Tunnel and Parking Garage MEP Upgrades Project Manual-Signed (1).pdf

OCAT 00005-1 TUNNEL AND PARKING GARAGE MEP UPGRADES

Spec signature page

Architect

CA#00057 Expiration Date 06/30/2027

Mechanical Engineer

CA#10PE Expiration Date 06/30/2026

Electrical Engineer

CA#10PE Expiration Date 06/30/2026

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TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

Document Name Document No.

Section 000—General Information

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

Section 200 – Prequalification and Bid Documents

Bid Documents – Cover Sheet OCAT 00200 Prequalification OCAT 00201 Available via Electronic Bidding Process Only:

Anti/Non-Collusion Affidavit OCAT 00203 Business Relationship Affidavit OCAT 00204

Section 300 – Award Documents

Bid Affidavits, Statements, and Certificates – Cover Sheet OCAT 00300 Certificate of Non-Discrimination OCAT 00301 Immigration Affidavit OCAT 00302 Local Subcontractor Utilization Plan and Affidavit OCAT 00303

Section 400 – Contract Documents

Contract Documents – Cover Sheet OCAT 00400 Construction Contract (Agreement) OCAT 00401 Performance Bond OCAT 00430 Payment Bond (Statutory Bond) OCAT 00440 Maintenance Bond OCAT 00450 Instructions for Uniform Claim Voucher and Invoice for Construction Services OCAT 00480 Uniform Claim Voucher and Invoice for Construction Services Form OCAT 00481 Contractor’s Itemized Breakdown for Change Order Request OCAT 00482 Certificate of Substantial Completion OCAT 00487 Certificate of Partial Substantial Completion OCAT 00490 Release Form OCAT 00491 Local Subcontractor Business Utilization Closeout Report OCAT 00492

Section 500 – Trust General Provisions

OCAT General Provisions – Cover Sheet OCAT 00500 Section 501 – Definitions OCAT 00505 Section 502 – Standard Specifications and Preface OCAT 00510 Section 503 – Applicability of Standard Specifications OCAT 00515

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Section 504 – General Provisions OCAT 00520 Section 505 – Notice to Bidders OCAT 00525 Section 506 – Prequalification of Bidders OCAT 00530 Section 507 – Bid Requirements and Conditions OCAT 00535 Section 508 – Employment Practices OCAT 00540 Section 509 – Award and Execution of Public Construction Contracts OCAT 00545 Section 510 – Contract Bonds Required OCAT 00550 Section 511 – Pre-Work OCAT 00555 Section 512 – Scope of Work OCAT 00560 Section 513 – Control of the Work and Materials OCAT 00565 Section 514 – Legal Relation and Responsibility to the Public OCAT 00570 Section 515 – Prosecution and Progress OCAT 00575 Section 516 – Measurement and Payment OCAT 00580

Section 600 – Special Provisions

Other Provisions – Cover Sheet OCAT 00600 OCAT Supplementary Provisions OCAT 00605

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DIVISION 01 -- GENERAL REQUIREMENTS

01 10 00 - SUMMARY

01 23 00 - ALTERNATES

01 25 00 - SUBSTITUTION PROCEDURES

01 26 00 - CONTRACT MODIFICATION PROCEDURES

01 29 00 - PAYMENT PROCEDURES

01 31 00 - PROJECT MANAGEMENT AND COORDINATION

01 32 00 - CONSTRUCTION PROGRESS DOCUMENTATION

01 33 00 - SUBMITTAL PROCEDURES

01 40 00 - QUALITY REQUIREMENTS

01 42 00 - REFERENCES

01 50 00 - TEMPORARY FACILITIES AND CONTROLS

01 60 00 - PRODUCT REQUIREMENTS

01 73 00 - EXECUTION

01 77 00 - CLOSEOUT PROCEDURES

01 78 23 - OPERATION AND MAINTENANCE DATA

DIVISION 02 -- EXISTING CONDITIONS

02 41 19 - SELECTIVE DEMOLITION

DIVISION 05 -- METALS

05 50 00 - METAL FABRICATIONS

DIVISION 06 -- WOOD, PLASTICS, AND COMPOSITES

06 10 00 - ROUGH CARPENTRY

DIVISION 07 -- THERMAL AND MOISTURE PROTECTION

07 21 00 - THERMAL INSULATION

07 84 43 - JOINT FIRESTOPPING

07 92 00 - JOINT SEALANTS

DIVISION 08 -- OPENINGS

08 11 13 - HOLLOW METAL DOORS AND FRAMES

08 31 13 - ACCESS DOORS AND FRAMES

08 71 00 - DOOR HARDWARE

DIVISION 09 -- FINISHES

09 22 16 - NON-STRUCTURAL METAL FRAMING

09 29 00 - GYPSUM BOARD

09 30 13 - CERAMIC TILING

09 51 13 - ACOUSTICAL PANEL CEILINGS

09 91 23 - INTERIOR PAINTING

DIVISION 22 -- PLUMBING

22 05 00 - COMMON WORK RESULTS FOR PLUMBING

22 05 23 - GENERAL-DUTY VALVES FOR PLUMBING PIPING

22 05 29 - HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT

22 05 53 - IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT

22 05 93 - TESTING, ADJUSTING, AND BALANCING FOR PLUMBING

22 13 16 - SANITARY WASTE AND VENT PIPING

22 14 14 - STORM DRAINAGE PIPING

22 14 23 - STORM DRAINAGE PIPING SPECIALTIES

22 14 29 - SUMP PUMPS

DIVISION 23 -- HEATING VENTILATING AND AIR CONDITIONING

23 05 00 - COMMON WORK RESULTS FOR HVAC

23 05 23 - GENERAL-DUTY VALVES FOR HVAC PIPING

23 05 29 - SUPPORTS AND ANCHORS

23 05 48.13 - VIBRATION CONTROLS FOR HVAC

23 05 53 - IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT

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23 05 93 - TESTING, ADJUSTING, AND BALANCING FOR HVAC

23 07 19 - HVAC PIPING INSULATION

23 09 23 - DIRECT DIGITAL CONTROL SYSTEM FOR HVAC

23 21 13 - HYDRONIC PIPING

23 21 16 - HYDRONIC PIPING SPECIALTIES

23 23 00 - REFRIGERANT PIPING

23 31 13 - METAL DUCTS

23 33 00 - AIR DUCT ACCESSORIES

23 37 13.13 - AIR DIFFUSERS

23 37 13.23 - REGISTERS AND GRILLES

23 73 13.19 - INDOOR, CUSTOM AIR-HANDLING UNITS

23 81 29 - VARIABLE-REFRIGERANT-FLOW HVAC SYSTEMS

23 82 39.19 - WALL AND CEILING UNIT HEATERS

DIVISION 26 -- ELECTRICAL

26 05 19 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

26 05 26 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

26 05 29 - HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS

26 05 33.13 - CONDUITS FOR ELECTRICAL SYSTEMS

26 05 33.16 - BOXES AND COVERS FOR ELECTRICAL SYSTEMS

26 05 44 - SLEEVES AND SLEEVE SEALS FOR ELECTRICAL RACEWAYS AND CABLING

26 05 53 - IDENTIFICATION FOR ELECTRICAL SYSTEMS

26 22 13 - LOW-VOLTAGE DISTRIBUTION TRANSFORMERS

26 24 16 - PANELBOARDS

26 28 16 - ENCLOSED SWITCHES AND CIRCUIT BREAKERS

26 29 23 - VARIABLE-FREQUENCY MOTOR CONTROLLERS

26 50 00 - LIGHTING

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LIST OF DRAWINGS

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SOLICITATION FOR BIDS

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

PROJECT NO. Trust OCAT OKC 2531

TUNNEL AND PARKING GARAGE MEP UPGRADES

OKC WILL ROGERS INTERNATIONAL AIRPORT

FOR

OKLAHOMA CITY AIRPORT TRUST

OKLAHOMA CITY, OKLAHOMA

in the OFFICE OF THE CITY CLERK, Municipal Building, 200 North Walker Avenue, Oklahoma City, Oklahoma, 73102, until 10:00:00 a.m. on the 22nd day of October, 2025. Bids shall be opened electronically at the above stated time for receipt of bids or as soon thereafter as practicable.

Bids shall be made in accordance with the Bidding Documents, which are on file with the City Clerk and available for examination at https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts.

Bidders shall pre-register for electronic bidding at https://www.bidnetdirect.com/public/user-registration?purchasingGroupId=93598201. Bidders shall be pre-qualified pursuant to Ordinance No.

26,614 approved by the City Council on December 8, 2020, or qualified as otherwise specified in the Bidding Documents. All affidavits and certifications identified and listed herein as Bidding Documents shall be properly executed and accompany the bid of each Bidder.

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

The Oklahoma City Airport Trust reserves the right to reject any and all bids and to waive any and all informalities.

A MANDATORY Pre-Bid Conference for the subject project will be held in the Department of Airports Osage Conference Room, 2nd Floor, Terminal Building, Will Rogers World Airport, 7100 Terminal Dr, Oklahoma City, OK 73159, at 11:00 a.m. on October 8th, 2025. The only planned site visit will immediately follow the Pre-Bid Conference.

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

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

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

This is not a Federally funded project.

END OF SECTION

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SUMMARY OF INSTRUCTIONS TO BIDDERS

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

The “Electronic Bidding Process” shall mean a bid process through electronic means only. All signatures will be accepted through electronic methods. The Electronic Bidding Process will be available at https://www.bidnetdirect.com/oklahoma/cityofoklahomacityandtrusts. For assistance in completing the electronic process, please contact Bidnet Direct via e-mail at support@bidnet.com or telephone at 800-835-4603.

Affidavits: Download, review, complete, sign, and upload the Anti/Non-Collusion Affidavit and

Business Relationship Affidavit forms in the Electronic Bidding System.

Bidding and Awarding Requirements: Refer to State of Oklahoma “Public Competitive Bidding

Act of 1974” and/or the Public Trust Act provisions with additions and amendments thereto.

PRE-BID CONFERENCE

A MANDATORY Pre-Bid Conference for the subject project will be held in the Department of Airports Osage Conference Room, 2nd Floor, Terminal Building, Will Rogers World Airport, 7100 Terminal Dr, Oklahoma City, OK 73159, at 11:00 a.m. on October 8th, 2025. The only planned site visit will immediately follow the Pre-Bid Conference.

PREQUALIFICATION OF CONTRACTORS

Bidders on this Project must be pre-qualified with The City of Oklahoma City, Oklahoma. See

Trust 00201 for specific qualifications requirements.

ELECTRONIC SIGNATURE

Only a person having the legal authority to bind the Bidder may submit a Bid through the

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

BONDS

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

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

• Performance Bond.

• Statutory Bond.

• Maintenance Bond.

FEES AND PERMITS

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

• The Contractor, his employees, agents and sub-contractors are solely responsible for

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applying for and obtaining all required City, County and State permits licenses and inspections.

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

CONDITIONS RELATING TO CONSTRUCTION

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

EXAMINATION OF DOCUMENTS AND CONSTRUCTION SITE

Prior to submitting a Bid, examine the Bidding and Contract Documents and examine the site of the work to obtain first-hand knowledge of all existing conditions under which Bidder will be required to operate. Successful Bidder will not be given extra payments for conditions which can be determined by examining the Documents and site.

Errors, inconsistencies, or omissions discovered in the Bidding and/or Contract Documents must be reported to the Project Manager through the Electronic Bidding Process at least seven (7) days prior to Bid Date and will be corrected by addenda when applicable. If Bidder does not notify the

Project Manager of any such conditions, it will be assumed all items of work and materials have been included in Bidder’s Bid.

CONSTRUCTION CONTRACT

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

DOCUMENTS REQUIRED TO BID

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

• Electronic Bid Items.

• Bid Security

• Anti/Non-Collusion Affidavit

• Business Relationships Affidavit

DOCUMENTS REQUIRED FOR CONTRACT AWARD

• Construction Contract (OCAT 00401)

• Certificates of Insurance (Performance Bond (OCAT 00430)

• Payment Bond (Statutory Bond) (OCAT 00440)

• Maintenance Bond (OCAT 00450)

• Certificate of Nondiscrimination (OCAT 00401)

• Immigration Affidavit (OCAT 00402)

• Local Subcontractor Business Utilization Plan Affidavit

The following item(s) will be executed by the successful Bidder upon completion of the Contract:

• Release Form (OCAT 00591)

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Local Subcontractor Business Utilization Close Out Report

END OF SECTION

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SECTION 200

PREQUALIFICATION AND BID DOCUMENTS

Project No. Trust OCAT OKC 2531

OKC WILL ROGERS INTERNATIONAL AIRPORT

for

Oklahoma City Airport Trust

Oklahoma City, Oklahoma

Bid Items and Bid Documents are ONLY Available via Electronic Bidding Process

Download, complete, execute, and upload the Bid Documents forms in the Electronic

Bidding System

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PRE-QUALIFICATION OF BIDDERS

Pre-qualification Required.

For this project, Contractor must be Pre-qualified as listed by the Pre-qualification Review

Board under the provisions of Ordinance No. 26,614 approved by City Council on

December 8, 2020. The Pre-qualification area/s acceptable for this project are as follows:

Building contractor “B”.

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SECTION 300

AWARD DOCUMENTS

OKC WILL ROGERS INTERNATIONAL AIRPORT

for

OCAT 00301-1 TUNNEL AND PARKING GARAGE MEP UPGRADES

CERTIFICATE OF NON-DISCRIMINATION

BIDDER MUST RETURN THIS EXECUTED FORM WITH THE CONTRACT

DOCUMENTS

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

A. The Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, ancestry, age or disability.

The Contractor shall take affirmative action to ensure that employees are treated without regard to their race, creed, color, national origin, sex, ancestry, age or disability, as defined by the Americans With Disabilities Act of 1990, Section 3 (2). Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, or pay or other forms of compensation and selection for training, including apprenticeship. The

Contractor and Subcontractors shall agree to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the City Clerk of the

City of Oklahoma City setting forth the provisions of this Section.

B. In the event of the Contractor's noncompliance with this Nondiscrimination Clause, the

Contract may be canceled or terminated by the Contracting Public Entity. The Contractor may be declared ineligible by the Contracting Public Entity for further contracts until satisfactory proof of intent to comply shall be made by the Contractor and/or

Subcontractors.

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

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

ATTEST: (Corporate Seal) [Contractor Name] Name of Corporation or Firm

Signature Signature

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

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

OCAT 00301-2 TUNNEL AND PARKING GARAGE MEP UPGRADES

STATE OF )

) ss.

COUNTY OF )

This instrument was subscribed, acknowledged and sworn to before me this __day of _______________, 20___, by _______________________________________________ (type or print the name of person signing above) as the above-named BIDDER, or Bidder's Authorized Agent.

(Seal)

My Commission expires: Notary Public

OCAT 00302-1 TUNNEL AND PARKING GARAGE MEP UPGRADES

IMMIGRATION AFFIDAVIT

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

BIDDER MUST RETURN THIS EXECUTED FORM WITH THE CONTRACT

DOCUMENTS

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

IMMIGRATION INDEMNIFICATION:

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

IMMIGRATION AFFIDAVIT

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

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

[Contractor Name]

Name of Contractor/Vendor

Signature of Contractor/Vendor or Authorized Agent

Type or Print name and title of person who signed above

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This instrument was subscribed, acknowledged and sworn to before me this __day of _______________, 20___, by _______________________________________________ (type or print the name of person signing above) as the above-named BIDDER, or Bidder's Authorized Agent.

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

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SECTION 400

CONTRACT DOCUMENTS

OKC WILL ROGERS INTERNATIONAL AIRPORT

for

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CONSTRUCTION CONTRACT

This Construction Contract (“Contract”) by and between the Oklahoma City Airport Trust (“Trust”), and ______________________(“Contractor”).

WITNESSETH:

WHEREAS, the Trust has prepared and published the Notice to Bidders and Bidding Documents and received bids for the Project OCAT OKC 2531; and

WHEREAS, Contactor, in response to said Notice to Bidders, submitted a bid to Trust, in accordance with the Bidding Documents; and

WHEREAS, the Trust determined the Contractor is the lowest responsible bidder and has awarded, as stated in this Contract for this Project for the sum of _________________________________ ##/100 dollars ($###).

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:

ARTICLE 1: SCOPE OF THE WORK

The Contractor shall, in a good, first-class, workmanlike, and professional manner, at its own cost and expense furnish all of the labor, materials, tools, equipment required to perform and complete the Project in strict accordance with Contract Documents, including, but not limited to the Bidding Documents, any Special Provisions, schedules and plans approved by the Trust, and Contractor’s bid which are on file in the Office of the City Clerk and all of which are all incorporated herein.

OKC WILL ROGERS INTERNATIONAL AIRPORT

hereinafter called the “Project,” as prepared by C. H. Guernsey (“Architect/Engineer”).

The administrative oversight and administrative observation of the Project’s bidding and construction shall be the responsibility of the Architect/Engineer.

ARTICLE 2: TIME OF COMPLETION

Upon completion of the Project, but prior to the Trust’s formal final Acceptance, the Director of Airports, or designee, shall determine that said work has been completed and fully performed in accordance with the Contract Documents. Following such determination, the City Engineer, or designee, shall submit a final certificate to the Trust.

The Contractor shall furnish proof that all claims and obligations incurred by the Contract 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’s bonds for payment of the final estimate to the Contractor.

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The final estimate, including retainages, will be approved and paid in 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.

The work to be performed under this Contract shall be commenced on the date provided in a written "Notice to Proceed" is issued from the Trust, by and through the Director of Airports, and shall obtain Final Acceptance by the Trust within Two Hundred Fifty (250) calendar days (“Time of Completion”). The estimated completion date is July 28, 2026, but the actual completion date will be based on the number of calendar days from the date provided in the Notice to Proceed.

ARTICLE 3: COMPENSATION

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

[Contract Amount Text] Dollars

$ [Contract Amount Numbers].

The Contract sum is further defined as follows:

BASE BID $

ALTERNATE BID NO. 1 $

The Trust shall make payments to the Contractor in the following manner.

First, the Architect Engineer reviews and approves estimates of value, based on the Contract’s prices and schedule of values of work completed and/or materials incorporated into the work or materials delivered to and suitably stored at the Project site during the prior calendar month.

The Contractor shall furnish the Architect Engineer additional detailed information, as requested.

The Contractor shall include an affidavit within each monthly estimate for payment, as required by 74 O.S. 85.22, or as amended.

Upon the Project’s completion, but prior to the Trust’s formal final acceptance, it is the duty of the City Engineer, or designee, to determine that said work has been completely and fully performed in accordance with the Contract Documents, and upon making such determination, submit a final certificate to the Trust. The Contractor shall furnish proof that all claims and obligations incurred by the Contractor in connection with the Project and performance of said work have been fully paid and settled. The Contractor shall submit an affidavit verifying and validating that such claims and obligations are paid and settled and shall bear the approval of the surety on the Contract’s bonds for payment of the final estimate to the Contractor. Upon the final affidavit’s submission and Architect Engineer’s review and approval, the final estimate, including retainages, will be approved and paid and the same shall be in the total amount for all claims and obligations of every kind and description for which the Contractor may have by reason of entering into or arising out of this Contract.

ARTICLE 4: DAMAGES

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It is mutually agreed between the parties that time is of the essence of this Contract. The Project described in Article 1 shall obtain Final Acceptance by the Trust in accordance with the Time of Completion established in Article 2. Should the Project not be completed by the established Time of Completion, the Contractor agrees to have deducted or withheld from payments owed to the Contractor Damages, 15 O.S. §215, not a penalty, of One Thousand Five Hundred Dollars ($1,500.00) per Calendar Day, beginning the first day after the Time of Completion and continuing for each day thereafter until the Project is completed. The parties agree that payment of such damages as described in this article are not applicable to breaches of any other Contract provisions or performances and does not preclude the Trust from recovering other damages or other stipulated damages.

ARTICLE 5: THE CONTRACT DOCUMENTS

The Drawings and the Project Manual, including any Bidding Documents referred to in Article 1 herein, are a part of this Contract as if hereto attached and herein repeated. This Contract is based on the Drawings and the Project Manual dated ___________ and addenda thereto dated

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

ARTICLE 6: CLAIM OR INVOICE AFFIDAVIT

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

ARTICLE 7: ASSIGNMENT

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

ARTICLE 8: PROJECT’S STAGING, STORAGE, AND PARKING SITES

The Contractor is provided the revocable privilege to temporarily stage, store and park at the site in a location identified by the Director. The revocable privilege to conduct activities identified below and to utilize the applicable site are not and shall never be construed as a lease agreement and is only a personal privilege which confers no interest or estate in the subject site. It is prohibited to assign, sublease, or transfer the identified revocable privilege to conduct activities more specifically described below for the applicable site.

ARTICLE 9: CONTRACTOR STAGING ACTIVITY AND SITE RESPONSIBILITIES

The Contractor shall always ensure that all activities authorized herein are at all times conducted in a neat, orderly, and hygienic manner. The Contractor shall not allow the accumulation of any trash or debris on the site. The Contractor shall be solely responsible for and shall immediately abate any condition in or about the Airport created by or resulting from any and all of the Staging Activities herein that are in violation of the privileges granted and obligations created herein.

The Contractor shall designate a representative to coordinate with the Department of Airports and coordinate and arrange for advance review of the planned activities to be conducted. This representative shall be available at all times while the Contractor has been granted the revocable privilege to temporarily utilize the site as further described in the Project’s plans.

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Contractor Representative Name:

Title:

Phone Number:

Email:

Contractor’s Emergency Contact:

The Contractor agrees that upon termination of this revocable privilege or completion of the Project, the site will be returned to the condition it was in prior to the Staging Activity, absent reasonable wear and tear excepted. Reasonable wear and tear shall be determined by the Director, or his designee, in their sole discretion and inspection of the site.

The Contractor agrees that the Director, City, and Trust shall never be obligated for any of the cost or expenses directly or indirectly connected with the Contractor’s utilization, Staging Activities, or incidental activities at the site. Contractor shall indemnify the Director, City, and Trust against any and all liability on such account.

The Contractor agrees that the Director shall have the sole discretion to determine whether the Contractor, its subcontractors, agents, or employees are in compliance with the revocable privilege to temporarily conduct Staging Activities on the site(s). Therefore, the parties agree that the Director does not assume or create any duty regarding any of the Contractor’s actions or inactions in connection with said discretion. The Director shall have the authority to stop the entire Staging Activity, or any part thereof, at any time and for any duration, upon reasonable cause and without the incurrence of any liability whatsoever by the Director, City, or Trust.

Site Condition The Director and Trust make no representations that the site provided to the Contractor are suitable for the Contractor’s needs and purposes, and make no agreement whatsoever to make improvements, alterations, or repairs to the site. The Contractor agrees that it has examined the site and determined it suitable for the Contractor’s purposes herein, and that it accepts the site as-is in its present condition as suitable for its intended needs.

Site Alterations The Contractor shall not construct, install, remove, modify, and/or repair any of the site, without the prior written approval of the Director.

Site Advertisement The Contractor agrees that it shall not place any signs, billboards, legends, applications, brochures, promotional materials, or postures on the Site, unless authorized by the Director with prior written approval. The Airport is a non-public forum. Any advertisement, commercial or promotional advertising or other materials shall comply with the Trust’s advertising policy. Nothing shall be affixed to Airport property, including, but not limited to, fences, structures, walls, fixtures, or buildings, without prior written approval of the Director.

Contractor’s Conduct The Contractor agrees that it and its subcontractors, agents, and employees shall restrict the Staging Activity to the designated site. The Director may, in his sole discretion, provide the Contractor a prior written approval through a revocable permit to temporarily utilize other areas of the Airport. The Contractor is responsible for the actions of its subcontractors, agents, and employees and for ensuring its subcontractors, agents, and employees are aware of and comply with the terms and conditions of the Contract. The Contractor recognizes that in connection

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with any Staging Activity the Contractor and its subcontractors, agents, invitees, and employees are responsible for compliance with all local, state, or federal laws, statutes, ordinances, rules, regulations, requirements and proclamations including those related to any State of Emergency.

The Contractor shall be solely responsible to inform and ensure that its subcontractors, agents, invitees, and employees observe and comply with any and all requirements of the public authorities, government agencies, and all federal, state, and local statutes, laws, ordinances, regulations, rules, requirements and proclamations applicable to the Contractor or their use of the Airport premises, including, but not limited to, all general rules and regulations promulgated by time to time by the Director in connection with the administration of the Airport whether in effect at the time of the Contract’s execution or that may be enacted or amended during the term of the Contract. The Contractor further agrees to comply with any declared State of Emergency or proclamation and any subsequent revision or new declaration then in effect.

Ingress and Egress to Site In conjunction with the revocable privilege noted above, the Contractor and its subcontractors, agents, employees, suppliers, and/or invitees may temporarily ingress and egress to and from the site over the roadway provided by the Trust which serves the site jointly with other persons on the Airport as may be necessary for the Staging Activity. The Contractor shall not interfere with the rights and privileges of other people using the site or said ingress or egress to the site. The Director may entirely or partially stop the above-described ingress and egress in the event they interfere with the normal functioning of the Airport. Further the Contractor agrees to be liable for the costs of repairing any damage to the roadway to the site or the site itself which was caused directly or indirectly by the Contractor’s or its subcontractors, agents, or employees’ actions or inactions.

Maintenance of Site The Contractor shall not dispose of any debris, trash, or waste materials on Airport property, unless such disposal is in an appropriate receptacle provided by the Contractor.

Use of boxes, cartons, and barrels on the site for the purpose of disposal of debris, trash, or waste materials is prohibited. The Contractor is prohibited from performing any maintenance on materials, tools, or equipment on site. In the event of damage to the Trust’s property, including, but not limited to, the site, the ingress and egress roadway, Project’s materials or equipment, Airport property, Airport materials or equipment, fencing, streets, or lighting systems, and utilities, the Contractor shall assist the Director to determine the cause of the damage to the Trust’s property.

A. Staging Site – The Contractor may temporarily store Contractor’s equipment (“Staging Activity”) at the Permittee’s sole cost and expense. The staging site may be on or adjacent to the Project site and on Airport property. The Contractor’s revocable privilege to use the staging site is solely in connection with the Contractor’s Staging Activity for the Project at the Airport. The Contractor shall be responsible for maintaining security for its Staging Activity and property located on the staging site.

B. Storage Site – The Contractor may temporarily store Contractor’s Project materials, tools and equipment are laid down when not in use for the Project (“Storage Activity”) at the Permittee’s sole cost and expense. The storage site will be off-site from the Project, but on Airport property. The Contractor’s revocable privilege to use of the storage site is solely in connection with the Contractor’s Storage Activity for the Project at the Airport. The Contractor shall be responsible for maintaining security for its Storage Activity and property located on the storage site.

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C. Parking Site – The Contractor and its employees may park their personal vehicles during the Project’s working hours, while the Contractor and/or its employees are on-site working on the Project (“Parking Activity”) at the Contractor’s and/or its employees’ sole cost and expense, if applicable. The parking site will be on Airport property and may or may not be adjacent to the Project. The Contractor and its employees shall cooperate with any others utilizing the parking site to ensure the safe operation of vehicles in and around the parking site. The Contractor shall take all steps necessary to ensure that its employees do not drive in a reckless, unsafe, or unlawful manner in and around the Project, staging site, storage site, parking site, or Airport.

The Contractor’s access to a staging, storage, or parking site shall commence as stated on the Notice to Proceed and expire upon notice from the Director, or whenever the Project is Completed, whichever occurs first, or unless the Construction Contract is terminated earlier.

Staging, storage, and parking sites are not guaranteed for the Project. Additional staging, storage, and parking space may be needed for the Project, if such additional space is needed, then it may have to be off Airport property which would be at the Contractor’s sole cost and expense.

ARTICLE 10: FEDERAL MANDATORY CONTRACT PROVISION

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

The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the Agreement.

B. Civil Rights Title VI Assurance

Title VI Clauses for Compliance with Nondiscrimination Requirements

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

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

ii. Nondiscrimination The Contractor, with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), OCAT 00401-7 TUNNEL AND PARKING GARAGE MEP UPGRADES age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractors will not participate directly or indirectly in the discrimination prohibited by the [Title VI] Nondiscrimination Acts and Authorities, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

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

iv. Information and Reports

The Contractor will provide all information and reports required by the Acts, the Regulations, and the directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Trust or the Federal Aviation Administration to be pertinent to ascertain compliance with such [Title VI] Nondiscrimination Acts and Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Trust or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

v. Sanctions for Noncompliance In the event of a Contractor’s noncompliance with the nondiscrimination provisions of this Contract, the Trust will impose such contract sanctions [in accordance with any applicable notice and cure provisions provided for in this Contract] as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:

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

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

vi. Incorporations of Provisions The Contractor will include the provisions of Paragraph 10.B, subparagraphs i through vi. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Trust or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance.

Provided that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Trust to enter into any litigation to protect the interests of the Trust. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

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C. Title VI List of Pertinent Nondiscrimination Acts and Authorities - During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

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

• 49 CFR part 21 (Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

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

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

• Airport and Airway Improvement Act of 1982, (49 USC § 471, § 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

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

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

• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

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

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure

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compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. at 74087 (2005)];

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

ARTICLE 11: MISCELLANEOUS PROVISIONS

A. Notices, Consents, and Approvals – Notices or other communications to the Trust pursuant to the provisions hereof shall be sufficient if sent by (i) registered or certified mail, return receipt requested, postage prepaid, and deemed received on the third business day after the date mailed, if recipient refused proper delivery (ii) by a nationally recognized overnight courier (receipt requested) and deemed received the next business day following the date it was sent if the recipient refused proper delivery, or (iii) electronic mail and deemed received on the date sent if sent during recipient’s normal business hours and on the next business day, if sent after recipient’s normal business hours; or hand delivered, addressed to:

Trust Oklahoma City Airport Trust, OKC Will Rogers International Airport, 7100 Terminal Drive, Unit 937, Oklahoma City, Oklahoma 73159-0937, Telephone (405) 316-3200

Contractor

NAME

ADDRESS

CITY, STATE ZIP

TELEPHONE

EMAIL

A party may designate a change to the physical address by written notice given to the other party, in accordance with this Section.

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

C. Binding Effect – This Contract shall be binding upon the parties, and their respective successors and assigns as of the Effective Date.

D. Severability – In the event any terms, covenants, conditions, or provisions of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding

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shall not invalidate or render unenforceable any other term, covenant, condition, or provision hereof.

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

This Contract (including the Exhibits hereto) may be modified only by a written agreement of subsequent date hereto executed by Trust and Contractor.

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

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

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

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