INVITATION TO BID THE CITY OF ARDMORE FEDERAL ID # ARDMORE PUBLIC WORKS AUTHORITY FEDERAL ID #

INVITATION TO BID THE CITY OF ARDMORE FEDERAL ID # 736005072 ARDMORE PUBLIC WORKS AUTHORITY FEDERAL ID # 134237089 Sealed bids will be received by the City of Ardmore, Oklahoma hereinafter referred as the City, and the Ardmore Public Works Authority, an Authority of the City, and hereinafter referred as the Authority for a qualified Contractor(s) to provide mowing and grounds maintenance services, to include all labor, materials and equipment for the Public Utilities department, through 3:00 P.M. on Monday, April 27, 2015. The bids will be opened and tabulated in the Purchasing Dept., City Hall, at that time. Bids will be delivered to Kristi McElroy, Purchasing Coordinator in the Purchasing Department, 23 South Washington, or mailed to P.O. Box 249, Ardmore, OK 73402. A pre-bid conference is scheduled for Wednesday, April 15 th at 10:00 A.M., at the Ardmore Public Works Authority, 317 E. Veterans Blvd., Ardmore, OK 73401. Bids are tentatively scheduled for consideration by the City Commission and the Authority on Monday, May 4, 2015, at 7:00 P.M. in the City Commission/Authority Chambers on the third floor of City Hall. No bid may be withdrawn for at least sixty (60) days after the scheduled closing time of receipt of the bids. The City of Ardmore/Authority reserves the right to change dates the bid will be considered, reject any or all bids, waive all formalities and to accept that deemed most advantageous for value received. Kristi McElroy, Purchasing Coordinator Published in The Daily Ardmoreite: Sunday, April 5, 2015 Sunday, April 12, 2015 1

Organization of Invitation to Bid (ITB) Page No. Part 1 - Purpose 2 Part 2 - Award 2 Part 3 - ITB Organization Submittal 2-3 Part 4 - Terms & Conditions 3-4 Part 5 - ITB Status 5 Part 6 - Non-Collusion Affidavit 6 Part 7 - Business Relationship Affidavit 7 Part 8 - Bonding 8-10 Part 9 - Notice of Award 11 Part 10 - Notice to Proceed 12 Part 11 - Specifications, Attachments and Bid 13-17 Purpose: Through a formal Invitation to Bid (ITB) process, the intent is to enter into a written contract with the lowest most responsible bidder for a qualified Contractor(s) to provide mowing and grounds maintenance services, to include all labor, materials and equipment for the Public Utilities departments of the Authority. Award: 2.1 The City and Authority reserve the right to change dates the bid will be considered, reject any or all bids, waive all formalities, to negotiate contract terms with the successful bidder and to accept that deemed most advantageous for value received. 2.2 The City and Authority will review responses to the ITB. The vendor meeting the minimum specifications with the lowest, most responsible bid shall be recommended to the City of Ardmore Commission and the Authority for approval. 2.3 Discrepancies between the indicated sum of any column of figures and the correct sum thereof shall be resolved in favor of the correct sum. Invitation to Bid Organization/Submittal: 3.1 One (1) original and Two (2) unbound copies for a total of two (2) bids shall be submitted in a sealed envelope addressed to or hand delivered no later than the closing date and time to the following location: Kristi McElroy, Purchasing Coordinator P.O. Box 249 23 South Washington Ardmore, Oklahoma 73402 3.2 All bids shall be in the office of the Purchasing Coordinator for the City of Ardmore and Authority before the FINAL CLOSING DATE AND HOUR as shown in this Invitation to Bid. Bids received after the time set for receipt of bids SHALL NOT BE CONSIDERED. 3.3 All bids shall be submitted on the form provided and placed in a sealed envelope, plainly marked with bid number 15-400, Mowing, and shall bear on the outside the vendor s name and address. When submitting more than one (1) bid, they shall be in separate envelopes. All cost associated with responding to this ITB shall be borne by the bidder. 3.4 Bids shall be original and hard copy. Facsimile bids shall not be accepted. Bid shall be filled out in ink or typewritten. Initial any all corrections. 3.5 Failure to provide required data or failure to complete the ITB form(s) may be grounds for rejection. 3.6 Bidder shall provide with this all documentation, to include Non-Collusion Affidavit; Business Relationships Affidavit; Work Status Eligibility Affidavit; a certified check, cashier s check or bid bond equal to five percent (5%) of the bid, which shall be deposited as a guaranty; or an irrevocable letter of credit containing such terms as may be prescribed by the State of Oklahoma Office of Public Affairs issued by a financial institution insured by the Federal Deposit Insurance Corporation for the benefit of the City and Authority, in an amount equal to five percent (5%) of the bid. The cost of republication of notice to bidders, 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 amount of said check or bid bond or irrevocable letter of credit may, at the discretion of the City and Authority, be forfeited to the City and Authority, equally, in the event the apparent successful bidder fails to execute the contract or fails to provide the required bonds or irrevocable letter of credit and insurance to the City and Authority; said certified or cashier s check, bid bond or irrevocable letter of credit shall be returned to the successful bidder on execution and delivery of the contract and required bonds or irrevocable letter of credit and insurance. Checks of unsuccessful bidders shall be returned to them in accordance with the terms of the proposal. Failure to provide will result in rejection of bid. 3.7 All bids shall be signed and the non-collusion and business relationship affidavits executed and notarized upon the submission of the ITB. 2

3.8 Inquiries: Inquiries regarding specifications shall be submitted in writing only by e-mail, mail or fax to: City of Ardmore Attn: Kristi McElroy P.O. Box 249 Ardmore, OK 73402 Fax: (580)221-2563 kmcelroy@ardmorecity.org Any interpretations, corrections and changes to this bid and specifications or extensions to the opening date will be made by addenda. Sole issuing authority of addenda shall be vested in the Purchasing Coordinator. Addenda will be mailed to all who are known to have received a copy of this bid. Bidders shall acknowledge receipt of all addenda on the bid sheet. Written requests for interpretation shall be received no later than 4:30 p.m., Tuesday, April 21, 2015. Answers to all questions will be forwarded to all prospective bidders no later than 4:30 p.m., Wednesday, April 22, 2015. 3.9 Schedule of Events: Bid Issued Friday, April 3, 2015 Inquiry Due Tuesday, April 21, 2015 Pre-bid Conference Wednesday, April 15, 2015 Addenda/Responses to Inquiries Issued Wednesday, April 22, 2015 Bid(s) Due Monday, April 27, 2015 Anticipated Date of Award May 4, 2015 Terms & Conditions: 4.1 Bids must comply with all federal, state, county, and local laws and regulations concerning this type of material/item/service. 4.2 Conflict of Interest: In the event there is a potential or actual conflict of interest, the vendor shall provide full disclosure to the City of Ardmore. The City shall determine if the conflict, whether potential or actual, is material. 4.3 Choice of Law and Venue: The resulting contract shall be construed under the laws of the State of Oklahoma and venue in any action and/or litigation commenced to enforce the contract shall be instituted in the appropriate courts in Carter County, in the State of Oklahoma. 4.4 Successful bidder shall defend, indemnify, and save harmless the City and Authority and all of their officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from bid award. Successful bidder shall pay any judgment with cost which may be obtained against City growing out of such injury or damages. 4.5 Any variations or exceptions to the specifications must be stated by the bidder. All bids must meet minimum standards. 4.6 All materials/supplies/items must be new and unused, unless otherwise specified, in first-class condition, and of current/latest manufactured make and model, if applicable. 4.7 Each bidder must provide one copy of the manufacturer's specifications and warranty, if applicable. 4.8 Design, strength, quality of materials, and workmanship must conform to the highest standards of manufacturing and engineering practice. 4.9 Warranty: Successful bidder shall warrant that all materials shall conform to the proposed specifications and/or manufacturer s warranty and be free from all defects in material, workmanship and title. 4.10 Material/Item/Service bids shall be subject to the City s and Authority s approval. Materials/Supplies/Items found defective or not meeting specifications shall be picked up by the vendor within one (1) week after notification at no expense to the City and Authority. If materials are not picked up within one (1) week after notification, or as agreed, the materials will become a donation to the City or Authority for disposition. 4.11 Samples: If requested, samples shall be furnished free of expense to the City or Authority and shall be returned to the vendor, at vendor s expense. 4.12 Exceptions/Substitutions: All bids must meet minimum specifications to be considered for award. Vendors bidding substitutions shall state these exceptions by attachment, as part of the bid. The absence of exceptions shall indicate that the bidder has not taken exceptions and shall hold the bidder responsible to perform in strict accordance with the specifications of the bid. 4.13 Descriptions: Any reference to model and/or make/manufacturer used in bid specifications is descriptive, not restrictive. It is used to indicate the type and quality desired. Bids on materials/items/services of like nature and quality will be considered. 4.14 Silence of Specification: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. 4.15 Minimum Standards for Responsible Prospective Bidders: A prospective bidder must affirmatively demonstrate bidder's responsibility, and shall meet the following requirements: 4.15.1 Have adequate financial resources, or the ability to obtain such resources as required; 3

4.15.2 Ability to comply with the required or proposed delivery schedule; 4.15.3 Have a satisfactory record of performance; 4.15.4 Have a satisfactory record of integrity and ethics; 4.15.5 Be otherwise qualified and eligible to receive an award. The City or Authority may request representation and/or other information sufficient to determine bidder's ability to meet these minimum standards listed above. 4.16 References: The City or Authority may request a list of at least three (3) references where like materials/items/services have been supplied. 4.17 Delivery: All bids are F.O.B. Ardmore, Oklahoma. 4.18 Delivery Time: Bids shall show number of days required to place materials/items/services at the City's or Authority s designated location or to complete services. Failure to state delivery time may cause bid to be rejected. Successful bidder shall notify the Purchasing Department immediately if delivery schedule cannot be met. If delay is foreseen, successful bidder shall give written notice to the Purchasing Coordinator. The City or Authority has the right to extend delivery time if reason appears valid. Successful bidder must keep the Purchasing Department advised at all times of the status of the order. ITB Status 5.1 City of Ardmore and the Ardmore Public Works Authority Rights: 5.1.1 The City of Ardmore and its designees reserve the right to determine whether a bid is responsive in compliance with the specifications. 5.1.2 The City reserves the right to reject bids when procedures stated within are not followed. 5.2 Effective Period: Bids submitted shall remain in effect for a period of sixty (60) days after closing date. 5.3 Withdrawal of Bid: Bids may be withdrawn any time prior to the closing date, however, the City or Authority reserves the right to withdraw vendor(s) from future bids/proposals who have withdrawn a bid after the closing date and prior to the effective period of the ITB without the City s or Authority s approval. 5.4 Changes: It shall be the bidder s responsibility to bring to the attention of the City or Authority any discrepancies in, omissions from, or errors in the documents, or enhancements which would be in the best interest of the City or Authority, or if they are in doubt as to the meaning of any part of this ITB. 5.5 Examinations: Before submitting a bid, the bidder shall thoroughly examine the ITB and otherwise be fully informed as to all existing conditions and limitations. 5.6 Modifications of ITB: Oral modifications will not be considered. Any bidder may modify their bid before closing. Only modifications received in sealed envelopes with the ITB number, item description and closing date clearly marked on outside shall be accepted. Written confirmation must be received under the same signature as prior submitted bid. All modifications are to be clearly numbered and dated as to determine the final one. 5.7 Sales Tax Exemption: All proposals shall be submitted excluding Federal Excise Tax and Oklahoma State Tax. The City of Ardmore and The Ardmore Public Works Authority are exempt from Federal Excise Tax and Oklahoma State Tax by state statute. When proof of a tax exempt status is required, a notation should be made on the bid and an exemption letter shall be furnished. Bid tabulation may be requested by sending a self-addressed stamped envelope along with vendor s bid. Requested tabulation will be mailed after bid opening. If you have questions concerning the specifications for the lift station mowing, please contact Ms. Carol Anderson, Wastewater Superintendent, at (580) 220-2831, between the hours of 8:00 a.m. and 4:00 p.m., Monday-Friday. If you have questions concerning the specifications for the public utilities facility or water tower mowing, please contact Mr. Shawn Geurin, Wastewater Superintendent, at (580) 221-5402,, between the hours of 8:00 a.m. and 4:00 p.m., Monday-Friday. If you have questions concerning the bid process, please contact Kristi McElroy, Purchasing Coordinator, at (580) 221-2548, between the hours of 7:30 a.m. and 4:30 p.m., Monday-Friday. Equal Employment Opportunity Plan Statement: It is the continuing policy of the City/Authority, Oklahoma to employ, retain, promote, terminate, and otherwise treat all employees and job applicants on the basis of merit, qualifications and competence. This policy shall be applied without regard to any individual s sex, race, color, ancestry, religious creed, national origin, pregnancy, childbirth or related medical condition, age, marital status, disability, or any other legally protected status, so long as bona fide occupational qualifications are met. The City/Authority recognizes that its commitment to equal employment opportunity entails the responsibility to ensure that every reasonable effort is made to obtain a proportional representation of minorities, women and the disabled among City/Authority employees by taking affirmative action to increase the representation of minorities, women and the disabled in the City/Authority work force as appropriate. The City/Authority is an Equal Opportunity Employer. 4

NON-COLLUSION AFFIDAVIT The following affidavit is submitted by bidder as a part of this bid and proposal: STATE OF ) ) COUNTY OF ) The undersigned deponent, of lawful age, being duly sworn, upon his oath, deposes and says: That he has lawful authority to execute the within and foregoing proposal; that he has executed the same by subscribing his name hereto under oath for and on behalf of said bidder; that bidder has not, directly or indirectly, entered into an agreement, expressed or implied, with any bidder or bidders, having for its object controlling of the price or amount of such bid or bids, the limiting of the bids or the bidders, the parceling or farming out to any bidder or bidders or other persons of any part of the contract or any part of the subject matter of the bid or bids or of the profits thereof, and that he has not and will not divulge the sealed bid to any person whomsoever, except those having a partnership or other financial interest with him in said bid or bids, until after the said sealed bid or bids are opened. Deponent further states that the bidder has not been a party to any collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid at a fixed price, or to refrain from bidding; or with any City or Authority official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussions between bidders and any City or Authority official concerning exchange of money or other thing of value for special consideration in the letting of a contract; that the bidder has not paid, given or donated or agreed to pay, give or donate to any officer of the City or Authority any money or other thing of value, either directly or indirectly, in the procuring of the award of contract pursuant to this bid. NON-KICKBACK AFFIDAVIT The undersigned person, of lawful age, being duly sworn, on oath, says this invoice is true and correct and that he/she is authorized to submit the invoice pursuant to a contract or purchase order. Affidavit further states the (work, services, or materials) as shown by the invoice have been (completed or supplied) in accordance with the plans, specifications, orders, requests, or contract furnished or executed by the affidavit. Affidavit further states that he/she has made no payment directly or indirectly to any elected official, officer, or employee of the (county, municipality, or school district) or money or any other thing of value to obtain payment of the invoice to procure the contract or purchase order pursuant to which an invoice is submitted. Name of Bidder Signature of Bidder Title Subscribed and sworn before me, this day of,20. Notary Public My Commission Expires Note: This affidavit shall be executed and submitted with bid. 5

BUSINESS RELATIONSHIPS AFFIDAVIT If none of the business relationships mentioned exists, affidavit should so state NONE. 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. Affidavit further states that the nature of any partnership, joint venture, or other business relationship presently in effect or which existed within one (1) year prior to the date of this statement with the City, Authority, architect, engineer, or other party to the project is as follows: Affidavit further states that any such business relationship presently in effect or which existed within one (1) year prior to the date of this statement between any officer or director of the bidding company and any officer or director of the City, Authority, architectural or engineering firm or other party to the project is as follows: Affidavit further states that the names of all persons having any such business relationships and the positions they hold with their respective companies or firms are as follows: (If none of the business relationships herein above mentioned exist, affidavit should so state) Name of Bidder Signature of Bidder Title Subscribed and sworn before me, this day of,20. Notary Public My Commission Expires Note: This affidavit shall be executed and submitted with bid. 6

AFFIDAVIT OF WORK STATUS ELIGIBILITY The following affidavit is submitted by Contractor as a part of this proposal: STATE OF ) ) COUNTY OF ) I,, (print name) as the agent of (print company or business name) located at _ (address) do hereby swear and affirm that I have verified the legal work status of all the employees who will work on this contract, with the City of Ardmore, Oklahoma, through the federal E-Verify program. I also affirm that all the current and future employees who work under this contract for the City/Authority are legally eligible to work in the United States (as defined by the United States Department of Homeland Security). (print deponent s full name), being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing AFFIDAVIT OF WORK STATUS ELIGIBILITY by his/her subscribed and that the matters stated herein are true to the best of his/her information, knowledge and belief. Deponent s Signature Deponent s Printed Name SUBSCRIBED AND SWORN to before me this day of, 2015. Notary Public My Commission Expires Note: This affidavit shall be executed and submitted with proposal. 7

BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,, as Principal, and, as Surety, a corporation organized and existing under the laws of the State of are hereby held and firmly bound unto The City of Ardmore and The Ardmore Public Works Authority, as obligee, in the penal sum of Dollars, lawful money of the United States of America, for the payment of which sum of money well and truly to be made, the said Principal and Surety themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of the above obligation is such, that, if the Obligee shall make any award to the Principal has submitted to The City of Ardmore and The Ardmore Public Works Authority a certain Bid, attached hereto and hereby made part hereof to enter into a contract in writing, for the _. NOW, THEREFORE, (a) (b) If said Bid shall be rejected, or in the alternate, If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The surety, for value received, hereby stipulates and agrees that the obligations of said Surety and it s bond shall be in no way impaired or affected by any extension of the time within which the Owner(s) may accept such Bid; and said Surety does hereby Waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. SIGNED, this day of, 20. Surety BY Principal BY SEAL 8

PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we,, as Principal, and, and Surety, a corporation organized under the laws of the State of and authorized to transact business in the State of Oklahoma, as Surety, are held and firmly bound unto The City of Ardmore and The Ardmore Public Works Authority in the penal sum of dollars, in lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and each of us, our heirs, executors, administrators, trustees, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, said Principal entered into a written Contract with The City of Ardmore and the Ardmore Public Works Authority, dated, 20, for: all in compliance with the plans and specifications thereto, made a part of said Contract and on file in the office of The City of Ardmore Purchasing Office, 23 S. Washington, Ardmore, OK 73401. NOW, THEREFORE, if said Principal shall fail or neglect to pay all indebtedness incurred by said Principal or subcontractors of said Principal who perform work in the performance of such contract, for labor, and materials and contract within thirty (30) days after the same becomes due and payable, the person, firm, or corporation entitled thereto may sue and recover on this bond, the amount so due and unpaid. It is further expressly agreed and understood by the parties hereto that no changes or alterations in said Contract and no deviations from the plan or mode of procedure herein fixed shall have the effect of releasing the sureties, or any of them, from the obligations of the Bond. IN WITNESS WHEREOF, the Principal has caused these presents to be executed in it s corporate seal to be hereunto affixed by it s duly authorized officers, and the said Surety has caused these presents to be executed in it s name and it s corporate seal to be hereunto affixed by it s attorney-in-fact, duly authorized so to do, the day and year above written. SIGNED, this day of, 20. Surety BY Attorney-in-Fact Principal BY SEAL 9

PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That_,as Principal, and, a corporation organized under the laws of the State of and authorized to transact business in the State of Oklahoma, as Surety, are held and firmly bound unto The City of Ardmore and The Ardmore Public Works Authority in the penal sum of dollars, in lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves and each of us, our heirs, executors, administrators, trustees, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that: WHEREAS, said Principal entered into a written Contract with The City of Ardmore and The Ardmore Public Works Authority, dated, 20, for: all in compliance with the plans and specifications therefore, made a part of said Contract and on file in the office of The City of Ardmore Purchasing Office, 23 S. Washington, Ardmore, OK 73401. NOW, THEREFORE, if said Principal shall, in all particulars, well, truly, and faithfully perform and abide by said Contract and each and every covenant, condition, and part thereof and shall fulfill all obligations resting upon said Principal shall promptly pay, or cause to be paid, all labor, materials and/or repairs and all bills for labor performed on said work, whether by subcontract or otherwise; and if said Principal shall protect and save harmless said City of Ardmore and The Ardmore Public Works Authority. harmless from all loss, damage, and expense to life or property suffered or sustained by any person, firm, or corporation caused by said Principal or his or it s agents, servants, or employees in the construction of said work, or by or in consequence of any negligence, carelessness or misconduct in guarding and protecting the same, or from any act or omission of said Principal or his or it s agents, servants or employees, and if said Principal shall protect and save The City of Ardmore and The Ardmore Public Works Authority harmless from all suits and claims of infringement or alleged infringement or patent rights or processes, then this obligation shall be null and void, otherwise to be and remain in full force and effect. It is further expressly agreed and understood by the parties hereto that no changes or alterations in said Contract and no deviations from the plan or mode of procedure herein fixed shall have the effect of releasing the sureties, or any of them, from the obligations of this bond. IN WITNESS WHEREOF, the Principal has caused these presents to be executed in it s name and it s corporate seal to be hereunto affixed by it s duly authorized officers, and the said Surety has caused these presents to be executed in it s name it s corporate seal to be hereunto affixed by it s attorney-in-fact, duly authorized so to do, the day and year first above written. DATED this day of, 20. Surety BY Attorney-in-Fact Principal BY SEAL 10

NOTICE OF AWARD To: Date: The City of Ardmore and the Ardmore Public Works Authority has considered the Bid 15-400 submitted by in response to its Invitation for Bid dated April 27, 2015. is hereby notified that your Bid has been accepted for mowing and grounds maintenance services, for the City of Ardmore Wastewater Treatment Department and The Ardmore Public Works Authority Water Production Department, Ardmore, Oklahoma, in the amount of $. is required by the Invitation to Bid to execute the Agreement and furnish the required CONTRACTOR S Statutory (Payment) Bond, Performance Bond, Certificates of Insurance and Oklahoma Worker s Compensation within ten (10) calendar days from the date of this Notice. If you fail to execute said Agreement and to furnish said Bonds and Certificates of Insurance within ten (10) calendar days from the date of this Notice, the City of Ardmore and Authority will be entitled to consider all your rights arising out of the City of Ardmore s acceptance of Bid Bond. The City of Ardmore and Authority shall be entitled to such other rights as may be granted by law. is required to return an acknowledged copy of this Notice of Award to the City of Ardmore and the Authority. DATED THIS day of, 20. City of Ardmore & Ardmore Public Works Authority (Owner) By: Kristine L. McElroy Purchasing Coordinator ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of, 2015. (Contractor) By: _ Title: 11

NOTICE TO PROCEED To: Date: Project Description: Contractor for all labor, materials, supplies and equipment necessary to provide mowing and grounds maintenance services, for the City of Wastewater Treatment Department per the minimum specifications of bid number 15-400 and under the direction of Ms. Carol Anderson, Superintendent. The City of Ardmore and Ardmore Public Works Authority have considered the bid (15-400) submitted by for the above described work in response to its Invitation to Bid dated April 27, 2015. is hereby notified to commence work in accordance with the Agreement dated, 20. The date of completion of all work is therefore November, 2015. DATED THIS day of, 20. City of Ardmore & Ardmore Public Works Authority (Owner) By: Kristine L. McElroy Purchasing Coordinator ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of, 2015. _ (Contractor) By: Title: 12

MINIMUM SPECIFICATIONS Mowing and Grounds Maintenance Services 1.0 SCOPE: A. The City of Ardmore, hereinafter referred to as the City, and the Ardmore Public Works Authority, hereinafter referred to as the Authority, are in need of a qualified Contractor(s) to provide mowing and grounds maintenance services. The proposed effective date of the award will be May 5, 2015, and the expiration date would be October 31, 2015 with the option to renew for three (3) additional years provided that the services and prices continue to be acceptable to both parties. A maximum of 2.5% increase shall be allowed each subsequent year. B. A pre-bid conference is scheduled for Wednesday, April 15 th at 10:00 A.M., at the Ardmore Public Works Authority, 317 E. Veterans Blvd., Ardmore, OK 73401. B. The City and Authority are in need of mowing and grounds maintenance services at selected sewer lift stations and other public properties. C. The City and Authority reserve the right to award bid by item/schedule or all, partial or none as it deems to be in the best interest of the City and Authority. There are no guarantees of the acreage, these are only estimates. 2.0 GENERAL: A. The Contractor shall provide mowing and grounds maintenance services as described and shall provide all labor, materials and equipment. B. The Contractor shall appoint a representative to serve as liaison between the Contractor and the City s and Authority s representatives. C. The Contractor shall schedule work hours with the City and Authority and shall not interfere with the normal work of City or Authority employees or pre-scheduled public use. D. Mowing shall not be done when weather or conditions will result in turf damage. Any alterations to the mowing schedule shall be coordinated with and approved by the City and Authority. E. The Contractor shall pick up and dispose of all litter or debris as needed with every site. Litter and other obstructions shall be picked up prior to each mowing cycle. F. The Contractor shall operate as an independent Contractor and not as an agent, representative or employee of the City or Authority, and shall control the operations of the work sites, and be solely responsible for the acts of the Contractor s employees or agents. G. The Contractor shall exercise extreme caution while working. Safety vests, safety cones and approved signage are required when working in any traffic situation. H. A weekly report of all the areas mowed shall be turned in or faxed to the City or Authority. I. A monthly report shall be written by the City s and Authority s representatives detailing any areas of the Contractor s performance that are considered substandard or fail to meet any of the provisions of the contract. J. The Contractor shall have seven (7) days to cure the non-compliance cited in the monthly report. K. Any malfunction of utility systems such as irrigation or electrical or major obstacles (downed trees, etc.) must be considered an emergency. The Contractor must notify the City and Authority of such an emergency within one (1) hour. 13

L. Contract payments shall be made monthly or biweekly after services have satisfactorily been accepted by the City and Authority. M. The Contractor shall not sub-contract any portion of this contract without written permission by the City and Authority. 3.0 TERMINATION: A. If the Contractor shall make default in the performance of any provision, covenant or agreement in the Contract, specifically including but not limited to the failure of the Contractor to properly perform the maintenance herein in a good and workmanlike manner, the City and Authority, in addition to any and all other remedies available to it under this Contract or according to law, may at its option, give the Contractor fourteen (14) days notice in writing that it declares the Contract and all rights thereunder, null and void, unless the default is satisfactorily corrected within that time. B. Upon Notice of Termination, the Contractor agrees to immediately cease all operations and to remove its personnel and equipment from within City boundaries. C. It is mutually agreed that the City is a municipal corporation and cannot and does not assume any obligation for the expenditure of any funds or the performance of any act involving expenses beyond items included in its budget for the current fiscal year and none for the future years. 4.0 REQUIREMENTS: A. List of Equipment: A list of all equipment in the Contractor s current inventory to be used in the work covered by this contract shall be submitted with bid. B. The Contractor shall have available for his/her services any equipment necessary to perform the job available. Available shall mean that the equipment is owned and under the control of the Contractor. All equipment shall be in good repair. The City and Authority reserve the right to make inspections of the equipment to be used in the performance of this contract. C. It is important that the Contractor review each contracting area. Contact Ms. Carol Anderson (580-220-2831) to view lift stations. Contact Mr. Shawn Geurin (580-221-5402) to view other locations. 5.0 SPECIFIC MOWING AND GROUND MAINTENANCE REQUIREMENTS: A. Mowing shall be performed in a professional manner that insures a smooth surface appearance without scalping or leaving any missed uncut grass. Bagging is not required. However, removal of excess clippings may be necessary. B. All mowers shall be adjustable and adjusted to the cutting height for the kind of grass and current conditions of the turf. Mowing heights shall be determined by the City and Authority. C. String-line grass trimming shall immediately follow the mowing. Grass is to be trimmed at the same height as the adjacent turf is mowed. D. All curbs and driveways shall be edged. E. Cut grass and debris shall not be swept or blown onto the streets, sidewalks, driveways or adjacent properties. F. The Contractor shall obtain all necessary permits and obtain all official licenses for the work necessary. The Contractor shall be responsible for all violations of the law for any cause in connection with the work caused by the Contractor. G. If the Contractor fails to meet any of the requirements of this section, the City and/or Authority shall notify Contractor of such deficiencies and Contractor shall have seven (7) days to correct the deficiencies. If Contractor fails to correct the deficiencies within seven (7) days, the City and/or Authority, without further 14

notice, may abate the deficiency, the cost of which shall be charged to the Contractor. 6.0 MOWING SCHEDULE: A. Sewer lift stations and the water tower shall be mowed an average of every fourteen (14) days or twice per month. A minimum of fourteen (14) mowings or a maximum of sixteen (16) mowings per year shall be performed by the Contractor, or as needed and as determined by the City/Authority. B. The public utility facility shall be mowed bi-weekly, or as needed and as determined by the City/Authority. C. The Ardmore Airpark Water Treatment Plant shall be completely mowed and trimmed a maximum of once per month, May through October, or as needed and as determined by the City/Authority. 7.0 INSURANCE: A. The Contractor, at his sole expense throughout the term of this Contract, shall keep in force Oklahoma Workers Compensation Insurance as required by applicable law in effect now and at any time throughout the term of the Contract and shall further keep in force comprehensive liability insurance issued by a responsible insurance company and in a form acceptable to the City and Authority, for the protection of the City and Authority against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City and Authority, by reason of damage to the property of, injury to or death of any person or persons on account of anything which may occur on assignments during the term of this Contract or any extensions thereof, in a policy or policies in the amount of Twenty-Five Thousand Dollars ($25,000.00) for any claim or to any claimant who has more than one claim for loss of property arising out of a single accident or occurrence; One Hundred Twenty-Five Thousand Dollars ($125,000.00) to any claimant for his claim for any other loss arising out of a single accident or occurrence, and One Million Dollars ($1,000,000.00) for any number of claims arising out of a single occurrence or accident, and to furnish the City and Authority with a complete list of all such insurance policies. B. The policies of insurance shall be executed by an insurance or indemnity carrier authorized to do business in the State of Oklahoma. C. Before executing the contract, the Owner shall be furnished a binder or certificate of insurance showing the coverage to be in effect. 8.0 It is mutually understood and agreed that nothing contained in this Contract is intended to or shall be construed, as in any way creating or establishing the relationship or co-partners or joint venture between the parties hereto or as constituting the Contractor as agent or representative of the City or Authority for any purpose or in any manner whatsoever. 9.0 The City and Authority have the absolute and unconditional right to terminate this Contact at any time without reason upon giving the Contractor thirty (30) days written notice in writing at the address set out herein above. Upon receiving said notice, the Contractor shall remove its equipment and personnel from mowing and grounds maintenance service within City boundaries. 15

BID SCHEDULE Mowing and Grounds Maintenance Services The various items/locations in the Bid Schedule shall be paid at the unit price bid. Bidder agrees to perform all work described in the Contract Documents for the following unit prices. These unit prices shall be full compensation for furnishing all labor, materials, supplies and equipment necessary to complete the mowing and grounds maintenance services at each location. The City and Authority reserves the right to award bid by item/schedule or all, partial or /none as it deems to be in the best interest of the City and or Authority. SCHEDULE I PUBLIC UTILITY MOWING: ITEM LOCATION UNIT QTY UNIT AMOUNT PRICE 1. Lift Station at 2231 Hedges Rd. Acre 5.72 $ 2. Lift Station at 130 S. Rockford Rd. Acre.46 $ 3. Lift Station at 1610 McClain Rd. Acre 5.5 $ 4. Lift Station at D St. and E. Broadway Acre.12 $ 5. Lift Station at 1520 Southern Hills Dr. Acre.96 $ 6. Lift Station at 2521 3 rd Ave., NE Acre.02 $ 7. Lift Station at Regional Park Acre.41 $ 8. Lift Station at Chickasaw Lake Club Road Acre.64 $ 9. Lift Station at Dornick Hills Acre.17 $ 10. Lift Station at Town and Country Circle Acre.10 $ 11. Lift Station at SOAR Ardmore Industrial Airpark on Cypert Way Acre.49 $ 12. Lift Station at Industrial Airpark Acre.06 $ 13. Lift Station on Refinery Road Acre.10 $ 14. Lift Station on Myall Acre.12 $ 15. OSU Lift Station Acre.10 $ 16. Wastewater Plant at Industrial Airpark Acre 4.37 $ 17. Water Plant at Industrial Airpark Acre 5.5 $ 18. Water Tower, N. Commerce $ 19. Public Works Facility, 317 E. Veterans Blvd. $ GRAND TOTAL SCHEDULE I: $ 16

Affidavits Enclosed? Exceptions Attached? Bid Bond Enclosed? Yes No Yes No Yes No Does Bid meet all minimum specifications? Original and One (1) Copy of Bid Enclosed? Yes No Yes No By signing below I agree and will adhere to the specifications and contract: Name of Firm: Address: City: State: Zip: Telephone: Fax: Toll Free Phone No. E-Mail Address: Name of Representative (Print or Type) Signature and Title Date NOTE: Bids received more than ninety six (96) hours, excluding weekends and holidays, before the time set for opening of bids, as well as bids received after the time set for opening of bids, including those resulting from late delivery of a courier service, will not be considered and will be returned unopened. This office has observed that some courier services are unable to deliver bids before the opening. Please verify, with your courier, delivery times for the Ardmore area. 17