, in the

Awarding Public Agency's judgment, is in its own best interest as outlined in the Standard

Specifications.

5.3 ACCEPTANCE OF BID AND AWARD OF CONTRACT

5.3.1 It is the intent of the Awarding Public Agency to award a Contract to the lowest and best responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents.

5.3.2 The Awarding Public Agency shall have the right to accept add/deduct alternate bids 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 Awarding Public Agency at its discretion, unless otherwise stated in the Bidding Documents.

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 Awarding Public Agency reserves the right to offer the

Contract to the Bidder deemed to be the next lowest and best responsible Bidder.

ARTICLE 6 - CONTRACT AND BONDS

6.1 BOND AND INSURANCE REQUIREMENTS

6.1.1 See the Bidding Documents for Bond requirements.

6.1.2 The cost of such Bonds shall be included in the amount of the Bid.

6.1.3 The Awarding Public Agency 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 Awarding Public Agency in any litigation involving bonds issued in favor of the Awarding Public Agency; or, (3) is not licensed or otherwise permitted to do business in the State of Oklahoma.

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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 Bidding Documents, to the Awarding Public

Agency no later than seven (7) calendar days following the Awarding Public Agency’s notification of its intent to award Contract, unless that time is extended by the Awarding

Public Agency.

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

Awarding Public Agency.

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.

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LIST OF CONTRACT DOCUMENTS

The successful Bidder, as Contractor, is responsible for the proper completion and submission of the documents listed below within seven (7) calendar days following the

Awarding Public Agency’s notification of its intent to award the Contract, unless that time is extended by the Awarding Public Agency.

All forms must have the original ink signature of a person authorized to bind the

Contractor. All documents must be attested to or notarized as required by the "Signature

Requirements for Bidding Documents."

All Bonds must be issued by a surety licensed to do business in the State of Oklahoma and meeting the requirements of the Oklahoma Competitive Bidding Act of 1974 and the

Bidding Documents.

REQUIRED CONTRACT DOCUMENTS

Contract

Performance Bond in the amount of the Contract

Statutory Bond in the amount of the Contract

Maintenance Bond in the amount of the Contract and for the term required in the Bidding

Documents

Certificate of Nondiscrimination

**Small, Local and Minority Business Subcontracting Plan

Certificates of Insurance in the types and amounts required in the Bidding Documents, including:

Workers' Compensation

Public liability and Property Damage

Builder's Risk

Any other documents required in the Bidding Documents

**A Work Order will not be issued by the City Engineer until the Contractor’s Small, Local and Minority Business Subcontract Plan is received by the Awarding Public Agency.

Subsequent to completion of project and final inspection, neither project final acceptance nor payment of final claim will be initiated until the Small, Local and Minority Business

Subcontracting Plan Close Out Report is received and approved by the Awarding Public

Agency.

Forms to be Used. Included in these Bidding Documents are samples of the Contract, Bonds and Certificate of Non-Discrimination to be executed by successful Bidder, as

Contractor. Signature lines may be revised to reflect the parties to the Contract and Bonds for this Project. Awarding Public Agency will provide to successful Bidder the documents to be signed. Contractor shall use only the forms provided by the Awarding Public Agency, or photocopies thereof, and shall make no changes or alterations in the documents other than to add signature lines for joint ventures or limited liability companies in accordance with the instructions in the "Signature Requirements for Bidding Documents."

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CONTRACT

Project __________________________

THIS CONTRACT by and between the Oklahoma City Water Utilities Trust, referred to in the

Bidding Documents and herein as “Awarding Public Agency”, and Contractor Name, hereinafter termed "Contractor" is made and entered into on the date approved by the Awarding Public Agency.

WITNESSETH:

WHEREAS, the Awarding Public Agency has caused to be prepared certain Bidding

Documents; has caused Notice to Bidders; and has received bids for the above Project; and

WHEREAS, Contractor, in response to said Notice to Bidders, has submitted to Awarding

Public Agency a bid; in accordance with the Bidding Documents; and

WHEREAS, the Awarding Public Agency has determined Contractor to be the lowest responsible bidder and has awarded, as stated by the Awarding Public Agency, this Contract for this

Project for the sum of: dollar amount spelled out dollars ($X).

NOW, THEREFORE, for and in consideration of the mutual agreements and covenants herein contained, the parties to this Contract have agreed and hereby agree as follows:

1. The Contractor shall, in a good and first-class, workmanlike manner, at his own cost and expense, furnish all labor, materials, tools, and equipment required to perform and complete said Project in strict accordance with the Contract Documents, including but not limited to the

Bidding Documents, “Standard Specifications for Construction of Public Improvements,” any

Special Provisions, schedules and plans approved by the Awarding Public Agency, and Contractor’s bid, all of which documents are on file in the Office of the City Clerk of The City of Oklahoma City and are made a part of this Contract as fully as if the same were herein set out at length, with the following alternates and/or deletions: (if none, so state) None.

2. The Awarding Public Agency shall make payments to the Contractor in the following manner: On or about the first day of each month, the City Engineer or designee will review estimates of the value, based on Contract prices and/or schedule of values of work done and materials incorporated in the work and of materials suitably stored at the site thereof during the preceding calendar month. The Contractor shall furnish the City Engineer or designee such detailed information as requested.

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

3. On completion of the Project, but prior to the acceptance thereof by the Awarding

Public Agency, it shall be the duty of the City Engineer or designee to determine that said work has been completely and fully performed in accordance with said Contract Documents, and upon making such determination, make a final certificate to the Awarding Public Agency. The Contractor shall furnish proof that all claims and obligations incurred by the Contractor in connection with the performance of said work have been fully paid and settled; said information shall be in the form of an affidavit, which shall bear the approval of the surety on the contract bonds for payment of the final estimate to the Contractor; thereupon, the final estimate (including retainages) will be approved

19 | P a g e 2024.11.7 and paid and the same shall be in full for all claims of every kind and description said Contractor may have by reason of having entered into or arising out of this Contract.

This Contract shall be effective upon approval and execution by the Awarding Public Agency below.

ATTEST: CONTRACTOR

_________________________________ By: _________________________________

SECRETARY (Witness)

As: _________________________________

REVIEWED for form and legality.

ASSISTANT MUNICIPAL COUNSELOR

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APPROVED by the Oklahoma City Water Utilities Trust this _______ day of

______________________, 20____.

ATTEST: OKLAHOMA CITY WATER UTILITIES

TRUST

SECRETARY CHAIRMAN

CONCURRED by the Council for The City of Oklahoma City this ______ day of

______________________, 20_____.

ATTEST: CITY OF OKLAHOMA CITY

CITY CLERK MAYOR

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PERFORMANCE BOND

Project __________________________

KNOW ALL MEN BY THESE PRESENTS:

That we ____________________________________________________, as Contractor, and _____________________________________________________, as Surety, are severally and jointly held and firmly bound unto ______________________________________________, referred to in the Bidding Documents and herein as “Awarding Public Agency” in the sum of such sum being equal to 100% of the Contract price, for the payment of sum amount, we, and each of us, bind ourselves, our heirs, executors and assigns, themselves, and its successors and assigns, jointly and severally, firmly to the terms of this Bond by these presents.

WITNESSETH:

WHEREAS, the Awarding Public Agency has caused to be prepared certain Bidding

Documents; has caused Notice to Bidders; and has received bids for the above Project; and, WHEREAS, Contractor, in response to said Notice to Bidders, has submitted to Awarding

Public Agency a bid; in accordance with the Bidding Documents; and

WHEREAS, the Awarding Public Agency has determined Contractor to be the lowest responsible bidder and has awarded, as stated by the Awarding Public Agency, this Contract for this

Project, which Contract is hereby made a part and parcel of this Bond as if literally written herein.

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

Bidding Documents and the Contract Documents, and according to certain plans and specifications heretofore made, adopted, and placed on file in the Office of the City Clerk of The City of Oklahoma

City, and shall promptly pay or cause to be paid, all labor, material, equipment and/or repairs and all labor performed on said work, whether by subcontract or otherwise, and shall protect and save harmless the Awarding Public Agency and The City of Oklahoma City and all interested property owners against all claims, demands, causes of action, losses or damage, and expense to life or property suffered or sustained by any person, firm, or corporation by reason of negligence of the

Contractor or his or its agents, servants, or employees in the construction or provision of said work, or by or in consequence of any improper execution of the work or act of omission or use of inferior

22 | P a g e 2024.11.7 materials by said Contractor, or his or its agents, servants, or employees and shall protect the

Awarding Public Agency and The City of Oklahoma City harmless from all suits and claims of infringement or alleged infringement of patent rights or processes, then this obligation shall be void;

otherwise, this obligation shall 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 Contractor has caused these presents to be executed in its name by its duly authorized officer, agent or representative; and the said Surety has caused these presents by its attorney-in-fact duly authorized so to do.

(Secretary/Witness)

ATTEST: SURETY

(Secretary/Witness) Attorney in Fact

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ATTEST: OKLAHOMA CITY WATER UTILITIES TRUST

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STATUTORY BOND

Project __________________________

KNOW ALL MEN BY THESE PRESENTS:

That we _____________________________________________________, as Contractor, and _____________________________________________________, as Surety, are severally and jointly held and firmly bound unto the State of Oklahoma and the subcontractors, suppliers, and materialmen of the Contractor in the sum of such sum being equal to 100% of the Contract price, for the payment of sum amount, we, and each of us, bind ourselves, our heirs, executors and assigns, themselves, and its successors and assigns, jointly and severally, firmly to the terms of this Bond by these presents.

WITNESSETH:

WHEREAS, the Awarding Public Agency has caused to be prepared certain Bidding

Documents; has caused Notice to Bidders; and has received bids for the above Project; and, WHEREAS, Contractor, in response to said Notice to Bidders, has submitted to Awarding

Public Agency a bid; in accordance with the Bidding Documents; and

WHEREAS, the Awarding Public Agency has determined Contractor to be the lowest responsible bidder and has awarded, as stated by the Awarding Public Agency, this Contract for this

Project, which Contract is hereby made a part and parcel of this Bond as if literally written herein.

NOW, THEREFORE, if said Contractor shall fail or neglect to pay all indebtedness incurred by said Contractor to its subcontractors, suppliers and materialmen who perform work or provided labor, materials, machinery, supplies and equipment in the performance of the Contract, within thirty

(30) calendar days after the same becomes due and payable, the person, entity or corporation entitled thereto may sue and recover on this Bond, the amount so due and unpaid up to the amount of this Bond. Upon payment of all indebtedness due said subcontractors, suppliers and materialmen on this Project, this Bond shall become fully satisfied.

IT IS FURTHER EXPRESSLY AGREED AND UNDERSTOOD by the parties hereto that no changes or alterations in said Contract and no deviations from the Bidding Documents and the

Contract shall have the effect of releasing the sureties, or any of them, from the obligations of this

Bond.

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IN WITNESS WHEREOF, the said Contractor has caused these presents to be executed in its name by its duly authorized officer, agent or representative; and the said Surety has caused these presents to be executed by its attorney-in-fact duly authorized so to do.

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MAINTENANCE BOND

Project __________________________

KNOW ALL MEN BY THESE PRESENTS:

That we ____________________________________________________, as Contractor, and __________________________________________________, as Surety, are severally and jointly held and firmly bound unto _________________________________________________, referred to in the Bidding Documents and herein as “Awarding Public Agency” in the sum of such sum being equal to 100% of the Contract price, for the payment of sum amount, we, and each of us, bind ourselves, our heirs, executors and assigns, themselves, and its successors and assigns, jointly and severally, firmly to the terms of this Bond by these presents.

WITNESSETH:

WHEREAS, the Awarding Public Agency has caused to be prepared certain Bidding

Documents; has caused Notice to Bidders; and has received bids for the above Project; and, WHEREAS, Contractor, in response to said Notice to Bidders, has submitted to Awarding

Public Agency a bid; in accordance with the Bidding Documents; and

WHEREAS, the Awarding Public Agency has determined Contractor to be the lowest responsible bidder and has awarded, as stated by the Awarding Public Agency, this Contract for this

Project, which Contract is hereby made a part and parcel of this Bond as if literally written herein.

NOW, THEREFORE, if said Contractor shall pay or cause to be paid to the Awarding Public

Agency all damage, loss, and expense which may result by reason of failed or defective materials and/or workmanship in connection with said work occurring within a period of two (2) year(s) from and after acceptance of said Project and work by the Awarding Public Agency, then this obligation shall be null and void, otherwise to be and remain in full force and effect.

It is further agreed that if the said Contractor or Surety herein shall fail to maintain said Project and work against any failure due to defective workmanship and/or material for a period of two (2) year(s) and at any time repairs shall be necessary that the cost of making said repairs shall be determined by the Awarding Public Agency or its designees to ascertain the same, and if, upon thirty

(30) days of notice, the said amount ascertained shall not be paid by the Contractor or Surety herein, or if the necessary repairs are not made, the said amount shall become due upon the expiration of

28 | P a g e 2024.11.7 thirty (30) days and suit may be maintained to recover the amount so determined in any Court of competent jurisdiction. And that the amount so determined shall be conclusive upon the parties as to the amount due on this Bond for the repair or repairs included therein, and that the cost of all repairs shall be so determined from time to time during the life of this Bond as the condition of the improvements may require.

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 Surety or the Contractor, or either of them, from…