CDBG (Community Development Block Grant

Notice is hereby given that the City of Stillwater, Oklahoma, hereinafter called the “Owner” will receive sealed bids on a federally assisted project via our online portal:
https://stillwater.ionwave.net/Login.aspx
Until 3:00 pm, Wednesday, October 16th, 2024, for:
Bid #32-2024 CDBG (Community Development Block Grant) 19186 SC 23 Stillwater Public Library Sprinkler System Retrofit
Mailed, emailed, and faxed bids will not be accepted. Bids will be publicly opened at 3:00 pm and read aloud by the City Clerk at the Municipal Building, Conference Room 1112 B, 723 South Lewis, Stillwater, Oklahoma 74074.
Any bid received more than 96 hours (excluding Saturday, Sunday, and Holidays) before the time set for the opening, or any bid so received after the time set for the opening of bids, shall not be received. It shall not be considered and shall be sent back to the sender unopened.
Bids will be sent to City staff for evaluation. The City Council may award the “lowest responsible bidder”. The City Council reserves the right to reject any or all bids and to waive the technicalities in the bidding process. No bid may be altered, withdrawn, or resubmitted within 60 days after the date set for the opening of bids.
There will be a MANDATORY pre-bid meeting at 3:30 PM, Wednesday, October 2, 2024, at the Stillwater Public Library, 1107 S Duck St, Stillwater, OK 74074. Anyone that intends to submit a bid is REQUIRED to attend this meeting.
Bids must include assurances that the following provisions will be complied with:   1. Federal Labor Standards Provisions - US Department of Labor, 29 CFR 5; Subpart A - Davis-Bacon Act for the use of the appropriate Davis-Bacon prevailing wage rate(s) for the county and state in which the project is located; and Subpart B, Fringe Benefit Provisions. 2. HUD Section 3, 24 CFR Part 75 – public construction projects assisted under HUD programs that provide financial assistance when the total amount of HUD assistance to the project exceeds a minimum funding threshold at $200,000 requires that to the greatest extent feasible opportunities for training and employment be provided to lower-income residents of the project area and contracts for work in a substantial part by persons residing in the area of the project. 3. Section 109 - of the Housing and Community Development Act of 1974, which assures that no person shall, on the grounds of race, color, natural origin, sex, religion, age, disability, or family status be excluded from participation in, be denied the benefits of, or be subjected to discrimination. 4. Non-Segregated Facilities - Certification that assures the bidder does not maintain or provide any segregated facilities. 5. Executive Order 11246 - Equal Employment Opportunity (EEO); provisions require affirmative action and prohibits federal contractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. 6. Minority Business Enterprise and Women Business Enterprise provisions which encourage minority owned business and women owned businesses to bid on the project. 7. Circular 570 - Assurances that surety companies executing bonds appear on the Treasury Department's list and are authorized to transact business in the State where the project is located. 8. SAM.gov Registration – Bidders must be registered as active in SAM.gov with no exclusions in order to bid on and receive a federally assisted contract. 9. Build America, Buy America Act (BABA) - Enacted in the Infrastructure Investment and Jobs Act requires all IRON AND STEEL used in federally assisted infrastructure projects costing over $250,000.00 must be produced in the United States. *CDBG State Program Note - HUD established a BAP Phased Implementation Waiver for its programs based on the date when funds were obligated to the state. Iron and Steel, effective 2023; Specifically Listed Construction materials added 2024; Not Listed Construction Materials and Manufactured Products add 2025.
The Owner reserves the right to reject any or all bids, waive any irregularities or technicalities without assigning reason therefore, and to make the award in the best interest of the owner. Bid must be awarded to the lowest, responsive, and responsible bidder pursuant to the Oklahoma State Competitive Bidding Act of 1974 as amended. Specifications and Bid Documents are on file with the Owner and are available via our online bid portal. To view and download the bid documents and/or submit a bid, interested contractors must register under “Supplier Registration” with the City’s online portal:
https://stillwater.ionwave.net/Login.aspx
Any questions regarding this Notice or the proposal documents should be directed to John McClenny +1 (•••) •••-••••Sign up to see this detail or •••••@•••••.•••Sign up to see this detail.
INFORMATION FOR BIDDERS
Bids will be received by the City of Stillwater (herein called the "Owner") via our online bid portal:
https://stillwater.ionwave.net/Login.aspx
until 3:00 p.m., CST/CDST, Wednesday, October 16th, 2024. Bids will be publicly opened at 3:00 pm and read aloud by the City Clerk at the Municipal Building, Conference Room 1112 B, 723 South Lewis, Stillwater, Oklahoma 74074.
Each bid must be submitted via our online bid portal. Mailed, emailed, and faxed bids will not be accepted.
All bids must be made on the required bid form. All blank spaces for bid prices must be filled in.
All bidders must be registered as active with no exclusions in SAM.gov and must provide printed evidence from the SAM.gov system with their bid. Any bid that does not provide this will be rejected as an incomplete bid.
All bidders will self-certify as not debarred by the USDOL. The Owner will also certify to perform a debarment review.
All bidders must provide the certification to comply with the Infrastructure Investment and Jobs Act requiring Buy American Preference (BAP) for “all iron and steel” effective for 2023 CDBG contract awards and forward, and “specifically listed construction materials” effective for FY24 CDBG contracts and forward, and “not listed construction materials” and “manufactured products” effective for FY25 and forward used in federally assisted infrastructure projects over $250,000 must be produced in the United States. Any request for substitute or “or equal” shall include the Manufacturer’s Certification of compliance with the Build America, Buy America Act (BABA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L.177-58.
The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above-scheduled time 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 withdraw a bid within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period; the time may be extended by mutual agreement between the Owner and the bidders.
Bidders must satisfy themselves on the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications, including addenda. After bids have been submitted, no bidder shall assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done.
Prior to bidding, the Owner shall provide bidders with all information that is pertinent to and delineates and describes the land owned and rights- of-way acquired or to be acquired.
The contract documents contain the provisions required for the construction of the project. Information obtained from an officer, agent or employee of the Owner or any other person shall not affect the risks or obligations assumed by the contractor or relieve the contractor from fulfilling any of the conditions of this contract.
Each bid (100,000.00 or more) must be accompanied by a bid bond payable to the Owner for five percent (5%) of the total amount of the bid. As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the agreement is executed, the bonds of the two remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment bond and performance bond and/or statutory bond have been executed and approved, after which will be returned.
A certified check may be used in lieu of the bid bond. Certified checks must be received by City Clerk’s office, 723 S. Lewis, Stillwater, Oklahoma 74074 prior to the bid opening date and time.
A performance bond and a payment/statutory bond, each in the amount of 100 percent of the contract price and each with a corporate surety approved by the Owner, will be required for the faithful performance of the contract.
Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each bond a certified copy of their Power of Attorney bearing the effective date.
The party to whom the contract is awarded will be required to execute the agreement and obtain the performance bond and statutory bond within ten (10) calendar days from the date when Notice of Award is delivered to the bidder. The Notice of Award shall be accompanied by the necessary agreement and bond forms. In case of failure of the bidder to execute the agreement, the Owner may consider the bidder in default, in which case the bid bond accompanying the proposal shall become the property of the Owner.
The Owner, within ten (10) days of receipt of acceptable performance bond, statutory bond and agreement signed by the party to whom the agreement was awarded, shall sign the agreement, and return to such party an executed duplicate of the agreement. Should the Owner not execute the agreement within such period, the bidder may, by written notice, withdraw the signed agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner.
The Notice to proceed shall be issued within ten (10) days of the execution of the agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period; the time may be extended by mutual agreement between the Owner and contractor. If the Notice to Proceed has not been issued within the ten-day period or within the period mutually agreed upon, the contractor may terminate the agreement without further liability on the part of either party.
The Owner may make such investigations as deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the agreement and to complete the work contemplated therein.
A condition or qualified bid will not be accepted. Award will be made to the lowest responsible bidder.
All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout.
Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the contract documents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation with respect to its bid.
Further, the bidder agrees to abide by the requirements under Executive Order No. 11246, as amended, including, specifically, the provisions of the Equal Opportunity Clause set forth in the Supplemental General Conditions.
Further, all products must meet BABA requirements. Contractor shall include Manufacturer’s Certification for BABA requirements with all applicable submittals. If a specific manufacture is used in the bidding, a statement that Manufacturer will comply with BABA must be included with the bid submission. Contractor shall comply with BABA requirements, including coordination with manufacturers, distributors, and suppliers to correct deficiencies in any BABA documentation. Engineer/Architect approval of shop drawings or samples shall include review of BABA documentation. Contractor shall certify upon completion that all work and materials have complied with BABA requirements.
For any change orders, Contractor shall provide BABA documentation for any new products or materials required by the change. Installation of materials or products that are not compliant with BABA requirements shall be considered defective work. Contractor should ensure that Engineer/Architect has an approved Manufacturer’s Certification or waiver prior to items being delivered to the project site.
By submission of an application for payment, based in whole or in part on furnishing equipment or materials, Contractor certifies that such equipment and materials, to contractor’s knowledge, are compliant with BABA requirements.
When alternate bids are taken, they will be listed in numerical order with the highest priority being number one, second priority being number two, etc. When alternates are used, the low bidders will be selected by the lowest and best bid, considering all bids, which include the selected alternate bids. The alternates will be listed in consecutive priority order to remain within the funds available for the project.
The low bidder shall supply the names and addresses of major material suppliers and subcontractors when required to do so by the Owner.
There will be a MANDATORY pre-bid meeting at 3:30 PM, Wednesday, October 2, 2024, at the Stillwater Public Library, 1107 S Duck St, Stillwater, OK 74074. Anyone that intends to submit a bid is REQUIRED to attend this meeting.
SPECIAL NOTES TO BIDDERS: As a part of the bid on this project, the successful bidder will be required to meet all requirements of the Oklahoma Underground Facilities Damage Prevention Act, §63-142, OKIE 811, when engaged in work within the public right-of-way in the same manner as in private right-of-way.