SW-0234-1 Solid Waste Ops Center - Specifications and Standard Provisions Book-Signed.pdf

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OKLAHOMA

CITY

WATER

UTILITIES

TRUST

VOLUME 1 OF 2

SPECIFICATIONS AND SPECIAL PROVISIONS

Trustees:

James D. Couch, Chairman, Independent Trustee Sharon Voorhees, Independent Trustee Todd Stone, Council Trustee David Holt, Mayor Trustee

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

Laura A. Johnson, Surrogate Trustee

Chris Browning, General Manager Amy K. Simpson, Secretary

SW-0234-1

Solid Waste Operations Center Improvements 11501 North Portland Avenue

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

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TABLE OF CONTENTS

DOCUMENT PAGE

VOLUME 1

TABLE OF CONTENTS

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

SPECIAL PROVISIONS – GENERAL

SPECIAL PROVISIONS – TECHNICAL

SPECIAL PROVISIONS – SUPPLEMENTARY CONDITIONS

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 .. 48

CERTIFICATE OF INSURANCE

LIST OF DOCUMENTS REQUIRED FOR THIS BID

SIGNATURE REQUIREMENTS FOR BIDDING DOCUMENTS

ATTACHMENT “A” – PRE-APPROVED PROJECT CHECKLIST

VOLUME 2

TECHNICAL SPECIFICATIONS .............................................................................. 1-177

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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:

SW-0234-1

Solid Waste Operations Center Improvements

11501 North Portland Avenue 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 30th day of April, 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: “Building Contractor

B”. 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, 1 North Walker, Large Conference Room 124-125, Oklahoma City, Oklahoma 73102 on April 17, 2025 at 10:00:00 a.m. All potential bidders are responsible to read all

Bidding Documents and submit questions in writing through the electronic bidding system by April 22, 2025 10:00:00 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 two hundred twenty-five (225) 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.

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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

6 | 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

7 | 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

8 | 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

9 | 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.

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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

11 | 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

13 | 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.

ARTICLE 5 – CONSIDERATION OF BIDS

5.1 OPENING OF BIDS; TIME FOR CONSIDERATION

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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.

6.2 TIME OF DELIVERY CONTRACTS, BONDS AND INSURANCE

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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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SPECIAL PROVISIONS – GENERAL

PART 1 - GENERAL

1. GENERAL

1.1. These Special Provisions – Water and Sewer - General are included in and are a part of the Bidding Documents for this Project.

1.2. Standard Specifications for the Construction of Public Improvements. The City of Oklahoma City's "Standard Specifications for the Construction of Public Improvements" as most recently amended, is included by reference in these Bidding Documents in its entirety as though fully set forth herein. The provisions of the "Standard Specifications of the Construction of Public Improvements" are applicable to and binding upon this Project unless and except where specifically superseded by a provision(s) of the Bidding Documents and/or the Special Provisions-Technical for this 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.

1.3. LIQUIDATED DAMAGES

The amount of liquidated damages for this project shall be ONE THOUSAND dollars ($1,000) per calendar day.

1.4. PERMITS

1.4.1. No Work shall begin until all licenses and permits have been obtained by Contractor at Contractor’s expense. Permits to include but not limited to the following:

1.4.2. Work Zone Permit

Oklahoma City Public Works

Traffic Management Division 420 W. Main, Suite 600

Oklahoma City, OK 73102 Ph: 405.297.2531

1.4.3. Storm Water Quality Permit

Oklahoma City Public Works

Storm Water Quality Division 420 W. Main Street, 3rd Floor

Oklahoma City, OK 73102

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Ph: 405.297.3542

1.4.4. Building permit(s) (if required)

Oklahoma City Development Services

Development Center

420 W. Main, Suite 800 Oklahoma City, OK 73102 Ph: 405. 297.2948

1.4.5. Work Zone Permits must be obtained from Traffic Management Division at least two (2) working days prior to the start of the Work and/or placing or removing any barricades or modifying existing traffic control devices.

1.4.6. The Awarding Public Agency has obtained the following permits for this project:

1.4.7. ODEQ Construction permit(s) (if required)

Oklahoma Department of Environmental Quality

Water Quality Division

700 N. Robison Avenue

Oklahoma City, OK 73102 Ph: 405.702.8100

1.4.8. All applicable permits must be closed as a condition of Final Acceptance, including but not limited to obtaining the Certificate of Occupancy

1.5. WATER CONSERVATION

1.5.1. On April 30, 2013, the City of Oklahoma City adopted a resolution establishing a permanent mandatory water conservation program restricting watering to every other day, with properties with odd-numbered addresses being permitted to water only on odd-numbered days and properties with even-numbered addresses being permitted to water only on even-numbered days. These conservation restrictions are applicable to City and OCWUT projects and Contractors just as they are applicable to Oklahoma City citizens.

See details at http://www.squeezeeverydrop.com.

1.5.2. Provided, however, the City of Oklahoma City also set up a variance program for new landscaping. The Contractor will be responsible for timely obtaining and, if and as granted, for compliance with the variance program requirements. See details at https://okc.gov/departments/utilities/squeeze-every-drop/water-conservation-program/variance-program. Failure to comply with the conditions and requirements of the mandatory water conservation restrictions or the variance may result in the receipt of a citation and/or the revocation of the variance.

1.6. MEASUREMENT AND PAYMENT – UNIT BID PAY ITEMS

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1.6.1. The quantities shown for unit bid pay items are estimated and are for the purpose of comparing Bids. The Trust reserves the right to direct that additional or reduced quantities of any Bid Item be furnished. Contractor will be paid at the unit bid pay item price for actual quantities installed in accordance with the direction of the Engineer. The Awarding Public Agency is not obligated to use the total quantities listed of the unit bid pay items listed in the Bid Form. The Awarding Public Agency may request addition, deletion or reduction of all or any portion of the quantities estimated in the respective Bid Items. The Contractor shall not be entitled to payments for unit price items unless specifically authorized in writing by the Engineer and the Awarding Public Agency. The Contractor agrees that it will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of materials, equipment, or Work actually performed or for the estimated amounts thereof.

1.7. QUANTITIES

1.7.1. The Contractor or its authorized representative must at the end of each day establish and agree with the Inspector the amount of the quantities which cannot be measured when the job is completed. These quantities are to be entered in the Inspector’s daily report and must be the basis for the final estimate.

1.8. CONTRACTORS RESPONSIBILITY FOR TIMELY AND FULLY PROVIDING THE

PROJECT AND ALL WORK AT BID PRICE(s)

1.8.1. The Contractor is solely responsible for securing the timely purchase and provision of all labor, materials, supplies and equipment. The Contractor must contract, in writing, with subcontractors, and with material and equipment suppliers for the timely manufacture, supply, and delivery of all labor, materials, supplies and equipment. It is the duty of the Contractor as part of its bidding process and as part of calculating its bid to identify and select subcontractors and material and equipment suppliers that can and will timely and fully perform the Work. It is the responsibility of the Contractor to include any risk of delay and of delay related cost increases in its Bid. Submission of a bid is a statement by the Contractor that the Contractor has contracted for firm fixed prices from subcontractors and for the material and equipment necessary for the Project. It is the duty of the Contractor to timely negotiate, attain and enforce a fixed-price contract with subcontractors and with material and equipment suppliers and to enforce timely delivery. The Awarding Public Agency will not pay any additional compensation for changes in prices of materials or equipment nor grant additional time for delays in the provision of materials or equipment based upon claims of force majeure or supplier nonperformance or delay. Neither the City nor OCWUT will be responsible for paying any additional compensation for delays caused by or claimed by the Contractor or its subcontractors or suppliers. If the Contractor cannot submit a Bid that includes firm fixed prices and timely delivery from its subcontractors and suppliers, then the Contract should not Bid as a Bid will be deemed an

19 | P a g e 2024.11.7 admission and a statement by the Contractor that the Contractor and its chosen subcontractors and suppliers can fully and timely perform for the Bid price.

1.9. MEETINGS

1.9.1. All meetings scheduled by the Engineer and/or Awarding Public Agency, including the mandatory pre-bid meeting, must be attended by the Contractor’s superintendent or qualified representative who is authorized to discuss and make binding decisions for the Contractor regarding the Project.

1.10. STORED MATERIALS AND EQUIPMENT

1.10.1. The quantities shown in these specifications are estimated quantities. The Contractor will be responsible for documenting and verifying the actual amount of materials necessary for completion of the Project. The Awarding Public Agency, upon verification and approval, will pay the suppliers invoice price for stored materials up to but not in excess of the estimated quantity per bid item or in excess of the unit bid pay item price. Awarding Public Agency does not pay directly for items including tax, shipping, handling, fees, etc.; these costs must be included in and accounted for and included in the unit bid item price. Suppliers’ Invoices of stored materials must indicate the same unit as the unit bid item. Stored materials are subject to Sections

109.12 – STORED MATERIALS AND EQUIPMENT of the Standard Specifications for Construction of Public Improvements (latest edition).

1.10.2. Awarding Public Agency will not pay for stored materials and equipment not installed at the completion of the Project. Any excess stored materials may be deducted from subsequent pay claims or will be deducted from the final contract amount to be paid to the Contractor. Awarding Public Agency will not pay costs such as return shipping, handling, restocking, etc.

of excess stored materials.

1.10.3. Payment will only be made for stored materials, or stored at the Contractor’s facility or Project Site and accessible by Inspection Services.

Stored materials must be stored to protect their condition from weather or other damage. Stored materials are at the risk of the Contractor for loss or damage and Contractor must replace any lost or damaged stored materials.

1.10.4. The Contractor must obtain insurance, as evidenced by a certificate of insurance, against damage, loss, and theft of the stored materials in the amount of the value of the materials, the invoice price or the unit bid item price, whichever is highest. The Contractor must provide a copy of the certificate of insurance for all stored materials with the invoice/claim for payment.

1.11. SURVEYING

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1.11.1. The Contractor must hire a registered professional Land Surveyor in the State of Oklahoma to perform survey work required including construction staking.

1.11.2. All surveying information, control points, elevations, GPS points, etc, must be submitted to the Project Engineer for review and approval.

1.12. AS-BUILT SURVEY

1.12.1. The Contractor must provide a complete GPS “As-Built” Survey for every one hundred feet (100’) along the alignment of the Project, and, coordinates of all appurtenances such as, but not limited to, valves, fire hydrants, existing water meters, manholes, and similar appurtenances.

1.12.2. Complete As-Built plans, AutoCAD drawing, and coordinates data sheet must be submitted by Contractor to the Engineer for approval with the final claim.

1.12.3. The Contractor must have the task performed by a professional land surveyor in the registered in the State of Oklahoma.

1.12.4. Data submitted must be tied to the Oklahoma State Plane Coordinate System.

1.13. SUPERVISION:

1.13.1. The City and the Awarding Public Agency have no contract with any sub-contractor, therefore the Contractor is solely responsible for the Project.

Neither the City of Oklahoma City nor the Awarding Public Agency will recognize any sub-contractor on the Work.

1.13.2. The Contractor must at all times when Work is in progress be represented at the project site of the Work either in person or by a qualified and approved superintendent who must be in direct charge of all operations on the Contract.

1.14. CLEARING & GRUBBING

1.14.1. Boring under large trees will be allowed as an alternate method in lieu of trenching. Should boring be used, the Contractor must not be paid for additional work involved.

1.14.2. The removal and replacement of all fences shall be included in the unit price bid for "Clearing and Grubbing" or considered incidental and shall not be paid for separately. Contractor is responsible for removing and resetting all existing fences, mailboxes, and clothesline poles in a condition equal to or better than those existing at the time of construction.

1.14.3. The removal and/or replacement of miscellaneous footings, walls, sidewalks, concrete and brick planters, sheds, concrete pads, landscape timbers, steps, portable buildings, and other items shall also be included in

21 | P a g e 2024.11.7 the unit price bid for "Clearing and Grubbing" or considered incidental and shall not be paid for separately.

1.14.4. The Contractor must use every precaution necessary to prevent damage to all trees, shrubs, fences, sidewalks, driveways, pavement, etc.

adjacent to the line of construction and outside the Project site.

1.14.5. The Contractor must repair or replace all damaged property at the Contractor’s own expense.

1.14.6. Gravel or dirt driveways must be restored to the equal or better than original condition and cost of same are incidental work which must not be paid for separately but will be included by Contractor in unit bid item prices for other items.

1.15. UTILITIES NOTIFICATION

1.15.1. The Contractor must notify the owners of all existing utilities and facilities conflicts with the proposed construction before the commencement of the Work. The following utilities but not limited to, must be notified:

Cox Cable (Engineering Department) – (405) 417-4064

OKIE 811 - (405) 840-5032

Oklahoma Natural Gas Company – (405) 556-6401

Oklahoma Gas and Electric Company – (405) 553-8543 or (800) 272-

Utilities Department (405) 297-2422

Public Works (405) 297-2581

AT&T (405) 313-9398

1.16. TESTING:

1.16.1. All tests must be in accordance with the appropriate specifications.

1.17. PUBLIC CONVENIENCES AND SAFETY:

1.17.1. Materials stored about the project site must be so placed and the

Work must at all times be so conducted as to cause no obstruction to the traveling public except as approved by the City Engineer in a Work Zone

Permit. The Contractor must make provisions at all cross streets, highways, sidewalks, and private driveways for the free passage of vehicles and sidewalks, and private driveways for the free passage of vehicles and pedestrians, provided that, where bridging is impractical or unnecessary, in the opinion of the City Engineer, the Contractor must make arrangements satisfactory to the City Engineer for the diversion of traffic and must, at his own expense, provide all barricades and materials and perform all Work

22 | P a g e 2024.11.7 necessary for the construction and maintenance of such roadway and bridges for the diversion of traffic. The Contractor must notify the Fire Department headquarters, Post Office, Police Department and Solid Waste Department when any street is closed or obstructed that will disrupt services of these departments and functions. When directed by the City Engineer, the

Contractor will keep any streets in condition for unobstructed use of fire apparatus.

1.18. TIME OF COMPLETION REPORTS

1.18.1. This “Time of Completion Report” form must be used to track the total

Contract time for the Project, timely completion of the job, and assessment of

Liquidated Damages in the event the Project is not completed on time. The

Contractor must also include in its “Time of Completion Report” notations of any change or amendment items and notations of any site conditions or issues affecting the time of completion.

1.18.2. The Contractor must complete the “Time of Completion Report” form provided by the Awarding Public Agency. The form must be reviewed and signed by the on-the-job Inspector assigned to the Project by the City. The completed and signed “Time of Completion Report” must be attached to the monthly claim form and approved by the Awarding Public Agency before any claim shall be processed or paid for labor, supplies, equipment, or Work provided during that period.

1.19. PROTECTION OF EXISTING STRUCTURES:

1.19.1. The Contractor must provide all necessary sheeting, shoring, and other bracing and supports to protect existing structures, facilities and improvements adjacent to the construction. This Work and any expense or cost is incidental to the Work and Project, will not be paid for separately, and must be included by the Contractor in the unit bid pay item price for other items.

1.20. DRIVEWAY BORE:

1.20.1. Driveways which are indicated to be bored shall be accomplished without casing, unless otherwise indicated on the construction plans. Payment for driveway bore is limited to the width of bored driveway without casing as shown on the project plans. Payment for driveway bore is limited to the width of the bored driveway plus five (5) feet additional on each side of driveway.

2. WATER

END OF SECTION

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SPECIAL PROVISIONS – TECHNICAL

PART 1 - GENERAL

1. GENERAL

1.1. These Special Provisions – Water and Sewer - Technical are included in and are a part of the Bidding Documents for this Project.

1.2. STANDARD SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC

IMPROVEMENTS

1.3. Standard Specifications for the Construction of Public Improvements. The City of Oklahoma City's "Standard Specifications for the Construction of Public Improvements" as most recently amended, is included by reference in these Bidding Documents in its entirety as though fully set forth herein. The provisions of the "Standard Specifications of the Construction of Public Improvements" are applicable to and binding upon this Project unless and except where specifically superseded by a provision(s) of the Bidding Documents and/or the Special Provisions-Technical for this 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.

1.4. The Pre-Approved Product Checklist for use in construction of water and sewer infrastructure is incorporated as Attachment “A”.

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SPECIAL…