The URL can be used to link to this page

Home My WebLink About2013.12.03_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY RECEIVED TYPE OF MEETING: Regular DATE: December 3, 2013 NOV go 7 7013 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building City Clerk's Office 109 N. Birch A Notice of the meeting and agenda filed in the office of the City Clerk and posted at City Hall at 6:00 p.m. on Wednesday, November 27, 2QI3� I r AGENDA 1. Call to Order Chairman 2. Invocation Dale Blackwood of First Baptist Church 3. Flag Salute 4. Presentation of the Character Trait of Self - Control Scott Pallett, Character Council Member 5. Roll Call 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable A. Approval of the Minutes of the November 19, 2013 Regular Meeting Attachment #6A B. Approval of Claims Attachment #6B Consideration and appropriate action relating to items removed from the Consent Agenda Owasso Public Works Authority December 3, 2013 Page 2 B. Consideration and appropriate action relating to the adoption of Resolution No. 2013 -07, approving and authorizing a Clean Water SRF Loan from the Oklahoma Water Resources Board in the total aggregate principal amount of $3,425,000; approving the issuance of a Series 2013 Clean Water SRF Promissory Note to Oklahoma Water Resources Board in the total aggregate principal amount of $3,425,000, secured by a pledge of revenues and authorizing its execution; approving and authorizing the execution of a loan agreement for Clean Water SRF Loan; designating a local Trustee and approving and authorizing the execution of a trust agreement; approving and authorizing the execution of a security agreement; ratifying and confirming a lease whereby the City of Owasso leased to the Owasso Public Works Authority its water, sanitary sewer, and garbage and trash collection systems and the Bailey Ranch Golf Club; ratifying and confirming a subordinate lien sales tax agreement; ratifying and confirming a parity agreement; approving various covenants; approving and authorizing payment of fees and expenses; and containing other provisions relating thereto Linda Jones Attachment #8 Staff recommends adoption of Resolution No, 2013 -07. 9. Consideration and appropriate action relating to the award of a construction bid for the Ranch Creek Sewer Interceptor Improvement Project Roger Stevens Attachment #9 Staff recommends awarding the contract for construction of the Ranch Creek Sanitary Sewer Interceptor Project to Rosetta Construction, LLC, in the amount of $2,864,543 and authorization for the Chairman to execute the construction contract. 10. Report from OPWA Manager 11. Report from OPWA Attorney 12. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 13. Adjournment OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, November 19, 2013 The Owasso Public Works Authority met in regular session on Tuesday, November 19, 2013 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on November 15, 2013. 1. Cali to Order Chairman Bonebrake called the meeting to order at 6:30 pm. 2. Invocation The invocation was offered by Doug Johnson of Beacon Hill Baptist Church. 3. Flag Salute Councilor Ross led the flag salute. 4. Roll Cali Present: Chairman - Doug Bonebrake Vice Chairman - Chris Kelley Trustee - Charlie Brown Trustee - Jeri Moberly Trustee - Patrick Ross A quorum was declared present. Staff Interim Authority Manager- Warren Lehr Authority Attorney - Julie Lombardi 5. Consideration and appropriate action relating to a request for approval of the Consent Agenda. All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable A. Approval of the Minutes of the November 5, 2013 Regular Meeting and the November 12, 2013 Work Session B. Approval of Claims C. Receipt of the Monthly Budget Status Report Mr. Brown requested item B be removed for separate consideration. Mr. Brown moved, seconded by Mr. Ross to approve items A and C of the Consent Agenda. YEA: Kelley, Brown, Moberly, Ross, Bonebrake NAY: None Motion carried: 5 -0 Owasso Public Works Authority November 19, 2013 Page 2 6. Consideration and appropriate action relating to items removed from the Consent Agenda After discussion, Mr. Brown moved, seconded by Ms. Moberly to approve item B with claims totaling, $356,142.30. Also, included for review were the self- insurance claims report and the payroll report for 11 /02/13. YEA: Ross, Kelley, Brown, Moberly, Bonebrake NAY: None Motion carried: 5 -0 7. Consideration and appropriate action relating to the acceptance of a donation and a budget amendment in the OPWA Fund Roger Stevens presented the item recommending Trustee acceptance of an anonymous donation in the amount of $5,000 and approval of budget amendment in the OPWA Fund increasing the estimated revenues and the appropriation for expenditures by $5,000. After discussion, Dr. Kelley moved, seconded by Ms. Moberly to accept the donation and to approve the budget amendment, as recommended. YEA: Moberly, Ross, Kelley, Brown, Bonebrake NAY: None Motion carried: 5 -0 8. Consideration and appropriate action relating to Resolution No. 2013 -06 authorizing the Owasso Public Works Authority (the "Authority ") to issue its utility system and sales tax revenue note, series 2013 (the "Note ") in the aggregate principal amount of $2,915,000.00; waiving competitive bidding and authorizing the Note to be sold on a negotiated basis; ratifying and confirming a security agreement by and between the City of Owasso, Oklahoma (the "City ") and the Authority pertaining to a year -to -year pledge of certain sales tax revenue; approving and authorizing execution of a Series 2013 Supplemental Note Indenture authorizing the issuance and securing the payment of the Note; providing that the organizational document creating the Authority is subject to the provisions of the indenture; ratifying and confirming a lease agreement; establishing the Authority's reasonable expectation with respect to the issuance of tax - exempt obligations by the Authority in calendar year 2013, and designating the Note as a qualified tax - exempt obligation; authorizing and directing the execution of the Note and other documents relating to the transaction, including professional services agreements; and containing other provisions relating thereto Sherry Bishop presented the item recommending adoption of Resolution No. 2013 -06. After discussion, Mr. Ross moved, seconded by Ms. Moberly to adopt Resolution No. 2013- 06, as recommended. YEA: Ross, Moberly, Kelley, Brown, Bonebrake NAY: None Motion carried: 5 -0 Owasso Public Works Authority November 19, 2013 Page 3 9. Report from OPWA Manager No report 10. Report from OPWA Attorney No report 11. New Business None 12. Adjournment Mr. Ross moved, seconded by Mr. Brown to adjourn the meeting. YEA: Kelley, Brown, Moberly, Ross, Bonebrake NAY: None Motion carried: 5 -0 Motion carried and the meeting adjourned at 6:47 pm. Doug Bonebrake, Chairman Lisa Wilson, Minute Clerk Claims List 12!312013 Budget Unit Title Vendor Name I Payable Description PaymentAmount OPWA JAMERICAN MUNICIPAL SERVICES CORP. JCOLLECTiON SERVICES 437.45 TOTAL OPWA 437.45 OPWA ADMINISTRATION JPMORGAN CHASE BANK WALMART- SUPPLIES 11.88 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 5.59 OKLAHOMA ONE -CALL SYSTEMS INC 2014 MEMBERSHIP FEE 250.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 52.01 STANDLEY SYSTEMS, LLC COPIER MAINTENANCE AGREEM 242.93 UNIFIRST HOLDINGS LP UNIFORM RENTAL 60.41 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 20.06 JPMORGAN CHASE BANK OFFICE EVERYTHING - SUPPLIE 13.04 JPMORGAN CHASE BANK LOWES - MICROWAVE 131.97 JPMORGAN CHASE BANK FLEET - SAFETY COATS 138.18 CITY OF OWASSO ADMIN OVERHEAD 15,416.00 JPMORGAN CHASE BANK LOWES -DOOR REPLACEMENTS 18.72 TOTAL OPWA ADMINISTRATION 16,381.79 UTILITY BILLING JPMORGAN CHASE BANK RADIOSHACK -WAND PLUGS 4.32 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES 1,520.70 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES 1,520.12 TYRONE EUGENE DINKINS METER READER 237.60 TODD C. KIMBALL METER READER 672.30 TYRONE EUGENE DINKINS METER READER 545.10 KATHLEEN A BALSIGER METER READER 479.70 TOTAL UTILITY BILLING 4,979.84 WATER USA MOBILITY WIRELESS, INC PAGER USE 89.10 SPRINT SOLUTIONS, INC. SPRINT CARDS 39.99 JPMORGAN CHASE BANK KUM & GO -FUEL FOR PUMP 13.51 UNIFIRST HOLDINGS LP UNIFORM RENTAL 54.36 JPMORGAN CHASE BANK ODEO -EXAM FEES 124.00 OWASSO TOP SOIL DIRT FOR WATER DEPT 45.00 TWIN CITIES READY MIX, INC CONCRETE 380.00 APAC- OKLAHOMA, INC. ASPHALT 2,587.09 CITY OF TULSA DEPT OF FINANCE LAB SERVICES 500.00 UNIFRST HOLDINGS LP UNIFORM RENTAL 54.36 JPMORGAN CHASE BANK LOWES- CONCRETE BLOCKS 35.20 JPMORGAN CHASE BANK TRANSCO SUPPLY -PPE 59.72 UNIFIRST HOLDINGS LP UNIFORM RENTAL 39.93 JPMORGAN CHASE BANK LOWES- CONCRETE 22.50 JPMORGAN CHASE BANK GELLCO -BOOTS 125.99 JPMORGAN CHASE BANK ITRANSCO SUPPLY -PPE 10.70 Page 1 Claims List 12/3/2013 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL WATER 4,1$1,45 VATER TREATMENT JPMORGAN CHASE BANK TRANSCO SUPPLY -PPE 10.70 UNIFORM RENTAL JPMORGAN CHASE BANK HACH CO -LAB SUPPLIES 207.05 39.99 JPMORGAN CHASE BANK HACH CO- DEIONIZED WATER 237.47 JPMORGAN CHASE BANK JPMORGAN CHASE BANK WASTE MGMT- SLUDGE REMOVAL 1,493.14 ASPHALT JPMORGAN CHASE BANK GRAINGER- CABINET 339.53 344.14 UV SUPERSTORE, INC ULTRAVIOLET LAMPS 8,075.00 JPMORGAN CHASE BANK JPMORGAN CHASE BANK OOEQ- ANNUAL PERMIT FEES 8,225.30 HD SUPPLY - LOCATE PAINT JPMORGAN CHASE BANK HUTHEL -LAB TESTING 925.00 155.00 JPMORGAN CHASE BANK FLEET DIST- UNIFORM APPARE 149.34 TREASURER PETTY CASH JPMORGAN CHASE BANK TRANSCO SUPPLY -PPE 59.72 SCHUERMANN ENTERPRISES, INC INSTALL WIRE TURBIDIMETER 596.40 JPMORGAN CHASE BANK AIR MAC - MAINTENANCE SVCS 3,373.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 82.54 MICHAEL G. RICHARD SAMPLE TESTING @ WWTP 550.00 BILL D. DRIVER VALVE STEM WELDING 125.00 JPMORGAN CHASE BANK GRAINGER -UV BULBS 160.71 JPMORGAN CHASE BANK GRAINGER -UV STERILIZER 82.77 JPMORGAN CHASE BANK ATWOODS- UNIFORM APPAREL 189.98 JPMORGAN CHASE BANK HACH CO- TESTING SUPPLIES 39.40 JPMORGAN CHASE BANK BEST BUY - EQUIPMENT 43.98 JPMORGAN CHASE BANK HACH CO- BUFFER SOLUTION 57.64 JPMORGAN CHASE BANK UPS STORE - SHIPPING 92.83 JPMORGAN CHASE BANK LOWES- DISINFECTANT 21.44 SPRINT SOLUTIONS, INC. SPRINT CARDS 39.99 JPMORGAN CHASE BANK GRAINGER -PARTS 101.94 UNIFIRST HOLDINGS LP UNIFORM RENTAL 66.94 USA MOBILITY WIRELESS, INC PAGER USE 17.72 WASTEWATER TREATMENT 9q zae 9'4 USA MOBILITY WIRELESS, INC PAGER USE 73.86', UNIFIRST HOLDINGS LP UNIFORM RENTAL 33.63'. SPRINT SOLUTIONS, INC. SPRINT CARDS 39.99 JPMORGAN CHASE BANK LOWES- SUPPLIES 58.58 JPMORGAN CHASE BANK LOWES- BATTERY PACK 90.67 APAC - OKLAHOMA, INC. ASPHALT 155.10 SCHUERMANN ENTERPRISES, INC PUMP STATION REPAIRS 344.14 SCHUERMANN ENTERPRISES, INC FLOATS FOR LIFT STATIONS 1,602.26 JPMORGAN CHASE BANK HD SUPPLY - SUPPLIES 44.80 JPMORGAN CHASE BANK HD SUPPLY - LOCATE PAINT 37.56 JPMORGAN CHASE BANK HD SUPPLY- SUPPLIES 155.00 SCHUERMANN ENTERPRISES. INC LIFT STATION REPAIRS 285.60 TREASURER PETTY CASH CDL LICENSE RENEWAL 51.50 Page 2 Claims List 1213/2013 Budget Unit Title Vendor Name Payable Description Payment Amount WASTEWATER COLLECTION: JPMORGAN CHASE BANK TRANSCO SUPPLY -PPE 59.72 JPMORGAN CHASE BANK TRAVELEXPENSE 32.47 JPMORGAN CHASE BANK LOWES- CONCRETE 37.50 JPMORGAN CHASE BANK LOWES - SUPPLIES 154.88 JPMORGAN CHASE BANK TRAVEL EXPENSE 21.13 JPMORGAN CHASE BANK TRAVELEXPENSE 19.60 JPMORGAN CHASE BANK GELLCO -BOOTS 116.99 JPMORGAN CHASE BANK GELLCO -BOOTS 107.99 JPMORGAN CHASE BANK HD SUPPLY -METAL DETECTOR 685.00 JPMORGAN CHASE BANK TRAVELEXPENSE 17.66 JPMORGAN CHASE BANK TRAVELEXPENSE 16.78 JPMORGAN CHASE BANK TRAVELEXPENSE 12.68 JPMORGAN CHASE BANK LOWES- SHELVING 77.98 JPMORGAN CHASE BANK TRANSCO SUPPLY -PPE 10.70 TOTAL WASTEWATER COLLECTIONS 4,343.77 REFUSE COLLECTIONS JPMORGAN CHASE BANK TRANSCO SUPPLY -PPE 10.70 JPMORGAN CHASE BANK BROWN FARMS-SOD 15.00 JPMORGAN CHASE BANK BROWN FARMS-SOD 21.00 JPMORGAN CHASE BANK LOWES -TOOLS 49.94 JPMORGAN CHASE BANK ALSUMATRUCK- REPAIRS 934.71 JPMORGAN CHASE BANK ALSUMATRUCK- REPAIRS 3,357.56 JPMORGAN CHASE BANK BUMP2BUMP- ANTIFREEZE 79.00 JPMORGAN CHASE BANK TRANSCO SUPPLY -PPE 59.72 COVANTA LANCASTER, INC REFUSE TIPPING FEES 4,735.05 UNIFIRST HOLDINGS LP UNIFORM RENTAL 44.80 UNIFIRST HOLDINGS LP UNIFORM RENTAL 44.80 JPMORGAN CHASE BANK OREILLYS- LUBRICANT 143.88 USA MOBILITY WIRELESS, INC IPAGER USE 62.511 TOTAL REFUSE COLLECTIONS 9,558.68 RECYCLE CENTER UNIFIRST HOLDINGS LP UNIFORM RENTAL 10.98 UNIFIRST HOLDINGS LP UNIFORM RENTAL 10.98 JPMORGAN CHASE BANK LOWES -GATE OPENERS 74.94 R.W. BECK GROUP, INC. ENGINEERING SERVICES 6,811.88 TOTAL RECYCLE CENTER 6,908.78 OPWA DEBT SERVICE THE BANK OF NEW YORK TRUST CO 799420/ORF090007CW/09C 23,361.34 THE BANK OF NEW YORK TRUST CO 799413/FAP120011- 1-/12 -02B 10,440.00 THE BANK OF NEW YORK TRUST CO 875013/0RF -09- 0003- CW /09B 55,960.40 THE BANK OF NEW YORK TRUST CO 618733/06 NOTE 36,269.17 THE BANK OF NEW YORK TRUST CO 618713 /FAP010003 -L /01C 6,414.34 THE BANK OF NEW YORK TRUST CO 618708/FAP040006 -L /04 21,181.79 Page 3 Claims List 12/3/2013 Budget Unit Title Vendor Name Payable Description Payment Amount OPWA DEBT SERVICE... THE BANK OF NEW YORK TRUST CO 2124231FAP100002 -LJ10 7,159.15 THE BANK OF NEW YORK TRUST CO 61871 0/ORF01 0002-L/01 B 11,827.11 THE BANK OF NEW YORK TRUST CO 618719/ORF990008 -L/99B 3,582.71 TOTAL OPWA DEBT SERVICE 176,196.01 IRCB TRUST SERVICES OPWA STF DEBT SERVICE FUND GRAND TOTAL OPWA ST SUB -DEBT SERV S TnTAI nPWACTSIIR_nF:RTS GRAND TOTAL GRAND TOTAL SHOPS INVESTORS, L.P. )7 NOTE 137,972. 2008 NOTE 99,599. 237,571. 237,57 DEVELOPMENT AGREEMENT 50,412, 50,412. Page 4 50,412. $536,336. Department OPWA Administration Utility Billing Water Wastewater Wastewater Collection Santa Fe Lift Station Refuse Recycle Center OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 11116/13 Payroll Expenses Total Expenses 8,071.93 4,465.61 12, 001.62 9,513.32 7,461.57 25.00 10,529.61 958.40 11, 512.66 7,640.41 19, 947.28 16,281.83 12, 316.20 27.82 16,474.70 1,846.87 FUND TOTAL 53,027.06 86,047.77 nTity Wit out Limits. TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Linda Jones Finance Director SUBJECT: Ranch Creek Sanitary Sewer Interceptor Improvements Construction Contract - OWRB Loan, Resolution 2013 -07 DATE: November 27, 2013 BACKGROUND: The OPWA Trustees approved the Ranch Creek Sewer Interceptor Improvement project agreement for engineering services on May 15, 2012, On April 16, 2013, the Trustees authorized a loan application with the Oklahoma Water Resources Board (OWRB) for financing the project. The OWRB operates the State Revolving Fund (SRF) loan program and the Financial Assistance Program (FAP). These programs provide low interest financing for eligible water, wastewater and stormwater projects. The OPWA application has been approved by the OWRB for financing of this project. The OWRB staff has completed the final review of project bids and other documentation. A final budget amount of $3,425,000 and an interest rate of 2.28% for the 12 -year loan have been approved by the OWRB. All documents relating to this financing have been prepared by Allan Brooks who serves as bond counsel for the City and the OPWA, and those documents have been reviewed by City Attorney, Julie Lombardi. Financing for this project requires action by both the City Council and the OPWA Trustees. The loan must be approved by the OPWA Trustees and any indebtedness incurred by the OPWA requires City Council approval. PROPOSED ACTION: OPWA Resolution No. 2013 -07 authorizes a loan from the OWRB in the amount of $3,425,000 with an interest rate of 2.28% and approves the issuance of a Series 2013B note to the OWRB. The resolution also affirms the existing security agreements, covenants, lease and sales tax pledge; approves and authorizes payment of fees and expenses; and authorizes the Chairman and Secretary to execute documents and to take further action as required to complete the transaction. City Resolution No. 2013 -22 approves action taken by the OPWA authorizing issuance of the Series 20138 note to the OWRB. The resolution also ratifies and confirms existing agreements between the City and the OPWA and authorizes execution of documents. RECOMMENDATION: Staff recommends Trustee approval of OPWA Resolution No. 2013 -07 authorizing a Clean Water State Revolving Fund (SRF) Loan from the Oklahoma Water Resources Board (OWRB) and approving the issuance of a Promissory Note not to exceed $3,425,000; approving the issuance of a Series 2013 Clean Water SRF Promissory Note to the Oklahoma Water Resources Board in the total aggregate principal amount of $3,425,000, secured by a pledge of revenues and authorizing its execution; approving and authorizing the execution of a loan agreement for a Clean Water SRF Loan; designating a local Trustee and approving and execution of a security agreement; ratifying and confirming a lease whereby the City of Owasso leases to the Owasso Public Works Authority its water, sanitary sewer, and garbage and trash collection systems and the Bailey Ranch Golf Club; ratifying and confirming a subordinate lien sales tax agreement; ratifying and confirming a parity agreement; approving various covenants; approving and authorizing payment of fees and expenses; and containing other provisions relating thereto. c/_ Resolution No. 2013 -07 Letter from Municipal Finance Services, Inc. OWASSO PUBLIC WORKS AUTHORITY RESOLUTION NO. 2013 -07 A RESOLUTION OF THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY ") APPROVING AND AUTHORIZING A CLEAN WATER SRF LOAN FROM THE OKLAHOMA WATER RESOURCES BOARD IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $3,425,000; APPROVING THE ISSUANCE OF A SERIES 2013 CLEAN WATER SRF PROMISSORY NOTE TO OKLAHOMA WATER RESOURCES BOARD IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $3,425,000, SECURED BY A PLEDGE OF REVENUES AND AUTHORIZING ITS EXECUTION; APPROVING AND AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT FOR CLEAN WATER SRF LOAN; DESIGNATING A LOCAL TRUSTEE AND APPROVING AND AUTHORIZING THE EXECUTION OF A TRUST AGREEMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A SECURITY AGREEMENT; RATIFYING AND CONFIRMING A LEASE WHEREBY THE CITY OF OWASSO LEASED TO THE OWASSO PUBLIC WORKS AUTHORITY ITS WATER, SANITARY SEWER, AND GARBAGE AND TRASH COLLECTION SYSTEMS AND THE BAILEY RANCH GOLF CLUB; RATIFYING AND CONFIRMING A SUBORDINATE LIEN SALES TAX AGREEMENT; RATIFYING AND CONFIRMING A PARITY AGREEMENT; APPROVING VARIOUS COVENANTS; APPROVING AND AUTHORIZING PAYMENT OF FEES AND EXPENSES; AND CONTAINING OTHER PROVISIONS RELATING THERETO. WHEREAS, The Owasso Public Works Authority, Tulsa County, Oklahoma (the "Borrower "), was organized under Title 60, Oklahoma Statutes 2011, Sections 176- 180.4, as amended, for the purpose of furthering the public functions of the City of Owasso, Oklahoma (the "City "); and WHEREAS, the Borrower is authorized and has determined to construct improvements to the Borrower's wastewater system (the "Project ") in order to better serve the customers of said Borrower and in payment of part of the cost thereof, to seek money in the form of a Clean Water SRF Loan from the Oklahoma Water Resources Board (the "Board ") in the amount of $3,425,000; and WHEREAS, the Board approved a loan application of the Borrower and the Borrower has determined to borrow money from the Board to accomplish the Project and to evidence such loan by the issuance of the Borrower's Series 2013 Clean Water SRF Promissory Note to Oklahoma Water Resources Board in the original principal amount of $3,425,000.00 (the "2013 Note "), said 2013 Note being secured by a lien on the revenues derived from the water, sanitary sewer, garbage and trash collection systems and the Bailey Ranch Golf Club of the Borrower (collectively, the "System ") and a lien on the year -to -year pledge of certain sales tax revenue derived from the levy of a two percent (2 %) sales tax (the "Sales Tax Revenue "); and WHEREAS, the Borrower heretofore issued and has partially outstanding its (i) Amended Series 1999B Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $380,000.00; (ii) Amended Series 2001 B Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $1,255,000.00; (iii) Amended Series 2001C Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $680,000.00; (iv) Series 2004 Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $2,350,000.00; (v) Utility System and Sales Tax Revenue Note, Series 2006 issued in the original principal amount of $3,865,000.00; (vi) Series 2010 Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $655,000; and (vii) Series 2012 Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $1,005,000.00; and proposes to issue (contemporaneously with the 2013 Note) its (viii) Utility System and Sales Tax Revenue Note, Series 2013 to be issued in the original principal amount of $2,915,000.00 (collectively, the "Prior Senior Lien Debt "); and WHEREAS, the Borrower heretofore issued and has partially outstanding its (i) Series 1999A Clean Water SRF Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $931,609.92; (ii) Series 2001 A Clean Water SRF Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $1,029,535.03; (iii) Series 2002A Clean Water SRF Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $886,417.88; (iv) Utility System and Sales Tax Revenue Note, Subordinate Series 2007 issued in the original principal amount of $10,000,000.00; (v) Series 2009B Clean Water SRF Promissory Note (Wastewater Treatment Plant) to Oklahoma Water Resources Board issued in the original principal amount of $10,795,000.00; (vi) Series 2009C Clean Water SRF Promissory Note (761h Street Interceptor) to Oklahoma Water Resources Board issued in the original principal amount of $4,510,000.00; and (vii) Series 2011 Clean Water SRF Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $3,115,000.00 (collectively, the "Prior Subordinate Lien Debt "); and WHEREAS, said lien on the revenues derived from the System and the Sales Tax Revenue is subordinate in all respects to the lien on said revenues of the System and Sales Tax Revenue securing the Prior Senior Lien Debt, and said lien is on a parity in all respects with the lien on the revenues derived from the System and the Sales Tax Revenue securing the Prior Subordinate Lien Debt; and WHEREAS, it is the desire of the Borrower to authorize the execution and delivery of any and all documents necessary or attendant to the issuance of the 2013 Note. NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY, TULSA COUNTY, OKLAHOMA: Section 1. Issuance of Note. The Borrower is hereby authorized to accept said loan and issue its 2013 Note payable to the Board and secured by a pledge of revenue derived from the operation of the System and a year -to -year pledge of the Sales Tax Revenue. The officers of the Borrower are hereby authorized and directed to execute said 2013 Note and to do any and all lawful things to effect said loan and secure said loan from the Board, provided that the principal amount of the 2013 Note shall be an amount of $3,425,000.00, and the rate of interest on the 2013 Note shall be a fixed rate of interest of two hundred twenty -eight hundredths of one percent (2.28 %) per annum inclusive of administrative fees of one half of one percent (1!2 %). Section 2. Execution of Loan Agreement for Clean Water SRF Loan. The Loan Agreement for Clean Water SRF Loan by and between the Borrower and the Board (the "Loan Agreement ") is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Loan Agreement. Section 3. Designation of Local Trustee and Execution of Trust Agreement. The Borrower hereby designates The Bank of New York Mellon Trust Company, N.A., Tulsa, Oklahoma, to serve as local trustee (the "Local Trustee ") of certain funds in relation to the 2013 Note. The Trust Agreement, by and between the Borrower and the Local Trustee, pertaining to the 2013 Note (the "Trust Agreement ") is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Trust Agreement. Section 4. Execution of Secures Agreement. The Security Agreement by the Borrower in favor of the Board (the "Security Agreement "), whereby the Borrower gives a lien on the revenues of the System and a lien on the Sales Tax Revenue to the Board to secure payment of the 2013 Note is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and do all other lawful things to carry out the terms and conditions of said Security Agreement. Section 5. Covenants of Borrower. Until payment in full of the 2013 Note and performance of all obligations owing to the Board under the Loan Agreement and the instruments executed pursuant hereto, unless the Board shall otherwise consent in writing, the Borrower hereby represents its intent to abide by and carry out the covenants contained in the Security Agreement and the Loan Agreement, which covenants are incorporated herein in their entirety. Section 6. Lease. The Lease dated July 31, 1973, as amended by the Amendment to Lease dated as of July 1, 1996, both by and between the City the Borrower (the "Lease "), whereby the City leased to the Borrower its water, sanitary sewer, and garbage and trash collection systems and the Bailey Ranch Golf Club is hereby ratified and confirmed and the term of said Lease shall extend until the 2013 Note is paid. Section 7. Subordinate Lien Sales Tax Agreement, The Subordinate Lien Sales Tax Agreement, dated September 1, 2007, by and between the Borrower and the City and pertaining to the year -to -year pledge of the Sales Tax Revenue of the City is hereby ratified and confirmed. Section 8. Parity Agreement. The Parity Agreement dated as of September 10, 2007, by and among the Board, the Borrower, and the Local Trustee is hereby ratified and confirmed. Section 9. Fees and Expenses. Upon closing of the referenced loan, the officers of the Borrower are hereby authorized to disburse (from loan proceeds or other available funds of the Borrower) those fees and expenses set forth on Exhibit "A" hereto, together with such other fees and expenses as will be set forth on the Borrower's Closing Order to be executed in connection with the closing of the financing referenced herein. Section 10. Necessary Action. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby further authorized on behalf of the Borrower to accept, receive, execute, attest, seal and deliver the above mentioned documents and all additional documentation, certifications and instruments, including but not limited to the execution of a legal services agreement with The Public Finance Law Group PLLC, as Bond Counsel, and Municipal Finance Services, Inc., as Financial Advisor, and to take such further actions as may be required in connection with the transactions contemplated hereby, and are further authorized to approve and make any changes to the documents approved by this Resolution, for and on behalf of the Borrower, the execution and delivery of such documents being conclusive as to the approval of any terms contained therein. ATTEST: Sherry Bishop, Secretary (SEAL) ADOPTED AND APPROVED THIS 3RD DAY OF DECEMBER, 2013. THE OWASSO PUBLIC WORKS AUTHORITY Doug Bonebrake, Chairman R EXHIBIT "A" Fees and Expenses Paid at Closing The Public Finance Law Group PLLC Legal Fee and Out -of- Pocket Expenses $36,750.00 Municipal Finance Services Financial Advisory Fee and Out -of- Pocket Expenses $31,612.50 The Bank of New York Mellon Trust Company Trustee Bank Acceptance Fee Exhibit A - page I $50C �I TO: Sherry Bishop Linda Jones City of Owasso jj,� FROM: Rick A. Smithlli9 7 President ii'' �� DATE: November 14, 2013 MUNICIPAL FINANCE SERVICES, INC. P.O. BOX 747 EDMOND, OKLAHOMA 73083 -0747 405.340.1727 405.340.3607 (FAX) RE: Repayment Term for Ranch Creek Interceptor Project As you are aware, a loan application to the Oklahoma Water Resources Board (OWRB) was submitted in May 2013 on behalf of The Owasso Public Works Authority to finance the Ranch Creek Interceptor project through the Clean Water SRF Loan Program offered by the OWRB. The application in the amount $3,990,000 was based on estimated construction costs along with other estimated costs associated with the project. In addition, the requested repayment term was 15 years, resulting in an estimated annual debt payment of $320,855, upon project completion. Several different terms were evaluated and it appeared the payment for a 15 -year term was viable from a cash flow standpoint. By the way, the OWRB will be considering Owasso's loan application at its meeting next Tuesday, November 19n' for consideration and approval. We do not expect any issues with the approval. On Tuesday of this week, the City received actual construction bids with the low bid of $2,864,543, considerably lower than the $3,078,015 in the original loan request. In addition, the initial loan application amount included $100,000 for wetlands mitigation and $193,000 for easements. The mitigation costs are no longer needed and the easements are now estimated to cost $120,000. Consequently, the revised loan amount is now placed at $3,425,000, some $565,000 less than the amount requested. As a result of the lower loan amount, we re- evaluated repayment terms of 15 years, 12 Years and 10 Years and the debt payment impact now anticipated. Under the OWRB Loan Program, the interest rate reflects the term of the loan, with a shorter term capturing a lower rate. Based on today's MMD Scale used by the OWRB to set the rate, the rate on a 15 year term would be 2.46 %, a 12 year term — 2.23% and a 10 year term — 2.05 %. As shown on the attached sheet, the annual debt payment based on the lower loan amount for 12 years would be about what the original payment target was a few months ago. Cutting the tern down to 12 years from 15 years saves about $200,000 in interest cost over the life of the loan. Also, as shown on the attached sheet, a 10 -year term would increase annual payments by about $60,000 over the estimated payment of $320,855. By virtue of the outstanding bids received for the project and the resulting lower dollar amount now set to be borrowed, the Authority could reduce the original term from 15 years to 12 years and keep the debt payment at or near the level originally contemplated and save significant interest costs. If a shorter term (I0 years) is desired, we would suggest a full review of the City's cash flow requirements to determine the impact on revenues and other anticipated needs of the City to handle the higher debt payment. Please be aware that the interest rates shown in this memorandum reflect rates as of today's index used by the OWRB to set the rate. The rate will be determined once the OWRB staff has reviewed the bid documentation and contract documents. We expect this process to take about a week and then the rate will be set before the Authority and City Council consider approval of the final loan documents at their respective December 3, 2013 meetings. We appreciate the opportunity to assist the City on this important financing and should you have any questions, please let me know. RAS: abb Attachment The Owasso Public Works Authority Series 2013 CWSRF Pronessory Note to OWRB (Ranch Creek interceptor Project) PmRn*wry Loan Sizing and Payment Analysis 11/142013 Post Bid Component Amount Repayment Tenn (Yrs) Est. int Rate (1) Estimated Construction Cost 2,864,54100 Low Bid Total interest Contingency (5%) 142,994.50 reduced from 10% Engineering, Surveying & EID 175,000.00 Inspection 50,000.00 ODEOPermitting Fees 3,600.00 Utility Easements 120,!100.00 Bond Counsel Fee (1 %) and Expenses 36,750.00 Financial Advisor Fee (.85 %)and Expenses 31,612.50 Trustee Bank Acceptance Fee 500.00 1 OWRB Loan AmoYUm Approved: Total Note Amount 3,425,000.00 $3,990.000 Total Costs of Issuance 6886250 Loan Amount Reduction: $565,000 Costs as %of Note Amount 2,01% Payment Analysis Note Amount Repayment Tenn (Yrs) Est. int Rate (1) Annual Payment Monthly Payment Total interest 3,425,000,40 15 2.46% 3,425,00040 12 223% 3,425,000.00 10 2.05% Note: Assumes first principal payment due 9 /15/14 (1) As of 11/14/13 MMD Scale 274,43151 22,869.29 326,885A7 27,240A6 380,SSL11 31,71259 I Estimated Payment for Loan 691,472.58 ( Application Purposes (May 2013); i $320,855 (15 Years) 497,675.65 380,SiL31 0-� city Wit out Limits. TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Ranch Creek Sanitary Sewer Interceptor Improvements Construction Contract - Bid Award DATE: November 27, 2013 BACKGROUND: The Ranch Creek Sanitary Sewer Interceptor was constructed in 1984. The interceptor is operating at near capacity and provides service to approximately 2,400 acres of existing development located on the west side of HWY 169. In all, 7,500 gross acres are within the Ranch Creek sanitary sewer basin. The 2005 Wastewater Master Plan, prepared by Greely and Hansen, LLC, identified the need for providing adequate conveyance capacity for current and future wastewater flow through the interceptor to the Santa Fe Pump Station in order to accommodate additional residential and commercial development within the Ranch Creek sanitary sewer basin. ACTIONS TAKEN TO DATE: On April 17, 2012, the Owasso Public Works Authority unanimously authorized the Ranch Creek Sewer Interceptor Improvement Project. On May 15, 2012, OPWA Trustees unanimously approved an engineering services agreement with Kellogg Engineering, Incorporated in the amount of $175,000 for the upgrade to the Ranch Creek Interceptor. The scope of work included upgrading the existing 18" sanitary sewer line to a new 30" diameter sewer line, upstream of the Santa Fe Pump Station (located on East 7611, Street North), and extend to East 96 Street North. The engineering estimate prepared by Kellogg Engineering in August 2013 was $3,078,015 for the total base construction bid. On April 16, 2013, OPWA Trustees unanimously approved Resolution No. 2013 -02, which authorized staff to file an application with the Oklahoma Water Resources Board (OWRB) for financial assistance through the OWRB Clean Water State Revolving Fund Program for the purpose of financing the Ranch Creek Interceptor Project. In October 2013, the Oklahoma Department of Environmental Quality approved the engineering design and issued the required permit (Permit No. SL000072130754) for the construction of the project (See Attachment B). SOLICITATION OF BIDS: An advertisement was published in the Owasso Reporter in October 2013 to solicit bids for construction of the Ranch Creek Sanitary Sewer Interceptor. A mandatory pre -bid meeting was held on October 31, 2013, with seventeen general contractors in attendance. Twelve bids were received and opened on November 12, 2013. A summary of the bids results is included as Attachment C. The received bids range in cost from $2.8 to $4.8 million dollars with Rosetta Construction, LLC, as the lowest responsive, responsible bidder with a bid amount of $2,864,543. FUNDING: Funding for this project is available via a loan from the Oklahoma Water Resource Board (OWRB) through the Clean Water State Revolving Fund. RECOMMENDATION: Staff recommends awarding the contract for construction of the Ranch Creek Sanitary Sewer Interceptor Project to Rosetta Construction, LLC, in the amount of $2,864,543 and authorization for the Chairman to execute the construction contract. ATTACHMENTS: A. Location Map B. Oklahoma Department of Environmental Quality Permit to Construct C. Bid Summary D. Construction Contract Documents 1= ".ME■1111 - -�,` ■`o�►`ICLII�,11 Illly' III�Illllllll -_MM I+ 111 ■ii:il��lll�l!� �N IIIII�IIL'llllly '_�IIII► ►III ► ►� ��I, •� � __ �IIIIIIII� -° R -- _M • ��■11 ■■ _III -� r �,,,- ...;,,.,'0 ■ 1 l= �CIlu 0� �o, Fromm, I I', I'm .:....... 11 umr� ■- �uu ___-1 ■.Mim- 111111 111111 . rllll�IM .. •••■ III I�I I 1: �'�7 • I 1■ �� 1 J1 7 ■1 1: 'i:'.iln�`! a r. -. I NJ ■ Ll 0 K t A H 0 M A DEPAUMEN!Ot E NVIROWANIAI OUAWY Executive cutive Oiredor x redof N OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY E October 14, 2013 Mr. Roger Stevens, Acting Public Works Director City of Owasso 301 West 2nd Ave Owasso, Oklahoma 74055 Re: Permit No. SL000072130754 Ranch Creek Interceptor Project, City of Owasso Facility No. S -21310 Dear Mr. Stevens: MARY FALLIN Governor Enclosed is Permit No. SL000072130754 for the construction of 12,327 linear feet of thirty (30) inch PVC, 50 linear feet of eighteen (18) inch PVC, 24 linear feet of fifteen (15) inch PVC sanitary sewer line and all appurtenances to serve the City of Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on October 14, 2013. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made, Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Res p ctfully, Qusay R. Kabariti, P.E. Construction Permit Section Water Quality Division QRK7RC /bg Enclosure c: Rick Austin, Regional Manager, DEQ Brian K Kellogg, P.E., Kellogg Engineering, Inc. 707 NORTH ROBINSON, P.Q. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on We ded Paper W1h soy ink eep0 s� I- rA�& 0 K t A H 0 M A STEVEN A. THOMPSON MAXI eNI or enwuom MIA1 WAUtr MARY FALLIN ExeculiveOiredor OKLAHOMA DEPARTMENT OF ENVIRONMENTALOUALO Govemar PERMIT No. SL000072130754 SEWER LINES FACILITY No. S -21310 PERMIT TO CONSTRUCT October 14, 2013 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 12,327 linear feet of thirty (30) inch PVC, 50 linear feet of eighteen (18) inch PVC, 24 linear feet of fifteen (15) inch PVC sanitary sewer line and all appurtenances to serve the City of Owasso, located in Sections 24 and 25, T -21 -N, R -14 -E; Section 30, T -21 -N, 1R4-E, Tulsa County, Oklahoma, in accordance with the plans approved October 14, 2013. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDES" (OAC 252:606) rules and to comply with the state certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. VARIANCES A variance from 252:656- 5 -4(e), requiring sewers crossing a stream to be at least 3 feet below the stream bed is granted. The sanitary sewer line is a replacement of existing sewer and the grades are predetermined by existing sewers and existing lift station. The creek crossing will be constructed of DIP that will be anchored with twelve piers. PROVISIONS AND CONDITIONS This permit is issued subject to the following provisions and conditions. 1) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 707 NORTH ROBINSON, CO. BOX 1677, OKLAHOMA (ITS, OKLAHOMA 73101 -1677 innom on recycled paper v 11, soy ink 0 Em 0 X t ANO M A. STEVEN A. THOMPSON WAU MINI of MYROA01AI ounun Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY PERMIT TO CONSTRUCT MARY FALLIN Governor PERMIT No. SL000072130754 SEWER LINES FACILITY No. S -21310 4) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:656- 5- 4(c)(3) of the standards for Water Pollution Control Facility Construction. 5) That tests will be conducted as necessary to insure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. 6) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 7) That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 9) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities, 10) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 11) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2 -6 -201 et. seq. For information or a copy of the GENERAL PERMIT (GP -005) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 12) That all manholes shall be constructed in accordance with the standards for Water Pollution Control Facility Construction (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of Environmental Quality. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA (ITY, OKLAHOMA 73101 -1677 priori on =,ycled paper Mlb soy ink 0 RM 0 K l A h 0 M A STEVEN A. THOMPSON WARILIIN101 ENVAQW[NIA109AOIY ExeativeDiredar OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY PERMIT TO CONSTRUCT MARY FALLIN Govetoor PERMIT No. SL000072130754 SEWER LINES FACILITY No. S -21310 13) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Water Pollution Control Facility Construction OAC 252:656- 5- 4(c)(1) and OAC 252:656- 5.4(c)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested using the ASTM air test procedure with no detectable leakage prior to backfilling, in accordance with the standards for Water Pollution Control Facility Construction OAC 252:656 - 5-4(c)(3). Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all condjtions and provisions. Quality Division 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on recycled paper with say Ink 0 November 13, 2013. Mr. Rogers Stevens, Director City of Owasso Public Works P,O. Box 180 Owasso, Oklahoma 74655 KELLOGG ENGINEERING, INC. ENGINEERING a PLANNING • DESIGN 6755 S. 4080 RD. e TALALA, OK 74080 618.275.4080 6 918.275.7171 FAX RE: Recommendation to Award Bid Ranch Creek Sanitary Sewer Interceptor Project GWSRF project NO „ORF•13r 4045 -C.W Dear Mr. Stevens: On November 12, 2013 twelve (12) bids were received for the above referenced project. We have reviewed the bids and have provided a summary of the four lowest bidders below: 1. Rosetta Construction, L.L.C. $ 2,864,543.00 2. S. J. Louis Construction, Inc. $ 3,234,000.00 3. Redford Construction $ 3,271,950,80” 4. Davis Construction $ 3,387,836.00 *Redford Construction's bid contains a $2.00 mathematical error in the bid amount and has been corrected from the original amount $3,271,852.80 We have contacted two Owners and one Engineer from projects that Rosetta Construction recently completed, all of which highly recommended Rosetta Construction. We recommend that the Bid Documents be forward to the City Attorney, City Engineer, and OWRB for review and approval. Pending said reviews and approvals, we recommend that the bid be awarded to Rosetta Construction, L.L.C;, in the amount of $2,864,543.00 If you have any questions, please contact us at (918) 275 -4080. Sincerely, B K.. t Kello 9g ,, I.E. Kellogg Engineering, Inc. Enclosure: Bid Tabs of all bids received Bid Documents - Rosetta Construction, L.L.C. K16 -004 KELLOGG ENGINEERING I ENGINEERING a PLANNING. o ,DESIGN 6785 S. 4660 Rd, o Wale, OK 74080 916.276.4080 a 918.275.7171 fax Ranch Creak Sanitary Sewer Interceptor Project CWSRF P, roject No. ORF -13. 000¢ - CW BiD TABULATIONS Tuesday, November 12, 2013 16 2,864,543.00 I IS 3.23Me0O.00 1 $ 3,271,952) - COMPANY NAME - Itosi9aGOn4eroe6en SJLO*IS Cown,tction Redford Construoiior, No. REM UNITS - .. ._. i Mobiii:e$oNDe MoSlllratlan - 'i LS S 81,770.00 S '87,770.00 $ 131,800.70 S 131,396.70 S t30.000,W $. 130,000,00 2 3 SI*rm Welar Pallul'wn Pimrenlion Constriction SlainnO 1 -i 'LB 'LS S 6,00.00 6 28,Cdo= $ 0000,00 $ 25(0100 S 11000.00 S 20000.00 6 11,666,00 S 20,000.00 S 5.000.00 $ 15,000.00 $ 5,000.00 S 16000.00 4 Trench Safety System i LS S - .6,000.00 S be00A0 $ 4,SOD.tiJ 6 `4600.00 $ 6.000.00 S Melee 6 T1at0oContra8 Warning Signs - - '1 LS S !MOM S 7,600.00 6 - $B00D0 $ fi,80000 $ 0,00000 S 8,06000 0 Insurance an'bU '1 IS S 60000.00 5 60,000,00 $ 60000.00 $ '60000.00 S '10.06000 $ '10000.00 7 nd Clean and Onr68:n0 - i ' -IS S 120,000.80 S 12000000 S, 1i0oo(loe S IlooloW S 73.000.00 S 75.000.00 e Sol FORM - - 16,746 'LF S -2.00 $ 33402.00 E -. '.360 $ .60611.00 S '`3.50" S 58.611.00 9 Sllloant 120. f-LF -' $ 7.00 $ 84000 6 1600 $ - .1.000.00 $ 1500 E 1.800.00 10 fnsisiialion o(36 ^PVC PS1153awer lirw 88 'LF S - 191:00 S 13179.00 S 300.00 S 13.800.0) $ 30000 S - "20.70000 11 Inslollslion of 3B' PVC Ps -i i5 Sewer Lim - 11.050 LF S 143,0 S 1560150;00 S 147.001$ 1.624.M.00 $ 164.00 5 1,045,350.00 42 InstailNlOR *130' PVC, Coos OR -06 Sewer Line 1057 'W $ 16t.W 6 19L317,00 $ "165.00 S 174;405,00 S '19700 1 $ 200,22500 13 Insla6stim of 90' DJ BeOand Sp 01 M250 Sewer Lino -- 240 'LF 8 223,0 S 3362000 S - ,230,00 16 65206,D) $ 225.00 1 S 54000.00 14 Inioniatlm of IV PVC P5416 SnW Lim 'S1 -LF S XWoo $ 435&80 S W060 1 $ 4600.00 $ 110.110 E - 8,610.00 15 Itutalietinn of i6" PVC SOR 26 Sewe(LIM - '24 ^LF S 76.001$ 1,82400 § - 10000 8 ' 1,926.00 S YM.00. 8 2,400.00 16 krsta' Bon onSOSIMICashnn, 285 LF S 1000,00 8 285,0WOO $ 860.60 $ 188,100.00 S -000.00 $ 236,$00.00 17 installation of 64" Steel Casi 9.625 Wall Thlorruse 285 -LF S '260.00 $ - ' 71250.00 3' '460.00 S 136,800.00 S 30000 3 ?.- 65,600,0 18 linsiallillon of Standard 5' Cie. Crop Mennole - i PA 6 '4.10000 1 S 4.100.00 S 5.000.00 S 6,00000 3 5.000.00 S 3.000.00 19 Inalo0alion of Standard& DID. Mennoie -. - 1 381 EA S Z600.00 , $ 106400.00 S 4.700.001$ 178.506.00 S 4:00.00 S Vi OD 20 - 81stootiond Standard 6 Of$, Manhole - 1 'EA 6 3,800.00 S 3800.00 6 3,700.00. S ` 3,700.00 S 0,000,001 $ 8.000.00 -21 Insia0a0on of Slandsid IT Die. Dr" Manhole - '.1 EA S 9600.06 $ .860000 S 4.500,09 S 450100 S .17000.00 16 15600.00 22 Installation of5' Dex Mantwlo Eara Capin Well 1 3581 VF 5 `,17000 S 60,86000 S 570.W S '6608000 S 170,001 60,600.00 23 erslallelion of 6'Ufa. Manhole Exhs Deplt Wall - 1 '121 VF 5 '240.00 S - 4800.00 S 895.00 1 S 4,740.00 S '30000 I S 3.600,60 24 Inst"Ion of e' MO. 'Wntwle EWs Depth Wall 1 101 VF $ -475.00 $ 4,750,00 $ '837.00 S 8,370.00 S 50000 S '6.000.00 26' InS1a6aUon of existino Maniwie Floe, Modificaeona -1 LS' 6 1.0(am s 1,600,00 .3 fi000.00 $ - '6.000.00 6 2,00.00 5 2,000.00 26 CongOcUon is &M Mentwle' : - i EA S " 1,606.00 S :1 fi00,W S -; 1oow" $ 1000000 S 1.SW00 S 1,500.00 27- [Con naoibnto F.W' - W' Stub fh4 :1 EA' S .2000.00 S 2.0D0.W S - t5.000.60- $ 55000.00 S 2,000.00 IS 2,00.00 20 lnstallellon of 3T Ooc01e Iron Mechonwrd Joint C -'1 EA 6 1,000.00 S 1,000.00 S -' 3700.00 S 8,700,0 U. Bid No Sid 29 InstallationW lB'GatoVaive AssamW 1 FA -- S 13,b00.W. $ i3.5W.G0 S 40.090.00 S 2b.000.00 S 30.000.00 S 30,000.110 30 Cut ECe Exisil -IV Sewer Llne '1 fA '- S' 250.00 $. .2SoW $ 200000 S - 2,00000 6 /,000,00 S 1,600.00 31 Plu B Aome.E.I.Ii" M..hotss -- 12 FA $ 1000 .00 6 i2.00.W S 1.300.00 S 'iS.SW.00 4 BW.00 S' 6,6W.W 32 P4 SRaawva Exstl IV Aorlei Cressin 1 -EA S 1,000.00 S "1.00.00 6 .8006.00 S 8,000.03 S '2,000.00 S 2,000.00 33' Installation of Canr+ote Pwra for 30'SlaeiD¢e! 12 EA b 5600.00 $ 16.000 .00 8 6,000.00 S 60,OW.W S 5,000.00 $ 60,000.00 34 instellal'ion of 7000ffi Saddle Bogs Raskovas 6 EA 8- 500.00 6 3000.00 S 5500.00 S 83,00000 $ 700.00 S 4.200.00 35 Rstakdne Wall Removal &Oudi -1 LS S -300000 S 3.000.00 S 'e0W,00 $ 8000.00 S 1000.00 S 1.000.) 36InsWilaibnolAads4 Road Gaotezale - 615 SY fr. - 2.00 $ 1,030.00 S `2.60 $ 1.267,60 S 2.00 S- 1030.00 37 kutaastlon o /AUess Read T 'A' o ale Base 190 TON S 20.00 $ 2.600.00 3 16.00 $ 1950.00. $ So'0 $ 0.600.00 38 Tarn Removal B RacOnst. CJ-PQ. . S Skantl barb WOO Fenoa 118 LF $ 8.60 $ 1,424.00 8 600 S "f 1,424.00 10.00 S �t,700.80 39 am Removal B Reconsl o/ Potm. Caner Post Asaom� - 1 FA S . 260.00 S. 250.06 S MOO S 226.00 $ 800.00 $ 600,00 40 Tef Romovei 6 RamnsWioon of Oros. Fenain - -4 SEA $ 200,00 $ S00.W S 260.00 $ .- 1.000.0 S 30,00 $ - 1,200.00 41 Inaleas0anof Gato Aces 6 'EA $ 1,000.0. $ - 800000 S 3,000.00 $ 10,O00.W S 60.00 $ 3,OW.W 47 Installation of Comete&Ilhoe Exton41on -LS 6 7,600.00 S 7.600.60 S 83.760.0 S $3,750.00 $ 12.000.00 S (2.060.00 43 Installation of T hA 187 RI Rap TON" S 30.00 $ 11496.00 S 40,00 S 45.3200D S 40.00 S 15.320.00 44 Inslollatlon of Porm6nent Erosion Cmtlrol GeoiWSO -.SY S - 2,00 S 812.00 S &Do S 1,218.00 $ 0.60 $ 2030.00 45 Insla.9ailon of sending 'SY S 025 S 37,419.00 S '0.30 S 44902,60 S 030 S 44902.0 46 tnsiaaalionof Sod F149.676 -SY 6 6.00 $ 0650.00 S 5.00 S 6650,00 S -600 $ 8.780.00 47 -. FlneIAS -Ruin Dra s EA S - .600.69 S MOO $ 3,500.00 S 3500.00 $ 4.070.00 S 4000.00 48 Msla6a6an of Cafwrale Dcie" Emrance EA - 6 1.000.00 6 2000.00 S2'Woo $ 4,000.00 S 2,600.00 $ 6.000.00 4D mslaila110n W 12SmooN Slael Culert Pt Lf - S 20.00 S 000.00 6 21.00 $ - 080.00 $ 3500 S 1.050.00 60 Islollatlon of ro ore SWO End Sadion EA S 100.00 $ 20000 $ 300.00 $ 600,0 8 400.00 S 60.03 fit Emberek"'On - 700 CY S 3,D S 3660.00 $ 6.00 S 4200.00 6 500 S 3500.00 16 2,864,543.00 I IS 3.23Me0O.00 1 $ 3,271,952) Bid Tabs Cont IS 3,387,936.0 Cooedbn IS 3,460,277.10 1 1 $ 3,556,89276 COMPANYNAME Davis Construction Menyman Excavation United Utilities Specialist No. ITEM UNITS I Mabliixal.'oNDaMObBizatlon 1 LS $ 50,000.00 $ 50,000.00 $ 224,05100 It 224.050.00 S 80,000.00 $ 801=00 2 SWnn Water Pollution Prevention 1 LS $ 25,P O.M $ 25,000.W S 2,220.00 $ 2,220.00 $ 3,x.00 $ 3, tt w 3 Construhion StAdn0 1 LS $ 35,900.00 $ 35,000.00 $ 20.690.00 $ 20AS0.0 S 26,WO.W $ 25,000.00 4 Trend, Safely System t LS $ 75,0.10.00 $ 75,WO.W $ 5,555.00 $ 5,555.00 $ 30,000.00 S 30,000.00 5 Traffic COn"I &Warn! Signs i LS $ 15,OOO.W $ 15,000.00 $ 10,330.00 $ 10,830.00 $ 9,000.00 $ 9,000.00 6 inswance &Pe.'mt. 1 LS $ 35,000.00 $ 35000-00 $ 2,780.00 $ 2,78100 S B,W&W $ S,OW.W 7 Clearing and Grabbing 1 LS $ 50,000.00 $ 50,000.00 $ 112,760.W $ 112750.W S 70,000.00 $ 70.000.00 8 Slit Pence -16,746 LF $ 3.00 S 50,236.00 $ 3.901$ 65,309.40 S 0.76 S 12,5$9.60 9 Silt Dice 1201 Is $ 20.00 $ 2,4W.00 S 8.90 $ 1,068.00 S 13.00 $ 1,560.0 10 Inslailalion ot36 "PVC PS- 115 Sewer Lino LF $ 22500 $ -15,525.00 $ 777.00 $ 12,213.00 $ 230.00 $ 16,670.00 11 Ime.luliwl of3W PVC PS -115 Sower Lear LF $ 180.03 $ 1,989,000.03 $ 154.W $ 1,701,700.00 $ 19 &25 $ 2,190,662.50 12 Installation of 3a' PVC,CW6 GRAS Sewer Line LF $ iW.W $ 1%q .00 $ 229.00 $ 242,053,00 $ 225.W $ 237,825.00 13 Ins1a11atien of 30" OA Sell and $p1g t PC-250 Sewer Line r240 LE $ 225.00 $ 54,000.00 $ 206.00 $ 49,44000 $ 250.00 $ 60,OW.W 14 Installation of 18" PVC PS415 Stever tine LF § 100.00 3 6,100.0 $ W,W $ 3,519.00 $ 110.W $ 5,610.W 15 Installation of 15" PVC SUR 26 Stever Liza LF S 50.W $ 1,2(10.00 $ 72.00 S 1,72000 $ 100.00 $ 2,400.00 16 instatl Bore for 54 "Steel Cas'.Ig LF $ WD.00 $ 142,5m.W $ 171.00 S 48,735.00 $ 850.00 $ 242,250.00 17 hWallation of 54" Steal Geein 0.625 Wail MIcklross LP $ 150.00 $ 42,7%00 $ /,410.00 S 401,850.00 8 2W.W $ 570W.W 16 Installation of Standard 5'Old, Omp Manhole, 1 EA $ 4,000.00 $ 4,000.00 $ 11,950.00 $ 6,950.00 $ 6pW.W $ S,OW.W 19 InstalVation of Standard S DI., Manhole 381 EA $ 3,500.00 $ 133,OW,W $ 5,335.00 S 202,730.00 $ 3,700.00 1 $ 140,6W.00 20 InstallaWn of Standard G Dia. Manhole 1 EA $ SX0.00 $ 5,0W.W S 7,280,W It 7.280.00 $ 4,OW.00 $ 4.00040 21 Inslal!atbn of Standard 6 Dia. Deep Manhole t EA $ 6,W..W $ 81000.00 $ 16,300.00 $ 18 ?300.00 $ mco.W $ S=.W 22 1 metiWafion of 5' Ole. Manhole Extra Depth Wag 358 VF It 250.00 $ 88,5W.W $ 198.00 s 70,884.00 $ 275.00 $ 88,4:0.0 23 instalatwn o! 001a. Manhole Extra Depth Well 12 VF $ 4W.W $ 4,8W.00 $ 281.00 $ 3,$72.00 $ 350.00 $ 4,200.00 24 Instailationof &'Dia. Mannold Extra Depth Wall 10 VF $ 6W.W S 6,0W.00 S 620.00 S 5,2W.W $ 600.00 $ 6=w 25 Installation of E%iet'n9 Monhote Fbw Modifications 7 LS $ 5,00000 1 S S.WO.W $ 10,450.00 S 10,450.0 S 7,000.00 $ 7,000.00 26 Cemmrlon to E.I.Iong Manhole 1 EA $ 5000.00 $ 6,00&W $ 2,600.00 1 $ 2600.00 $ 2,WO.W S 2009.00 27 Connecfmn to Nefing WStub Out 1 EA $ 5,000.00 $ 5,0W.W $ 4,790.00 $ 4,790.W $ SWOTD It 6,6W.00 28 Installadon of W' DUC111e iron Mechemml Joint Cap 11 EA $ 5.000.001$ 5000.0 $ 1,52500 S 1,525.00 $ 1,600.00 I S 1,500.00 29 Installation of 16 Gale Verve Aesembly 11 EA $ 20,000.00 1 $ 20,000.00 $ 23,130.00 $ 23,1W.W $ 15,=W $ 15.00O.W 30 Cut&Ca Exislingl5 "Sewer Lire 11 EA $ 5,0W.00 $ 5,OCD,00 $ 1,925.00 $ 1,925.00 $ 2,000.00 $ 2,000.W 31 Iftill & Abandon aWmg Manholes 12 EA $ 3,500.00 $ 42,WO.W S 1,0W.00 $ 12,000.00 S I'M= $ 12,000.00 32 Pkg& Remove Existi 18 "Aerial Crossing 1 EA $ 5.000.0 3 S,OW.W $ 3,795.00 3 3,795.W $ 3,WD.00 S S,aW.00 33 hometlon of Coneom Pirts for 30" Steel Cosing 12 EA $ SWO.W S 60,000.00 $ 2,375.00 S 28,EW.00 $ 4,000.W $ 48,000.00 34 Imimialion of70Wle Saddle Top Restraints 6 EA $ S,OW.W $ 30,00000 $ 685.W $ 4,110.W $ MW IS 3,OW.W 35 RelaWng Wall Removal& Grading 1 LS S S,WO.W It 5,000.00 S 7,76500 1 $ 7,755.0 $ 7,000.00 $ 7,000.00 36 InstaNaibn of Access Read Geatextile 515 SY $ 6.00 $ 2,676.00 S 4,201$ 2,163.00 $ 10.00 S 5,15OW 37 Installation of AOCOas Road Type A'A99rogate Base 130 TON $ 2&W S 3,250.00 $ 31.00 $ 4,030.00 $ 25.00 S 3,250.00 38 Tamp Removal & Reconst. of Perre.5 Strand Barb Woe Fence 178 W $ 10.001 s 1,780.00 $ 10.50 $ t,669.m It 10.00 S 1,780.00 39 Tamp Removal & Recant. of Perm. Corner Pool Assembly 1 EA S 2,500.03 S 2,600.00 S 667.00 $ 667.00 $ 7,000.0 $ 1,000.00 40 Tamp Removal& Reconstruction of Cross Fendng 4 EA $ -1,000 -W $ 4,000.W $ 22200 S 600.0 £ 4,000.00 $ 16,000.00 41 Installation of Gate Assembly S EA It 1,500.00 $ 7,600.W $ 469.W S 2,445.00 $ 1,000,00 $ 6,000.W 42 Installation of Concrete Spillway Extension 1 LS S 1O,WO.W $ 10,000.00 S 21,940.00 $ 21,940.00 $ 6,W3.W S 8000.00 43 Ornapalion I Tans FA 1W Rip Rep 383 TON $ 30.00 $ 11,491.00 $ 49.60 $ 18,956.50 $ 50.00 $ 19,150.00 44 Rvangalian of Permanent Erosion Central Geolaxlib 4W SY S &W $ 2,OW.W $ 6.40 $ 2,598.40 $ 10.00 $ 4,060.00 45 InsiaNetbn ai $oetlir,l 149,870 SY $ 0.60 $ 74,03 8,00 $ 0.30 1 $ 44902.80 $ 0.26 $ 38,91676 46 Instatlati000f^uod 1,130 SY $ 10.00 $ 77,300.00 $ 5.00 $ 6,328.00 S S.W $ 5.6%00 41 Final AS- BuRt Drawin a t EA S 15,OWW 1 $ 15,000 -W It 2,220.00 $ 2.220.00 $ 3,000.00 S 9,000.00 48 lnslaAatbn of Caneasle, Driveway Entrance 2 EA $ 5,0W.00 $ 10,000.00 $ 3,896.00 $ 7,7%UO 7-1,200.00 49 Inslelialion of 12' Sneemb Steel Culvert Pipe 30 LF $ 30.00 $ 000.00 1 $ S& W $ 1,095.00 $ 46001 $ 1,3W.00, 50 inslal!aibtt of Generale Sloped End Section 5 2 EA $ 2,600.00 $ 5,000.00 $ 773.00 S 1,546.00 $ i,iWW S 2,2W.W 61 Embanb 700 CY $ 75.00 $ 10,50.00 S 1000 $ 7,350.00 S 10.00 $ 7,0DO00 IS 3,387,936.0 Cooedbn IS 3,460,277.10 1 1 $ 3,556,89276 Bid Tabs Cont $ 3,679,906.00 1 $ 3,719,009.00 1 1 S 3,924,190.35 COMPANY NAME mn Contracting Sherwood Construc8an S& J Construc110n No. ITEM UNITS i M�f!katioNDa- AAObOlzation t LS 00 $ 72,330.0 00 $ 100,000.00 $ 55,Cd0.00 $ 55,000,00 2 Stan Water Po &anon Prevention 1 LS 00 $ 11,150.00 09 $ 2,500.00 $ 4,500.00 $ 4,600.00 3 ConsUUction Staking 1 LS 00 N22.837,00 $ 22,837.00 00 $ 17,WO.W $ 16,000.00 $ 15,000.004 Trench SafetyS slam t LS W $ 68,4i&W 00 rS4,WZ0.00 $ 15,000.00 $ 245,000.00 $ 245,000.= 5 TralFlc Control &Warning Signs 1 LS .0 $ 14,W3,W 00 $ 11000.= $ 7,00.00 $ 7,000.00 6 Insurance & Pe mlls i LS .00 $ 38,265.00 00 $ 4,OW.00 S 25,0 .W $ 25000.7 Clawing and GnMbin 1 LS .= $ 34,170.00 .00 $ 68,0 CM 1 35,000.00 $ 35,000.00 8 18ilt Fence 16,744 IF $ 3.601$ 0,28540 $ "D $ 66,984.W 5 1,00 $ 16,740.00 9 SI4 Dike i2d LF $ 16.76 $ 1,890.00 S 16.00 $ 1,920.0 $ 15.00 $ 1.800 W 10 Installation of 36" PVC PS- 115 Sewer Line 6 LF $ 196.00 $ 13,524,0 $ 320.00 S 22,080.00 $ 219.76 $ 15.162.76 11 Installation of 3O'PVC PS -115 Sewer Lim 11,0501 LF S 185.00 $ 2,044,2%W $ 19000 $2,099,SW.00 $ 193.01 $ 2,132,760.50 12 Mstalfa!mOf30'PVC,C905 DR -18 Sewer Lino 1,057 LF $ 19&110 $ 209,206.W $ 230W $ 243,110.00 $ 227.43 $ 240,393.51 13 Inslallallonof 3O'D.I Bell anal Spigot PC- 2505eenn Line 240 LF $ 247.00 S 59,280.00 $ Nwoo $ 81,600.00 $ 281.63 $ 67,591.20 14 Inslo9ali0nof IV PVC P$,i 15Sewor Litre 51 LF $ 92.60 $ 4,717.50 S 220.W $ 11,220.00 $ 135.51 $ 6,911.01 15 insta5allonof 16 "PVC SUR26 Sew"Um 24 LF $ 111.00 $ 2,664.00 $ 16000 $ 3,840.W $ 129.25 $ 3,102.00 16 Inst.9ing Uowfor54 "Steel Casl= 205 LF $ 1,$00.= $ 314.35&.W S 1,100.00 $ 313,600.00 $ 1,189.02 $ 338,870.70 17 Inslelalon of 64'* Steel CmlnII 0.625 Wall nrckness 2116 LF 1 $ 336.W $ 95,76000 S 28000 $ 79,800.00 $ 410.98 S 117,129.30 18 IOswiallorl of Standard G Die. Drop Manhole 1 EA $ 6,055.00 S 6,055.00 $ 10,00000 $ 10000.00 $ 8,540,65 $ 8,640,65 79 InstallMionof fit." 'S'Die. M.rftb, 38 EA $ 4,165.00 $ 158,270.00 S 5,900.00 $ 224,2W.00 S 3,811.96 $ 144,8,54.48 7.0 Instaealbnof Standard 6 DA Manhole 1 I EA $ 5,596.00 $ 5,598.00 $ 7,000.= $ 7,000.00 $ 4,916.22 $ 4,97622 21 Insia!lotion of Standard 8' Dia. Drop Manhole 1 EA $ 12,2W.W $ 12,280,0 $ 17,OD0.W $ 17000.00 $ 9,200.20 $ 9,206.20 22 installation of 6 Din. Manhole EMra Depth Won 358 VF $ 227.00 $ 81,2W.W $ 23000 $ 82,340.00 $ 277.83 $ 99,463.14 23 Installation of 6 Din. hlanYwW Extra Depth Weil 12 VF $ 317,00 S 3,80400 1 $ 3w W $ 3,800.00 $ 352,67 $ 4,232.04 24 lnstalla8on.f60ia. Manhole Extra Dopih`Natl 10 VF $ 659.0) $ 6,59om $ 550.00 1 $ 5,500.00 $ 667.67 $ 6,67670 25 Installolbn of Existing Manhole Fimv Modifications 1 LS $ 17,025.00 $ 17,025.00 It 7.000.001 S 7,W9.W S 4,395.W $ 4,395.W 26 Connecton to Exisfing Manhole 1 [A $ 3,102,00 £ 3,102.W $ 5.900,00 1 $ 5,0100 $ 6,700.00 $ 6,7W.W 27 Connection to Edsl$ig W- St Mt 1 EA $ 3,550.00 $ 3,650.00 $ 8,500.00 $ B,SOO,W $ 5,186.00 $ 5,185.00 28 Instalia8ono130 " Ductile fron Mechanical tcnra Cap i EA $ 1,650.00 $ 1,650.= $ 1,600.00 It 1,BW.W $ 1,983.0 $ 1,083.W 29 installation of l8' Gate VaNa Ass.mbl i EA $ 14,300.00 $ 14,30.0 $ 17,00.= $ 17,00000 $ 10,076.50 $ 10,076.50 30 Cut B Cap Existing 15 "Sewer Line 1 EA $ 636.00 $ 636.00 $ 800,001$ 600.0D $ 2145.00 $ 2,145,00 31 Plug& Abandon Existing Manholes 12 EA $ 2,52540 $ W,30l $ 1,6O.W $ 19,2m.W $ 1,6W.W $ 18,=0.= 32 jlolu q &Remove Emstinra 18"AGml Crossing 1 EA $ 8,230.00 $ 6,230.00 II 10,000.00 S 10,WO.W $ 2500.00 $ 2,600.00 33 Installation of Control. Piers for3O' Steel CaslnQ 12 EA $ 4,269.00 $ 51,228.00 $ 2,BW.W $ 33,600.00 $ 3,500.00 S 42,0 =.W 34 Insleila110n of 700Mb Sandia Sam Rastralrd. 6 EA $ 1,305= $ 7,830.W $ 1,000.00 $ 6,Cm.W $ 3,600.00 $ 21,000.= 35 Ranaining Wall Remover& Grading i LS S 10,101.00 S 10,101.= $ 9,000.00 $ 9,00000 $ 17,000.00 $ 17,0=.00 35 Installation o1 Access Road Geolexllla 515 BY $ 1.00 $ 927.00 $ 3.00 $ 1,645.00 $ 3.00 $ 1,545.00 37 Inetailalion of Accoss Road TyPOWAggrega'e Base i A TON $ 33.33 $ 4,332.00 $ 19.00 $ 2,470.00 $ 20.00 $ 2,600.00 38 Treep RamINl&Rmo.n Of Pare. S Strand Barb Wire Ferree 1781 LF $ 8.25 $ 1,460,501$ 11.00 $ 11958.00 $ 8.00 $ 1.424.00 3D Two Removal& Reconsl. of Perm. Comer post Assembly 1 I EA $ 853.W $ $53.00 $ 7W.00 S 7W.00 $ 55090 $ 650,00 40 Tamp Remavai & RamnsBUIXim of Clow FOneetg 4 EA $ 190.00 $ 760.00 $ 230.00 S 929.= $ 5O= $ 2,000.00 41 1 Installation of Gate Assembly 5 EA $ 2675W S 13,375.00 $ 55010 $ 2,750.00 S 600.00 $ 2,500.E 42 1 Inshtle on 0CanaoleS Hlwny Extension t LS $ 36,050.= $ 36,050.W $ 12,00.00 $ 12.000.00 $ 2,300.00 $ 2,300.00 43 Inslabatlonof Typal -A18 "Rip Re 383 TON $ 00,50 $ 23,171,50 $ 34.00 S 13,022.= $ 44.95 $ 17,215.85 44 instn®ailon m Permanent Erosion Cooled Gocledle 405 BY $ 8.20 $ 3,32920 $ 3,00 $ 1,21600 $ 4.W $ 1,624,00 45 imtaftion of Seeding 149.676 BY $ 0.35 $ 52,306= S 0.30 $ 44,902.60 $ 0.85 $ 127,224.60 46 Installation of Sod 1,130 BY $ 8.101$ 9,153,00 $ 600 $ 6,7W.CO It 3.00 $ 3,955,W 47 Final AS.Snelt DravAn s 1 EA $ 10,600.00 $ 10,600.00 $ 2000.00 $ 2,O01W $ 3,500.00 $ 3,50= 48 Installation Of Conhile Driveway Entrance 2 EA $ 6,340.= $ 12,680.0 $ 3,400.= $ 8,8WW $ 2,000.W $ 4,000.00 49 Installation of l2" Smooth Stoai Culven Pipe 3 LF $ 93.W $ 2,7W.W $ 120.00 S 3,600.00 $ 45.00 1 $ Ixaoo = Installation of Concreta Sloped End Section 21 EA $ 2,025.00 $ 4,050.W $ 1,400.00 1 S 2,600= $ 1,250.= S 2,5 =.00 51 Embankment 700 CY $ 38.50 $ 26,950.00 $ 10.= $ 7,000.00 $ 20.W $ 14,0.0,00 $ 3,679,906.00 1 $ 3,719,009.00 1 1 S 3,924,190.35 Bid Tabs Cont UrreNbn is 4,10,643.53 $ 4,275,535.40 $ 4,668,911,05 COMPANY NAME Talotalc Construction MEGVire Brothers Crossland Heann, Coast, No. ITEM UNITS I Mob0lzation0a44olorsoo!on 1 LS 00 $ 66,128.00 $ &TWm00 $ 50,000,00 $ 40,000.00 $ 40,000.00 2 Stcam Water Pollution Praotlon t LS 6 $ 1,690.00 $ 15,00.00 S 15,000,00 $ 5,00,0 $ 5,000.00 3 C0nalmallen Simons 1 LS 3 S 24,852,0 $ 14,0(10W $ 14,00.0 $ 3400000 S 3.0,000.0 4 Tlenrdt Safei Smorn i LS N24.852.00 s 95,097.0 $ 2,60,0 $ 2,60.00 $ 17,000.0 $ 17,00.0 5 TmtOC Control &WMI,S ns 1 LS S 4,784,00 $ 10,50.0 S 10,500.00 $ 4,50.0 $ 4,500 6 Insurance& Permils t LS 0 $ 6.213.00 $ 50,00.0 $ 50,00.0 S 55,00.0 $ 55,00.0 Clearlwand Grubbing 4 LS 0 $ 102,412.0 $ 10,00.0 $ 100,00.0 $ 10,00.0 $ iW,00.W 8 Sit[ Fence 16,746 LF $ 2.121$ 35,601.52 If 4.0 $ 66.984.0 $ 2,60 S 41.665.0 9 SO OBm 120 LF $ 33.67 $ 4,040,40 $ 14.0 $ 1,6800 $ 8.0 $ 960.0 10 Inselanfon of 36" PVC PS -116 Sewer Line 60 LF $ 241.51 $ 16,664.19 $ 278.0 $ 79,182.0 S 295.0 $ 26355,0 11 Installation of W PVC PS -115 Soaar Line 11,050 LF $ 183.67 $ 2,028,65$0 $ 230.00 $2,541,500.0 $ 280.0 $ 3,094,00.0 12 Install3tionof3O 'PVC,C905DR-18 SewerUno 1,057 LF $ 234,11 $ 247,454.27 $ 270.0 $ 285,390.0 $ 390.0 $ 412,230.0 13 Installation of 30" DA Beg and Sypot PC -20 Sewer Line 240 LF $ 209.30 $ 69,4320 $ 3260 $ 76,000.0 $ 30.0 s 72.00.0 14 installation of l W PVC P &i 16$"or Line 61 LF $ 124.84 S 6,356.84 $ 141.0 S 7.191.0 $ 10.6.0 $ 9,435.0 15 installation all 5" PVC SDR 26 Sawor Line 24 LF S 115.29 $ 276995 $ 1360 $ 3,240.0 $ 160.0 $ 3,840.00 16 Imitation Bare for 54" Steel Casing 285 LF $ 827.64 $ 235,877.40 $ 2600 $ 71,260.0 $ 1,10.0 1 $ 313150,0 17 Installation of.W Slael Cealrog 6825 Wa11Thkkness 285 LF $ 614.191$ 176044,15 S 1,2560 S 356,250.0 $ 3260 $ 91,2 or, 18 Installation of Standard V Din, Drop Manhole i EA S 11,923.0 s 11,923.00 $ 3,WD0 $ 3,9000 0 $ 9,50.0 19 Instalation of Standard 5' Die. Manhole 38 EA $ 11,377.58 $ 432,348,01 $ 3,50.W $ 133,00.0 0 $ 258,40,0 20 installation nl Standard 6 Din MarJleis 1 EA $ 4,36400 $ 4,384.00 $ 3,800.0 S 3,9W.W 0 $ 9,00.00 21 installation of Standard V elm Dm Manhole 1 EA S 16,992.0 $ %M.W S 7,60,0 $ 7,80.0 0 $ 15,00.00 22 Installation of 6 Die. Manhole Extra Depth Wall 358 VF $ 416.73 $ 149,189.34 $ 280.00 $ 100,240.0 W F$125�W $ 44,750,0 23 Inslalialion of G Dia, Mearade Ezra Depth Wall 12 VF $ 493.25 $ 5,819.0 $ 330.0 S 390.0 .0 $ 2,040.0 24 Installation of 6' Die, Manhato Farm Da th Wall 10 VF $ 778W $ 7,760.00 % 620.W S 63W.0 .0 $ 3,800.0 25 Installation of Existing Manhole Flow Modllessons 1 LS $ 10,03300 $ 10,09.0 $ 1,800.0 $ 1,80,00 .00 $ 50.00 26 Conneatson to E%isti Manhole 1 EA $ 6,460.W S 645000 $ 2,000.0 $ 200.00 .0 S 260,00 27 Corrac9on to Exls9ng 36" Stub Out 7 EA $ 10,429,W $ 10,429.00 S 1,90.0 $ 1,80000 $ 60.0 $ SW.W 28 insle$atbn of 30" Duclile Iran Machankal Jona Cap 1 EA $ 16429.00 $ 76429.0 S 1,20.W $ 1,200.00 $ 1,8W.0 $ 1,80.00 29 Installation M l6 Gate Valve Asoarninly 7 EA $ 32,359.00 $ 32,359,W $ 16,50,0 $ 16,500.0 S 18,WTW $ 16,500.00 30 Cut & Cap Existing 15" Sewer Lime i EA $ 8,439.0 $ 8,439.00 $ 3500 $ 350.0 $ 1,80.0 S 1,80.00 31 Van & Abandon Estonian Manholes 12 EA $ 4,248.08 $ 0,976.96 $ 3,500.0 $ 42,00.00 $ 2.20.00 $ ffi 400.0 32 jftf; &Remo,. E.I.Ione 1W Anent Crossho $ 23,07.0 S 23,907.00 S 6,50.0 $ 6,600.0 $ 3,60.W $ 3,50,0 33 Ilrenallation of COnaele Piers far 30"SMI Casing 12 EA $ 1,49117 $ 17,894.04 $ 8,500.0 $ 702,000.0 $ 2,1W.0 $ 25,200.00 34 Installatron of 70Wib Saddle 0a sReslrer4s 6 EA $ 446.67 $ 2,674.02 $ 50.W $ 3,00.0 $ SW.m $ 3, 00 35 Retaining Wall Removal & Drooling 1 I LS $ 11,639.0 $ 11,839.0) $ 5,50.0 $ 5,600.0 $ 5,1W.0 s 610.00 se Iasi! 2aof Accass Road Geotradoer 515 SY $ 33,65 $ 17,43276 $ 3.W $ 1,545.00 $ 1.35 S 695.25 37 inslalla9on of Access Road Typo 'A' AWargate Base 130 TON S 77.29 $ 76047.70 S 18,0 $ 234D.W S 20.0 $ 2,00.00 38 TOMP Removal B ReconsL of Perm. S Strand Barb Wee Pence 178 LF S 24.85 $ 4,423,30 $ 16,00 $ 2,8480 $ 11.00 S 1,058.00 39 Temp Removal& Reconst. of Perm. Caner Porn ASSembl t EA $ 43500 $ 435,00 $ SW.W $ 50.00 $ 70.00 $ 70,W 40 Tamp Removel & Recensruceon of Cross Fencing 4 EA $ 435.0 $ 1,740,0 $ 1,00.0 $ 4,(1 $ 800,0 $ 3,00.0 41 IrmteAailon of Gate Assarnbl 5 EA $ 1,104,0 $ 5,623.W $ 3,500,0 S 17,500.00 $ 2,600.0 S 13,IlW.W 42 InsleBegon of Concretes uar Exlensbn 1 LS $ 17,837.00 $ 17,637.00 $ 17,800.0 I S 11,600,W $ e,W,W $ B4O00.0 43 InstalleOm of Typo t -A TV We Rap 383 TON $ 10929 $ 41,850,07 $ 35.001s 13,405.0 $ 0,0 S i0,150.0D 44 Insmtlalon of Permanent Erosion Cenral Goolextila 408 SY 5 6021 $ 24,445.28 $ 5.0 $ 2,030.0 S 3.251 $ 1,319.5(1 45 Installation of Seedvig 149,676 SY $ 0,321s 47,06,32 $ 0.40 S 59,870.40 $ 0.30 $ 44,1)(12,W 46 juns lallalbn of$ad 1.1301 SY $ 11.18 $ 12,633,40 $ 6,00 S 6,70.00 $ 6.05 $ 6,6160 47 Final As-Bull Draw!ngs t G $ 1.804.0 S 1,864,0 S 14,00,0 S 14,0,00 $ 600.0 $ 3,00.00 48 Instailafion of Contrite Driveway Enlrrsw 2 EA It 1,944.00 $ 3,080 $ 6,600.0 S 13160.0 $ 2,500.00 $ 5,000,0 49 installation of 12° Smooln Steel Cuivod Pl 0 LF $ 0.67 $ 2.420.10 $ 100.00 S 3,000.00 S 0.0 $ 1,00.0 60 Installation of CorMrele Sloped End SegOOn 2 EA $ 09.0 S telsku $ 1200.00 $ 21400.00 $ 700.0 $ 1,4060 51 Embanlvaent 70 CY $ 26.79 $ 18,753.0 $ 9.W $ 6,30.0 $ 16.0 $ 11,30.0 UrreNbn is 4,10,643.53 $ 4,275,535.40 $ 4,668,911,05 SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the day of by and between The Owasso Public Works Authority, Owasso, Oklahoma (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: RANCH CREEK SANITARY SEWER INTERCEPTOR PROJECT CWSRF PROJECT NO.ORF -I3- 0005 -CW The project for which the Work under the contract documents may be the whole or only a part, is described as follows: The installation of approx. 11,050 If of 30" PS -115 PVC, 1,057 If of 30" DR -I8, C905 PVC, 69 If of 36" PS -I 15 PVC, 501f of 18" PS -115 PVC, 241f of 15" SDR -26 PVC of gravity flow sewer line with 38 -5' diameter manhole of various depths,1-6' diameter manhole, 1 -8' drop manhole, railroad bore, road bore, 12 -plug and abandon 4' manholes, existing manhole flow modifications and reclamation of right of way with associated appurtenance in Section 24 & 25, T -21 -N, R -13- E of the I.B. &M., Tulsa County, Oklahoma and Section 30, T-21 -N, R -14 -E of the I.B. &M., Tulsa County, Oklahoma ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his/her duly authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in counection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within Two hundred 13ighty t '80; calendar days from the date of Notice to Proceed, and completed and ready for final payment in accordance with the General Conditions within Three Hundred 1weniy (320) calendar days from the date of Notice to Proceed. The date of final completion will, therefore, be on or before AGREEME_N_T 0409 00300 - Page 1 of) 6 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. ARTICLE; 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the Owasso Public Works Authority Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 90% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50010) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, Owner shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price, AGREEMENT 0409 00300- Page 2 of 16 ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself/herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, teclmiques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 0409 00300- Page 3 of t6 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for one (1) year after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. 6.9 CONTRACTOR hereby represents and warrants to and for the benefit of the Owner that: The Contractor has reviewed and understands the Davis Bacon Act and prevailing wage rate requirements and will provide any further verified information, certification or assurance of compliance as may be required by the Owner. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner to recover as damages against the Contractor any loss, expense or cost (including without limitation attorney's fees) incurred by the Owner resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Owner). While the Contractor has no direct contractual privity with the State, as a lender to the Owner for the funding of its project, the Owner and the Contractor agree that the State is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State." ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). AGREEMENT 0409 00300- Page 4 of 16 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). i 7.9 Statement of Bidders Qualifications (Section 00230). I 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 ORWB Forms (Section 250) 7.12 Performance Bond (Section 00410). 7.13 Maintenance Bond (Section 00420). 1 7.14 Statutory payment Bond (Section 00430). 7.15 Notice of Award (Section 00510). 7.16 Notice to Proceed (Section 00520). 7.17 Change Order (Section 00600). 7.18 General Conditions (Section 00700). 7.19 OWRB Supplemental Conditions (Section 00750). 7.20 Project Specifications (Section 00800). 7.21 Special Provisions (Section 00900). 7.22 Project Drawings, consisting of Sheets 1 to 23, inclusive, and Standard Drawings, 7.23 Addendum Numbers ^ to _, inclusive. 7.24 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to _ inclusive). 7.25 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). 0409 00300- Page 5 of 16 ARTICLE 8. OKLAHOMA WATER RESOURCE BOARD 8.1 The Contractor hereby represents and warrants to and for the benefit of the Owner that: 8.2 The Contractor has reviewed and understands the Davis Bacon Act and prevailing wage rate requirements and will provide any further verified information, certification or assurance of compliance as may be required by the Owner 8.3 Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner to recover as damages against the Contractor any loss, expense or cost (including without limitation attorney's fees) incurred by the Owner resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Owner). While the Contractor has no direct contractual privity with the State, as a lender to the Owner for the funding of its project, the Owner and the Contractor agree that the State is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State." ARTICLE 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without lhmitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds himself /herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his/her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, and one belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. 0409 00300- Page 6 of 16 This Agreement will be effective on OWNER: M Doug Bonebrake, Chair (SEAL) ATTEST: Sherry Bishop, Authority Secretary Address for giving notices: Owasso Public Works Authority PO Box 180 Owasso, Ok 74055 CONTRACTOR: IM (SEAL) Title 0409 00300 - Page 7 of 16