REQUEST FOR BID (RFB) FY14 Stormwater Culvert Replacement/Rehabilitation Project Project #: 14STORM01 Bid Item #: /14

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1 REQUEST FOR BID (RFB) FY14 Stormwater Culvert Replacement/Rehabilitation Project Project #: 14STORM01 Bid Item #: /14 Element #1 Loper Ave. Stormwater Culvert Element #2 Lowry St. Stormwater Culverts Element #3 26 th Ave. Stormwater Culverts Date Issued: Sunday, December 1, 2013 Bidding Period Ends: Bid Opening: Monday, December 30, 2013 (3:00 PM) Monday, December 30, 2013 (3:00 PM) Project #: 14STORM01 Bid Item #: /14 1 P a g e

2 Notice to Bidders The City of Stillwater will receive sealed bids at the office of the City Clerk in the Municipal Building, 723 South Lewis, P.O. Box 1449, Stillwater, Oklahoma for: FY14 Stormwater Culvert Replacement/Rehabilitation Project Project #: 14STORM01 Bid Item #: /14 One original and two copies of the bid proposal are to be submitted. Bids will be received by the City Clerk until 3:00 p.m., Monday, December 30, 2013 and publicly opened and read aloud at 3:00 p.m. in Conference Room 1112-B in the Municipal Building, 723 South Lewis, Stillwater, Oklahoma ONE ORIGINAL AND TWO COPIES OF THE BID PROPOSAL ARE TO BE SUBMITTED. The outside of the bid envelope should be clearly marked with the name of the bidder, the project or item(s) being bid, and the date and time of the bid opening. Any bid received by the Deputy City Clerk more that ninety-six hours, excluding Saturdays, Sundays and holidays, before the time set for the opening of bids, or any bid so received after time set for opening of bids, shall not be considered and shall be returned unopened to the bidder submitting same. The bid document, consisting of the notice to bidders, instruction to bidders, performance specifications, bid proposal, and non-collusion affidavit may be examined and copies of the bid documents obtained at the Development Services Service Center located on the second floor of the City of Stillwater Municipal Building at 723 S. Lewis St., Stillwater, Oklahoma, 74074, during regular working hours (M-F) for a fee of $5.00. Written questions regarding the bid package should be directed to Cody Whittenburg, Stormwater Programs Manager/FPA, cwhittenburg@stillwater.org or fax to A pre-bid meeting will be conducted at 10:30 a.m. local time (CST) on Thursday, December 12, 2013 at the City of Stillwater Municipal Building at 723 S. Lewis St., Stillwater, Oklahoma, in conference room Telephone number: (405) Bids will be referred to city staff for evaluation. The City of Stillwater may award the bid to the lowest and best responsible bidder. The City of Stillwater reserves the right to reject any or all bids and to waive any technicalities in the bidding process. No bid may be altered, withdrawn, or resubmitted, within 30 days after the date set for the opening of bids. Each bidder is required to submit with their bid proposal a bid bond. The selected bidder(s) must provide a performance bond, a statutory bond, a maintenance bond and certificates of insurance at the time of signing the contract. The successful bidder(s) must execute a contract within 14 days of notice of award by the City of Stillwater. Deputy City Clerk Elizabeth Chrz Project #: 14STORM01 Bid Item #: /14 2 P a g e

3 INSTRUCTION TO BIDDERS 1. Receipt and Opening of Bids The City of Stillwater, Oklahoma invites sealed bids on the referenced equipment or materials purchased on the bid forms included in the bid documents, all blanks of which must be appropriately filled in. All bids received must be signed. Bids will be received at the time and place set forth in the Notice to Bidders and then, at said time and place, be publicly opened and read aloud. Two copies of the bid proposal, non-collusion affidavit, and bid bond (if the latter is required in the notice to bidders) shall be submitted. The outside of the envelope containing the bid shall be clearly marked with the name of the bidder, the project being bid, and the date and time of the bid opening. Bid Bond The Bid Bond as set by the City of Stillwater Purchasing Manual is as follows: A. Bid Bond Requirements. 1. A certified check, cashier s check or bid bond equal to 5% of the bid which shall be deposited with the City as a guarantee OR 2. An irrevocable letter of credit issued by a financial institution insured by the FDIC. The letter of credit shall contain the terms prescribed by the City and shall be for the benefit of the City. The letter of credit shall be in an amount equal to 5% of the bid. B. Bid Bond Forfeiture. In the event the apparently successful bidder fails to execute the contract or fails to provide the required bonds or irrevocable letter of credit and insurance to the City, the cost to re-publish the Invitation to Bid, all actual expenses incurred by reason of the bidder s default and the difference between the low bid of the defaulting bidder and the amount of the bid of the bidder to whom the contract is subsequently awarded, but not to exceed the bid bond or cashier s check may be, at the City s discretion, forfeited to the City. C. Return Policy for Bid Bond. The certified or cashier s check, bid bond, or irrevocable letter of credit shall be returned to the successful bidder upon the execution and delivery of the contract, required bonds or irrevocable letters of credit and insurance. Upon award of successful bidder by the council, the City Clerk shall return checks to unsuccessful bidders. The city may reject any bid not prepared and submitted in accordance with the provisions hereof and may reject any and all bids. Any bid may be withdrawn prior to the schedule for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may alter or withdraw his bid within the time set forth in the Notice to Bidders after opening thereof. All bids will be referred to city staff for evaluation. Conditional bids will not be accepted. A conditional bid is one containing exceptions to or deviations from the specifications or other parts of the bid package. If a bidder cannot meet any requirements, it shall be addressed as required in section 5 below. Exceptions to the bid specifications shall be grounds for rejecting a bid. The city reserves the right to reject any or all bids and to waive any technicalities in the bid specifications and/or bidding process. Project #: 14STORM01 Bid Item #: /14 3 P a g e

4 2. General Instructions All prices bid must include delivery of the equipment or materials to a location within the City of Stillwater unless otherwise noted in bid documents, to be determined by the city at the time of delivery. Appurtenances and/or accessories not herein mentioned but necessary to furnish a complete unit, ready for use upon delivery, shall be included in the bid. The equipment or materials shall conform to generally recognized standards of strength and quality of materials and workmanship. All proposals are subject to the bid specifications in full and must comply with any and all applicable federal and state safety regulations and requirements. The specifications shall be construed as minimum standards acceptable. Where brand names are mentioned the term or approved equal shall apply. All approved equals must be submitted for consideration at least 10 working days prior to the opening of bids. All equipment and materials specified are intended to be from the manufacturer s current production year. However, any items that are from the immediately preceding production year will be considered provided it is new, unused, meets specified requirements, and carries the same manufacturer s warranty. The delivery schedule, as set forth on the bid proposal, is of vital importance and may be a governing factor in the awarding of the bid. 3. Qualification of Bidder The city may make such investigation as deemed necessary to determine the ability of the bidder to provide and service the equipment or material being purchased. The bidder shall furnish all such information and data for this purpose as the city may request. The city reserves the right to reject any bid if the evidence submitted by, or the investigation of, such bidder fails to satisfy the city and the bidder is properly qualified and able to carry out the obligations of the contract and to supply and service the materials or equipment contemplated therein. 4. Conditions of the Contract Each bidder must inform themselves fully of the conditions relating to providing the equipment or materials described in the specifications. Failure to do so will not relieve the successful bidder of the obligation to furnish the equipment or material necessary to carry out the provisions of their contract. Insofar as possible, the contractor, in supplying the equipment or material, must employ such methods necessary to prevent any interruption of, or interference with, the work of any other contractor. 5. Addendum and Interpretation No exception or deviation to the plans, specifications, or other contract document will be made to any bidder orally. Every request for exceptions or deviations should be in writing addressed to: Cody Whittenburg Stormwater Programs Manager / Floodplain Administrator City of Stillwater 723 S. Lewis St. Stillwater, Oklahoma cwhittenburg@stillwater.org Fax: (405) To be given consideration, any such request must be received at or before the pre-bid conference. Any and all exceptions or deviations and any supplemental instructions will be in the form of written addenda to the specification, which if issued, will be mailed to all prospective bidders, not later than 7 Project #: 14STORM01 Bid Item #: /14 4 P a g e

5 working days prior to the date fixed for the opening of bids. Failure of any such bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become a part of the contract. 6. Warranty Requirements The completed project shall be warranted against defects in workmanship or materials for a period of two years after completion and acceptance of the project. The successful bidder shall complete any documentation required to validate the warranty(s). 7. Laws and Regulations The bidder s attention is directed to the fact that all applicable state and federal laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the item(s) being purchased shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 8. Method of Award The city reserves the right to reject any and all bids. In the event a contract is awarded, it shall be awarded to that responsible contractor submitting the best bid consisting of the items on the proposal. When a bid is submitted to the City of Stillwater, opened, evaluated and subsequently accepted by the City of Stillwater and a purchase order established, the bid becomes a binding and legal contract between the City of Stillwater and the vendor. Additionally, no changes, additions, or deletions will be allowed after the bid is opened. The terms as submitted in the vendor s bid shall be binding. Payment will be made ONLY upon completion of the completion of the project, receipt of all certifications and acceptance. All invoices shall be submitted to the Stormwater Programs Manager / Floodplain Administrator for approval at: Cody Whittenburg Stormwater Programs Manager / Floodplain Administrator P.O. Box 1449 Stillwater, OK cwhittenburg@stillwater.org 9. Obligation of the Bidder At the time of opening of bids, each bidder will be presumed to have read and to be thoroughly familiar with the plans, specifications, and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to their bid. The submission of the Bid shall be considered as prima-face evidence that the bidder (a.k.a., the contractor) has familiarized himself with and understands all the conditions and requirements under which the contract is to be awarded, performed and administered. The owner shall not accept any letters with stipulation or requesting exceptions submitted with the bid. Use of any substitute or equivalent procedures, methods, or materials must be approved by the owner in writing prior to the bid date. Project #: 14STORM01 Bid Item #: /14 5 P a g e

6 SCHEDULE 1 st Advertisement: Sunday, December 1, nd Advertisement: Sunday, December 8, 2013 Pre-Bid Conference: Addenda Deadline: Receive Sealed Bids: Open Bids: Thursday, December 12, :30 AM RM 2073 City Hall 723 S. Lewis Street Tuesday, December 17, 2013 (5:00PM) Not later than Monday, Dec. 30, 2013 (3:00PM) Monday, December 30, 2013 (3:00 PM) RM 1112B City Hall 723 S. Lewis Street Evaluation of Bids: December 31, 2013 January 3, 2014 Firm(s) Selected: On or before Friday, January 3, 2014 Notice(s) of Award: On or before Friday, January 24, 2014 (pending City Council contract approval) BID FORMAT: All bids must be sealed; unsealed bids will not be considered. All bids must include a projected cost of completion. All bids will be limited to a maximum of twenty (20) pages in length including the cost. Bids should be printed on 8 ½ x 11 paper; organizational charts, matrices, or diagrams may be printed on larger sheets. Font size should be no smaller than 11 point font for narrative sections, but may be reduced for captions, footnotes, etc. as needed, while still maintaining legibility. Please submit packages comprised of materials that are easily recyclable and/or reusable at the conclusion of the evaluation process. Project #: 14STORM01 Bid Item #: /14 6 P a g e

7 BID CONTENT AND EVALUATION CRITERIA All bids shall be evaluated on the following criteria and must contain all of the following information: 1. A detailed and complete description of the approach to the project. Include type of replacement or repair material and installation methods proposed. Identify all required steps to complete the project in a safe and efficient manor including but not limited to: traffic control, sediment and erosion control, excavation, shoring, any hydraulic diversions required during construction, curing procedures, water supplies, hazardous material use requirements, etc. 2. Piping system installation histories including references of previous successful projects and dates of installation or repair. Provide: a. Material properties comparison to corrugated metal (i.e., abrasion resistance, galvanic corrosion resistance, alkali degradation resistance, structural stability (creep), application bonding characteristics, freeze thaw resistance, etc.,) b. Listing and dates of installed locations and conditions (i.e., reactive soils, abrasive flows, heavy structural loading, etc.). c. Construction time. d. Specialty conditions required (i.e., weather limits, curing times, etc.). e. Specialty equipment required. 3. Qualifications of person(s) proposed to work on the project (include professional resumes and manufacturers installer s certifications and requirements). 4. Anticipated project work schedules to include proposed start date(s) and date(s) of completion. NOTE: All aspects of the project to include project close-out should be completed by July 1, Project projected cost, as described in Bid Cost and Content 6. Description of any work space requirements and/or City staff support. 7. Statement of no conflicts of interest to perform work for or within the City of Stillwater. Project #: 14STORM01 Bid Item #: /14 7 P a g e

8 The following shall apply to all bid submittals BID COST AND CONTENT 1. The cost bid shall clearly include a total sum price for the project element for bid comparison. All bids shall include cost breakdowns which include item number, item description, unit, quantities, unit price and total line item costs to complete the project in the manner proposed by the bidder. If the bid includes all project elements, total costs breakdowns for each element must be clearly presented. [EXAMPLE] ELEMENT #1 Loper Ave. Stormwater Culvert Item Item Unit Quantity Unit Price Extended Price Description (symbol) (figures) (USD) (USD) 1 Mobilization LS 1 $ 2, $ 2, Temp. Silt Fence LF 200 $ 1.00 $ Total Element Price (words) Two Thousand and Two Hundred Dollars Total Element Price (figures) $ 2, The City of Stillwater may award one contract, three separate contracts, or any other combination of contracts. 3. In preparation of cost bid, any selected firm must provide and maintain insurance in the following amounts: a. Workers Compensation and Employers Liability: Workers Compensation b. Comprehensive Automobile Liability: Bodily Injury c. Comprehensive General Liability: Bodily Injury Statutory $ 125,000 each Person $ 500,000 each Accident $1,000,000 each Occurrence $ 125,000 each Person $1,000,000 each Accident Property Damage $ 25,000 each Occurrence d. Professional Liability: $1,000,000 per claim and aggregate Project #: 14STORM01 Bid Item #: /14 8 P a g e

9 The City of Stillwater shall be named additional insured on the Comprehensive General Liability policy in amounts equal to the liability limits for political subdivisions set forth in the Oklahoma Governmental Tort Claims Act, 51 O.S. 151, et seq. Provided, however, this shall not preclude the Contractor from carrying insurance in amounts exceeding said liability limits so long as SUA or the City is not named as an additional insured in any amount in excess of said statutory liability limits. 4. In preparation of cost bid, any selected company must provide and maintain bonds, as follows: a. Performance bond, payable to the City of Stillwater, to ensure the proper and prompt completion of the work in accordance with the provisions of the contract. b. Maintenance bond, payable to the City of Stillwater, to protect the City of Stillwater against defective workmanship and materials for a period of (5) years after acceptance of the project. c. Statutory bond, payable to the City of Stillwater, to ensure that the selected contractor shall pay all indebtedness incurred by the contractor and his/her subcontractors, for such labor, materials, rentals of machinery or equipment, and repair of and parts for equipment used or consumed in the performance of said contract. Provided, noticed in writing by certified mail must be given to the general contractor where rental of equipment is to be used, the description of the equipment, and the terms of the rental and be mailed so as to be received by the general contractor within ten (10) days of the effective date of said rental. 5. Payment for the improvement will be based on a total lump sum cost for the project complete and in place. Required deliverables for payment shall include: a. Culvert improvement or repair complete and in place. b. Submittal and acceptance of complete 5-year non-prorated replacement warranty for the installed improvement. c. Submittal and acceptance of as-built record drawings or equivalent. d. Submittal of certifying engineer s certification for as-constructed improvement. e. Lien waivers from all suppliers and/or subcontractors. 6. Payment will be made within (20) days of satisfactory submittal and acceptance of all deliverables. Project #: 14STORM01 Bid Item #: /14 9 P a g e

10 SPECIFICATIONS FY14 Stormwater Culvert Replacement/Rehabilitation Project Project #: 14STORM01 Bid Item #: /14 The City of Stillwater, Oklahoma is seeking contractor services for repair, replacement and/or rehabilitation of three (3) separate stormwater culvert elements. Each system component is already existing, in-place, and requires replacement and/or restoration. To encourage creativity, provide for consideration of specialized technological services, maintain protection of public and private property and persons, and to allow for the value-based reviews, all bids submitted in response to this request must demonstrate that the installed product and installation process to be provided will meet the necessary performance specifications, as defined. Bids for either traditional replacement or trenchless technology rehabilitation will be considered. Bids must include all materials, tools, equipment and labor, site preparation, safety measures, warranties, certifications, insurance, bonding, temporary installations, traffic controls, surface repairs and restoration, or other measures necessary to complete the required repair or replacement within the proposed fees. If your company would like to be considered for these services, please ensure a sealed bid is received by the City of Stillwater no later than 3:00PM, Monday, December 30, The City of Stillwater will only review bids that can meet all performance specifications and are received prior to the designated closing time and date. It is the proposers responsibility to confirm delivery; bids not received by the time and date will not be opened or considered. Unsealed bids cannot be considered. You may submit a sealed bid for one, two and/or all three project elements with a single bid document. All sealed bids will be opened and read aloud on Monday, December 30, 2013 at 3:00PM. Upon selection of bid(s) for project element(s), the City of Stillwater will work with the service provider to develop a detailed project scope and contract. Project #: 14STORM01 Bid Item #: /14 10 P a g e

11 The City of Stillwater has three project elements included in the FY14 Stormwater Culvert Replacement/Rehabilitation Project: Element #1 Loper Ave. Stormwater Culvert This scope of work will include repair, replacement and/or rehabilitation of an existing stormwater culvert between 5017 W. Loper Ave. and 5021 W. Loper Ave. The system consists of a vertical section of 48- inch corrugated metal pipe (approximately 8 linear feet) connected to a horizontal section of 30-inch corrugated metal pipe (approximately 97 linear feet) which collects stormwater from Loper Ave. and releases stormwater into a swale to the south of the residential neighborhood. Refer to the attached survey for Element #1 in the Appendix for details. Element #1 Project Location Project #: 14STORM01 Bid Item #: /14 11 P a g e

12 Element #2 Lowry St. Stormwater Culverts This scope of work will include repair, replacement and/or rehabilitation of an existing stormwater culvert between 107 S. Lowry St. and 109 S. Lowry St. The system consists of (3) horizontal sections of 5.7-foot by 4-foot corrugated metal pipe (approximately 30 linear feet each, for a total of 90 linear feet) which convert into (2) horizontal section of 60-inch corrugated metal pipe (approximately 260 linear feet each, for a total of 520 linear feet) which convey stormwater under Lowry St. and releases stormwater into East Boomer Creek to the east of the residential neighborhood. Refer to the attached survey for Element #2 in the Appendix for details. Element #2 Project Location Project #: 14STORM01 Bid Item #: /14 12 P a g e

13 Element #3 26th Ave. Stormwater Culverts This scope of work will include repair, replacement and/or rehabilitation of an existing stormwater culvert system located in the 1300 BLK of W. 26 th Ave. The system consists of (5) horizontal sections of 96-inch corrugated metal pipe (approximately 30 linear feet each, for a total of 150 linear feet) which convey stormwater under 26 th Ave. Refer to the attached survey for Element #3 in the Appendix for details. Element #3 Project Location Project #: 14STORM01 Bid Item #: /14 13 P a g e

14 PERFORMANCE SPECIFICATIONS All bids must demonstrate that the resulting project will meet the following standards: 2) The piping system manufacturer will provide a 100% non-prorated warranty of all required installation workmanship and all installed materials for a minimum of five (5) years. 3) Manufacturers of non-traditional culvert pipe systems (non-corrugated metal piping or concrete piping systems, plastic pipes, slip linings, spray-on linings, thermo-setting resin linings, fiberglass reinforced plastic (FRP) systems, sprayed-concrete cement linings, etc.) shall demonstrate suitable product history by: a) Providing proof of company operations for not less than 5 years prior to the submitting of the product bid. b) Providing proof of at least 5 years of satisfactory product performance in areas of similar corrosive soils and highly abrasive flow conditions. 4) Installation shall be certified by an Oklahoma licensed, professional engineer prior to commencement that: a) The proposed improvement will be at least hydraulically equivalent to the existing system as originally designed (i.e., the condition before the current corroded conditions). b) Each project is, upon completion, structurally sound; i) for Element #1, the project will be certified to structurally support the overburden and lateral loading associated with the adjacent home structures, and, ii) for Element #2 and #3, the project will be certified to meet, as a minimum, HS-20 loading of the supporting pavement and overburden soil. c) The construction methods proposed for the installation or repair of each project will be structurally sound and safe to workers, adjacent property owners, and the general public during the improvement process. d) Upon completion, the Engineer must certify that the installed product meets the requirements of the proposed product. 5) Except as may be approved through this bid process, all other materials and procedures must meet all current City of Stillwater Construction Standards. 6) Replacement of existing corrugated metal pipe culverts with the same type of corrugated metal pipe is not acceptable. Use of corrugated metal pipe culverts for replacement will require improved gage thickness, specialty abrasion resistant and galvanic resistant linings. Project #: 14STORM01 Bid Item #: /14 14 P a g e

15 On Monday, December 30, 2013 (3:00 PM), the City of Stillwater will open all bids. Following the opening of the bids, the selection committee will rank the bids and determine if interviews are necessary to clarify documentation. If necessary, interviews may be requested of the highest-ranked proposing contractors. The highest-ranked bid, based on evaluation criteria or combination of evaluation criteria and interviews, will then be chosen by the committee. Again, the City of Stillwater may award a single contract or multiple contracts for the requested services. Please submit sealed bid packages to the Office of the City Clerk at the Municipal Building, 723 S. Lewis, PO BOX 1449, Stillwater, OK : Office of the City Clerk C/O Elizabeth Chrz City of Stillwater P.O. BOX 1449 Stillwater, OK The outside of the bid envelope should be clearly marked with: SEALED BID FOR /14 Name of Bidder: [Name of Bidder] Project Name: FY14 Stormwater Culvert Replacement/Rehabilitation Project Project #: 14STORM01 Bid Item #: /14 Date/Time of Bid Opening: Monday, December 30, 2013; 3:00PM We look forward to your response. Project Contact: Cody M. Whittenburg, CSM, CFM Stormwater Programs Manager/Floodplain Admin. PO Box 1449 Stillwater, OK Phone: (405) Project #: 14STORM01 Bid Item #: /14 15 P a g e

16 Bid Summary Form (SUBMIT ONE ORIGINAL AND 2 COPIES) Bid #: /14 Project # : 14STORM01 FY14 Stormwater Culvert Replacement/Rehabilitation Project Bid Opening Date: Monday, December 30, 2013 Bid Opening Time: 3:00 p.m. The undersigned bidder, having full knowledge of the requirements of the City of Stillwater for the below listed items and the contract documents (which include Notice to Bidders, Instructions to Bidders, this Proposal, Specifications, and any and all addenda) and all other conditions of the Proposal, agrees to complete the Root Control Project as listed in accordance with the specification and contract documents for unit prices listed below. ADDENDA RECEIPT: The receipt of addenda to the performance specifications are hereby acknowledged. Failure of any bidder to receive any addendum or interpretation of the specifications shall not relieve the bidder from obligations specified in the bid request. All addenda shall become part of the final contract document. Note: Please type or write clearly with blue or black ink. For any element on which you wish to bid, write the total price for that element in words and figures. Write NO BID for any element(s) on which you are not bidding. Separate from this form, each submitted bid must include the cost breakdown for the replacement or rehabilitation method proposed by the bidder. Item Description Price Element Price (in words) Element Total (figures) Element #1 Loper Ave. Stormwater Culvert Element #2 Lowry St. Stormwater Culverts Element #3 26 th Ave. Stormwater Culverts $ $ $ The undersigned signatory for the bidder represents and warrants that he has full and complete authority to submit this bid to the City of Stillwater, and to enter into a contract if this bid is accepted. Company Name Street Address or P.O. Box By (Signature) (Printed Name) City, State Zip Code (Title) Telephone No. Fax No. (Date) Employer s Federal I.D. No. Or Social Security Number Estimated Delivery Days Project #: 14STORM01 Bid Item #: /14 16 P a g e

17 Bid Bond Required Maintenance Bond Required Performance Bond Required Statutory Bond Required X Yes No X Yes No X Yes No X Yes No RETURN 1 ORIGINAL AND 2 COMPLETE COPIES OF BID AND SUPPORTING MATERIAL. MARK OUTSIDE OF BID ENVELOPES AS FOLLOWS: SEALED BID FOR /14 Project #: 14STORM01 Bid Item #: /14 17 P a g e

18 City of Stillwater, Oklahoma Non-Collusion Affidavit for Bids STATE OF COUNTY OF, of lawful age, being first duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a party to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with any city official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between bidders and any city official concerning exchange of money or other thing of value for special consideration in the letting of a contract. Authorized Agent Subscribed and sworn to before me this day of, 201. Notary Public My commission expires: Project #: 14STORM01 Bid Item #: /14 18 P a g e

19 CITY OF STILLWATER, OKLAHOMA BUSINESS RELATIONSHIPS AFFIDAVIT STATE OF COUNTY OF, of lawful age, being first duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the nature of any partnership, joint venture, or other business relationship presently in effect or which existed within one year prior to the date of this statement with the architect, engineer, or other party to the project is as follows: (if none, so state) Affiant further states that any such business relationship presently in effect or which existed within one year prior to the date of this statement between any officer or director of the bidding company and any officer or director of the architectural or engineering firm or other party to the project is as follows: (if none, so state) Affiant further states that the names of all persons having any such business relationships and the position(s) they hold with their respective companies or firms are as follows: (if none, so state) Authorized Agent Subscribed and sworn to before me this day of, 201. (Notary Public) My Commission Expires: Project #: 14STORM01 Bid Item #: /14 19 P a g e

20 Bidder (name and address): City of Stillwater, Oklahoma BID BOND FORM Surety (name and address of principal place of business): Owner (name and address): City of Stillwater, Stillwater, OK BID Bid Due Date: Monday, December 30, 2013 (3:00 PM) Project Description / Location: BOND Bond Number: Date (not later than Bid Due Date): Penal Sum: IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the following page hereof, do each cause this Bid Bond to be duly executed on its behalf by it s authorized officer, agent, or representative. BIDDER SURETY Bidder s Name and Corporate Seal (seal) Bidder s Name and Corporate Seal (seal) By: By: Signature and Title Signature and Title Attest: Attest: Signature and Title Signature and Title Note 1. Above addresses are to be given required notice. 2. Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable Project #: 14STORM01 Bid Item #: /14 20 P a g e

21 1. Bidder and surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay the Owner upon default of Bidder any difference between the total amount of Bidder s bid and total amount of the bid of the next lowest, responsible and responsive bidder as determined by Owner for the Work required by the Contract Documents, provided, that: 1.1 If there is no such lowest, responsible and responsive bidder, and the Owner does not abandon the Project, then the Bidder and Surety shall pay to the Owner the penal sum set forth on the face of this Bond, and 1.2 In no event shall Bidder and Surety obligation hereunder exceed the penal sum set forth on the face of this Bond. 2 Default of the Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3 This obligation shall be null and void if: 3.1 Owner accepts Bidders bid and bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2 All bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified by the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4 Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5 Surety waives notice of and any and defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety written consent. 6 No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7 Any suit or action under this Bond shall be commenced on in a court of competent jurisdiction located in the state in which the Project is located. 8 Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid and shall be deemed to be effective upon receipt by the party concerned. 9 Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such bond and bind the surety thereby. 10 This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11 The term bid as used herein includes a bid, offer or proposal as applicable. Project #: 14STORM01 Bid Item #: /14 21 P a g e

22 City of Stillwater, Oklahoma NOTICE OF NO BID This sheet is provided for the convenience of vendors submitting a no bid response to solicitations. Requests for bid (RFB) number and company name must be indicated by vendor. REASON FOR NO BID: 1. Cannot comply with specifications. 2. Cannot meet delivery requirements. 3. Cannot identify the item(s). 4. Do not regularly manufacture or sell the type of item(s) involved. 5. Other (specific): We do desire to be retained on the bidder list for future procurements of the type of item(s) involved. We do NOT desire to be retained on the bidder list for future procurements of the type of item(s) involved. Name and address of firm (include zip code) Signature Title REQUEST FOR BID NUMBER: Elizabeth Chrz Deputy City Clerk P.O. Box 1449 Stillwater, OK Ref. Bid No. Project #: 14STORM01 Bid Item #: /14 22 P a g e

23 SUBMITTALS CHECKLIST Bid #: /14 Project # : 14STORM01 FY14 Stormwater Culvert Replacement/Rehabilitation Project Failure to enclose the following will render this bid non-responsive and result in the rejection of the bid. Yes No Bid Proposal (one original and two copies) Bid Bond and Bid Bond Form Non-Collusion Affidavit for Bids Business Relationships Affidavit Detailed and Complete Description of the Approach to the Project Installation Histories and References/Dates of Previous Successful Projects Qualification of Persons Proposed to Work on Project Element(s) Anticipated Work Schedules with Start Date(s) and Date(s) of Completion Project Cost Detail, as described in Bid Cost and Content Description of any work space requirements and/or City staff support. Statement of no conflicts of interest to perform work for/within City of Stillwater Agreed Method of Payment: (Please check one) Purchasing Credit Card Purchase Order Project #: 14STORM01 Bid Item #: /14 23 P a g e

24 APPENDIX Surveys for Element #1, Element #2, and Element #3 Project #: 14STORM01 Bid Item #: /14 24 P a g e

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