HomeMy WebLinkAbout2020.12.01_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO PUBLIC WORKS AUTHORITY (OPWA)
Council Chambers Old Central Building 109 North Birch, Owasso, OK
TUESDAY, DECEMBER 1, 2020 - 6:30 PM
AGENDA RECEIVED
1. Call to Order
Chair Bill Bush NOV 25 2020
2. Roll Call City Clerk's Office
3. 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. Approve minutes - November 17, 2020, Regular Meeting
B. Approve claims
4. Consideration and appropriate action relating to items removed from the Consent Agenda
5. Consideration and appropriate action relating to bids received for the Wastewater Treatment
Plant and Main Plant Lift Station Expansion Project
Travis Blundell
Staff recommends awarding the base bid and alternates A -1.1, A -1.2, A -1.3, A -2.1, A -2.2, A -3
and A -4, in the amount of $21,187,879.00, to Crossland Heavy Contractors Inc., of Columbus,
Kansas, and authorization to execute the necessary documents.
6. Report from OPWA Manager
7. Report from OPWA Attorney
8. Official Notices to Authority (documents for acknowledgment or information only, no
discussion or action will be taken)
• Payroll Payment Report- pay period ending date November 21, 2020
9. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
10. Adjournment
Notice of Public Meeting filed in the office of the City Clerk on Friday, December 13, 2019, and
the Agenda posted at City Hall, 200 South Main Street, at 12:00 pm on Wednesday, November
25, 2020.
quOiann M. Stevens, ' y Cler
The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the
City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to
istevens@cit,lofowasso.com
OWASSO PUBLIC WORKS AUTHORITY (OPWA)
MINUTES OF REGULAR MEETING
Tuesday, November 17, 2020
The Owasso Public Works Authority (OPWA) met in regular session on Tuesday, November 17,
2020, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma, per the
Notice of Public Meeting filed Friday, December 13, 2019; and the Agenda filed in the office of
the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, November 13,
2020.
1. Call to Order
Chair Bill Bush called the meeting to order at 7:16 pm
2. Roll Call
Present Absent
Chair - Bill Bush None
Vice Chair - Kelly Lewis
Trustee - Chris Kelley
Trustee - Doug Bonebrake
Trustee - Lyndell Dunn
A quorum was declared present.
Staff:
Authority Manager- Warren Lehr
Authority Attorney - Julie Lombardi
3. Consideration and appropriate action relating to a request for approval of the Consent
Agenda. (All matters listed under "Consent" are considered by the Authority 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. Approve minutes - November 3, 2020, and November 10, 2020, Regular Meetings
B. Approve claims
Mr. Kelley moved, seconded by Mr. Bonebrake to approve the Consent Agenda, as
presented, with claims totaling $418,262.62.
YEA: Bonebrake, Dunn, Kelley, Lewis, Bush
NAY: None
Motion carried: 5 -0
4. Consideration and appropriate action relating to items removed from the Consent Agenda
None
5. Report from OPWA Manager
None
6. Report from OPWA Attorney
None
7. Official Notices to Council (documents for acknowledgment or information only, no
discussion or action will be taken)
The Chair acknowledged receipt of the following:
• Payroll Payment Report- pay period ending date November 7, 2020
• Monthly Budget Status Report - October 2020
Owasso Public Works Authority
November 17, 2020
Page 2
8. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
None
9. Adjournment
Mr. Bonebrake moved, seconded by Ms. Lewis to adjourn the meeting.
YEA: Bonebrake, Dunn, Kelley, Lewis, Bush
NAY: None
Motion carried: 5 -0 and the meeting adjourned at 7:17 pm.
Bill Bush, Chair
Juliann M. Stevens, Authority Clerk
Claims List - 12/112020
Fund Vendor Name
Payable Description
Payment
Amount
61 OPWA CITY OF OWASSO
ADMIN OVERHEAD
$25,000.00
HOLDER'S INC.
ADDITIONAL KEY TO PW BUIL
$17.50
JPMORGAN CHASE BANK
EBAY- BATTERY BACKUP
$75.00
JPMORGAN CHASE BANK
LOCKE- LIGHTS
$12.34
JPMORGAN CHASE BANK
LOCKE- MATERIALS
$24.68
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$519.38
JPMORGAN CHASE BANK
OWASSO CHAMBER -FEE
$40.00
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$180.58
JPMORGAN CHASE BANK
SUNDANCE- SUPPLIES
$64.64
JPMORGAN CHASE BANK
TARGET- CHAIRS
$719.98
OKLAHOMA ONE -CALL SYSTEMS INC
ANNUAL MEMB FEE
$4,112.80
STANDLEY SYSTEMS LLC
MAINT. AGREEMENT
$208.92
TERMINIX
PEST CONTROL
$99.00
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$105.86
UNITED STATES CELLULAR CORPORATION
PW MONTHLY CELL PHONE
$49.79
UNITED ENGINES, LLC
CHA
$294,648.00
OPWAADMINISTRATION -Total $31,230.47
BANCFIRST 800469017/096 $55,960.40
BANCFIRST 800470015/09C $23,361.34
BANCFIRST 800471013 /SANTA FE $14,375.74
BANCFIRST 8004720111RANCH CREEK $25,377.32
BANCFIRST 800780017/19C $84,891.80
OPWA DEBT SERVICE -Total
$203,966.60
TERMINIX
PEST CONTROL @ RECYCLE
$73.00
CE
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$36.70
RECYCLE CENTER -Total
$109.70
JPMORGAN CHASE BANK
AMERIFLEX- GAUGES
$38.35
JPMORGAN CHASE BANK
CUMMINS -PUMP
$194.95
JPMORGAN CHASE BANK
FROST OIL - GREASE
$145.77
JPMORGAN CHASE BANK
FROST OIL -OIL
$784.67
JPMORGAN CHASE BANK
HOME DEPOT- MAILBOX
$19.48
JPMORGAN CHASE BANK
LOWES- MAILBOX
$39.98
JPMORGAN CHASE BANK
SEMI TRUCK -TRUCK WASH
$330.00
JPMORGAN CHASE BANK
SEMI TRUCK -WASH
$90.00
JPMORGAN CHASE BANK
WELDON- SWITCH
$33.08
SPOK INC.
PAGER USE
$71.84
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$125.36
UNITED ENGINES, LLC
REFUSE TRUCK
$294,648.00
UNITED STATES CELLULAR CORPORATION
PW MONTHLY CELL PHONE
$44.45
CHA
REFUSE COLLECTIONS -Total $296,565.93
1
Claims List - 12/112020
Fund Vendor Name Payable Description Payment
Amount
61 OPWA TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES $3,310.67
UTILITY BILLING -Total
$3,310.67
JAMES A. OZBUN
REPAIR RELIEF PUMP
$3,250.00
JPMORGAN CHASE BANK
ATWOODS -PINS
$8.38
JPMORGAN CHASE BANK
CORE &MAIN - REPAIR SUPP
$145.76
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
$3.48
JPMORGAN CHASE BANK
LOWES -PARTS
$16.27
JPMORGAN CHASE BANK
LOWES -POST
$15.54
JPMORGAN CHASE BANK
LOWES -PUMP
$272.25
JPMORGAN CHASE BANK
LOWES- REFUND
($1.33)
SCHUERMANN ENTERPRISES, INC
TROUBLESHOOT SANTE FE LIF
$373.15
SPOK INC.
PAGER USE
$63.36
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$105.68
WASHINGTON CO RURAL WATER
MAGNOLIA LS WATER
$23.10
DISTRICT
WASTE MGMT- SLUDGE REM
$8,499.69
WASHINGTON CO RURAL WATER
MORROW LS WATER
$19.80
DISTRICT
UNIFORM SERVICE
$120.78
WASTEWATER COLLECTIONS -Total
$4,295.44
JPMORGAN CHASE BANK
APSWATER - SUPPLIES
$108.80
JPMORGAN CHASE BANK
GRAINGER- SUPPLIES
$7.21
JPMORGAN CHASE BANK
KOMLINE-GBT BELT
$796.30
JPMORGAN CHASE BANK
KOMLINE -PARTS
$56.85
JPMORGAN CHASE BANK
LOWES -PUMP
$27225
JPMORGAN CHASE BANK
LOWES -RAKE
$16.98
JPMORGAN CHASE BANK
NCL OF WISC- FILTERS
$391.98
JPMORGAN CHASE BANK
OFFICE DEPOT- SUPPLIES
$29.99
JPMORGAN CHASE BANK
OREILLY -TIRE GAUGE
$10.64
JPMORGAN CHASE BANK
SUNDANCE- SUPPLIES
$22.16
JPMORGAN CHASE BANK
TULCO -GEAR OIL
$1,697.70
JPMORGAN CHASE BANK
WALMART -WATER
$17.00
JPMORGAN CHASE BANK
WASTE MGMT- SLUDGE REM
$8,499.69
SPOK INC.
PAGER USE
$30.94
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$120.78
WASTEWATER TREATMENT -Total
$12,079.27
CITY OF TULSA DEPT OF FINANCE
WQA LAB SERVICES
$540.00
JPMORGAN CHASE BANK
CDW -POWER CORD
$80.65
JPMORGAN CHASE BANK
LOWES - FLASHLIGHT
$24.97
JPMORGAN CHASE BANK
LOWES- HACKSAW
$16.97
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$5.88
JPMORGAN CHASE BANK
UTILITY SPLY- SADDLES
$510.12
SPOK INC.
PAGER USE
$81.32
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$153.18
E
Claims List - 12/1/2020
Fund Vendor Name Payable Description
61 OPWA UNITED RENTALS NORTH AMERICA INC FORKLIFT RENTAL
Payment
Amount
$670.00
WATER -Total $2,083.29
CP &Y INC DESIGN SERVICES $14,828.40
WWTP UPGRADE -Total $14,828.40
OPWA -Total $568,469.77
67 OPWA SALES TAX BANCFIRST 800650012/2016 NOTE $233,933.25
BANCFIRST 800730038/2018 NOTE $95,403.33
BANCFIRST 80082602612020 NOTE $95,738.54
OPWA STF DEBT SERVICE -Total $425,075.12
OPWA SALES TAX -Total $425,075.12
69 OPWA SALES TAX SUB MORROW PLACE INVESTMENT GROUP DEVELOPMENT AGREEMENT $4,756.68
ACCOUN LLC
OPWA ST SUB - DEBT SERV -Total $4,756.68
OPWA SALES TAX SUB ACCOUN -Total $4,756.68
OPWA Grand Total $998,301.57
TO: The Honorable Chair and Trustees
Owasso Public Works Authority (OPWA)
FROM: Travis Blundell
Assistant Public Works Director
SUBJECT: Wastewater Treatment Plant and Main Plant Lift Station Expansion Project
Bid Award
DATE: November 25, 2020
BACKGROUND:
The City of Owasso built a lagoon system in the 1950's for wastewater treatment. In 1988, the
City of Owasso built a mechanical wastewater treatment plant. In order to accommodate
growth, the Wastewater Treatment Plant (WWTP) was upgraded in 1998, and again in 2009.
In order to ensure the City of Owasso is keeping pace with the wastewater treatment demands
created by continued growth, Greeley and Hansen LLC, of Chicago, Illinois, was hired in
October 2014, to update the 2005 Wastewater Master Plan to reflect current conditions. The
Updated Master Plan provides a 20 -year guide for prioritization and construction upgrades to
the City's wastewater collections system and wastewater treatment infrastructure. The
immediate needs identified within the master plan are as follows:
• Upgrade Main Plant Pump Station: All influent flow is pumped to the WWTP by the Main
Plant Pump Station. The Pump Station was constructed in 1988 and consists of a concrete
wet well and a steel dry well that houses three (3) pumps. The dry well is beginning to rust
and show visible signs of deterioration on the walls and floor. Additionally, the pumps
have become inefficient due to age.
Upgrade the Headworks Facility: The Headworks Facility is the first stage of the
wastewater treatment process. The equipment is at the end of its useful life and has
become ineffective at removing grit, rags and other foreign material.
Construct a Second Aeriation Tank: The current aeriation tank is approaching the rated
capacity for Biological Oxygen Demand (BOD) based on regulations set by the
Oklahoma Department of Environmental Quality (ODEQ). With the current BOD loading
when flows are at 3.5 million gallons per day (MGD), the aeriation tank does not meet
ODEQ's rated capacity for the existing aeriation tank. Additionally, the ODEQ requires
redundancy within the WWTP system which currently does not exist with the one aeration
tank.
• Upgrade the Aerobic Digestion Process: Currently there are processing issues due to
inadequate aeration and detention time. It is recommended to add an additional
digester and upgrade the aeriation equipment in Digester One.
• Upgrade electrical equipment in the Activated Sludge Pump Station l: Most of the
electrical equipment within this building was installed during the construction of the plant
in 1988.
In September of 2017, OWPA Trustees approved an Engineering Services Agreement with CP &Y,
Inc., of Oklahoma City, Oklahoma, for the design and preparation of the construction
Page 2
W WTP Upgrade
documents for the Wastewater Treatment Plant and Main Plant Lift Station Upgrade. In April of
2020, CP &Y, Inc. completed the design and submitted the plans to ODEQ for review and
approval. In July of 2020, ODEQ approved the plans and submitted a permit for construction.
BID ADVERTISEMENT:
The project was solicited as a base bid and seven (7) alternates (see attached summary for
description) and advertised in September of 2020, with a mandatory pre -bid meeting on
October 15. Bids were opened on November 5, with two (2) contractors submitting bids. The bid
results are summarized below:
Crossland Heavy Contractors Inc. Walters - Morgan Contractors Inc.
Base Bid - $18,685,000.00 Base Bid - $22,519,015.00
Alternates
Alternates
A -1.1
$ 38,000.00
A -1.1
$ 36,000.00
A -1.2
$10,000.00
A -1.2
$14,000.00
A -1.3
$47,379.00
A -1.3
$47,379.00
A -2.1
$1,7000,000.00
A -2.1
$1,940,000.00
A -2.2
$414,500.00
A -2.2
$414,500.00
A-3
$245,000.00
A-3
$230,000.00
A-4
$48,000.00
A-4
$70,000.00
Total Bid - $21,187,879.00 Total Bid - $25,270,894.00
City staff and the consultant, CP &Y, Inc., thoroughly reviewed all bid documents and
determined that Crossland Heavy Contractors, Inc. is the lowest qualified bidder.
FUNDING:
Funding for the project is included in the FY 2021 Wastewater Treatment Plant budget through
the issuance of a Series 2019 Promissory Note to the Oklahoma Water Resources Board,
approved by the Authority on July 16, 2019.
RECOMMENDATION:
Staff recommends awarding the base bid and alternates A -1.1, A -1.2, A -1.3, A -2.1, A -2.2, A -3
and A -4, in the amount of $21,187,879.00, to Crossland Heavy Contractors Inc., of Columbus,
Kansas, and authorization to execute the necessary documents.
ATTACHMENTS:
Bid Specification Summary
Contract Document
OWASSO WASTEWATER TREATMENT PLANT AND MAIN LIFT STATION EXPANSION PROJECT
ADDENDUM 3
Item
Description
Unit
Quantity
Bidder Input
Total Cost
Unit Cost
1
Mobilization /Demobilization
LS
1
$
2
Construction Staking
LS
1
$
3
Trench Safety
LS
1
$
4
Traffic Control and Warning Signs
LS
1
$
5
Stormwater Pollution Prevention
LS
1
$
Miscellaneous Demolition including but not limited
B
to Main Lift Station, Aeration Basin I and 11, yard
piping, existing Drain Pump Station and as shown in
LS
the Contract Documents.
Furnish and Install the Main Lift Station including
T
installation of all equipment, piping, Civil, Structural
and Electrical complete in place and operational as
LS
shown in the Contract Documents.
Furnish and Install the Headworks including
8
installation of all equipment, piping, Civil, Structural
and Electrical complete in place and operational as
LS
shown in the Contract Documents.
Furnish and Install the Aeration Basin 11, Filtrate
Pump Station and Recirculation Pump Station
including installation of all equipment, piping, Civil,
9
Structural and Electrical complete in place and
LS
1
$ -
operational as shown in the Contract Documents.
This Item covers all work except the work described
in Bid Items 18 and 19.
Furnish and Install the Aeration Basin I
Improvements, including installation of all
10
equipment, piping, Civil and Structural complete in
LS
1
$ -
place and operational as shown in the Contract
Documents.
Furnish and Install the Blower Building including
installation of all equipment, piping, Architectural,
11
Civil, Structural and Electrical complete in place and
LS
1
$ -
operational as shown in the Contract Documents.
This Item covers all work except the work described
in Alternate Bid Item No. A -2
Furnish and Install the Plant Water Pump Station
and Sodium Hypochlorite Feed Facility including
12
installation of all equipment, piping, Civil, Structural
LS
1
$
and Electrical complete in place and operational as
shown in the Contract Documents.
Furnish and Install the RAS Pump Station
Improvements including installation of all
13
equipment, piping, and Electrical complete in place
LS
1
$
and operational as shown in the Contract
Documents.
ADDITIVE ALTERNATES. CITY MAY SELECT ANY OR ALL OF THE ADDITIVE ALTERNATES AT THEIR DISCRETION
Item
Furnish and Install the Existing Digester
Unit
Quantity
Bidder Input
Unit Cost
Total Cost
Improvements including installation of all
equipment, piping, and Electrical complete in place
14
and operational as shown in the Contract
LS
1
$
Documents. This includes the installation of diffusers
A -1.1
in the existing digesters provided by Ovivo.
LS
1
$ -
Furnish and Install all Miscellaneous Electrical Site
Improvements including installation of Duct Banks,
15
Site Lighting etc. complete in place and operational
LS
1
$
as shown in the Contract Documents
16
Invent Hyperclassic Mixers— Preselected Proposal
LS
1
$ 115,500.00
$ 115,500.00
Install the Invent Hyperclassic Mixers including
A -1.2
installation of all equipment, and Electrical complete
LS
1
$
17
in place and operational as shown in the Contract
1
$
Documents.
18
Flygt Axial Flow Pumps— Preselected Proposal
LS
1
$ 369,000.00
$ 369,000.00
Install the Flygt Axial Flow Pumps including
installation of all equipment, and Electrical complete
19
in place and operational as shown in the Contract
LS
1
$ -
Documents.
20
SEI Systems Integrator - Preselected Proposal
LS
1
$ 394,515.00
$ 394,515.00
Furnish and Install all yard piping and manholes
21
complete in place and operational as shown in the
LS
1
$ -
Contract Documents.
Furnish and Install all stainless steel air piping
22
complete in place and operational as shown in the
LS
1
$ -
Contract Documents.
23
Chain Link / Wire Fence and Gates
LS
1
$
24
Install Concrete Sidewalks
LS
1
$
25 linstall
Proposed Asphalt Pavement
LS
1
$
26
Install Gravel Road
LS
1
$
27
Install Guardrail
LS
1
$
28
As -built Survey and Plans
LS
1
$
29
PROJECT ALLOWANCE (Fixed numberfor all bidders)
LS
1
$ 700,000.00
$ 700,000.00
ADDITIVE ALTERNATES. CITY MAY SELECT ANY OR ALL OF THE ADDITIVE ALTERNATES AT THEIR DISCRETION
Item
Description
Unit
Quantity
Bidder Input
Unit Cost
Total Cost
Alternate Bid Item No. 1: Clean the existing Aeration
Basin No.1 including
but not limited to debris, sludge, rags etc. Any solids
and liquids not manually removed shall be pumped
A -1.1
through new headworks for screening and degritting.
LS
1
$ -
Manually removed wet solids shall be stored in the
drying beds. Engineer estimates about 600 CY of wet
solids below the diffusers. Contractor is not
responsible for off -site disposal of solids.
Alternate Bid Item No. 1: Replace the existing SSI
Aeration diffusers in Aeration Basin No. 1. This item
A -1.2
covers removal of existing diffusers, repairs of
LS
1
$
laterals, as well as installing new diffusers and all
appurtenances. The cost for the diffusers is covered
in Item A -1.2.
A -1.3
SSI Aeration Diffusers for Aeration Basin No. 1 -
LS
1
$ 47,379.00
$ 47,379.00
Preselected Proposal
Alternate Bid Item No. 2: Furnish and Install the
Digester No. 1, Digested Sludge Pump Station No. 2,
and associated Digester No. 1 blowers, including
A-2.1
installation of all equipment, piping, Civil, Structural
1
and Electrical complete in place and operational as
$
shown in the Contract Documents. This Item covers
all work except the work described in Alternate Bid
Item No. A -2.2
A -2.2
Jet Vortex Mixing System— Preselected Proposal
LS
1
$ 414,500.00
$ 414,500.00
Alternate Bid Item No. 3: Furnish and Install the
18 -inch C- 900150 psi parallel force main including
A -3
excavation, pipe, fittings, backfill, compaction and
LS
1
$ -
complete in place and operational. Furnish and
install the flow meter and vault for the forcemam.
Alternate Bid Item No. 4: Demolish the Existing
A-4
Headworks including mechanical equipment,
concrete structures, electrical equipment and two
1
$
manholes.
SECTION 00300
AGREEMENT
THIS AGREEMENT is dated as of the 1 st day of December, 2020, by and between The Owasso Public
Works Authority (hereinafter called OWNER) and Crossland Heavy Contractors Inc. (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:
'ASSO WASTEWATEI
AND MAIN LIFT
PROJECT
OWASSO PUBIC WORKS AUTHORITY
OWASSO, OKLAHOMA
The project for which the Work under the contract documents may be the whole or only a part, is
described as follows:
1. Install Main Lift Station including all associated Mechanical, Structural and Electrical
components
2. Install a grit removal system including a vortex -type grit removal system, grit classifier
equipment, grit dewatering equipment, and dry grit storage.
3. Modify Aeration Basin No. I and Install a new Aeration Basin No. 2 including a fine
bubble diffuser system, mixers in Anoxic zone, recirculation pump station and filtrate
pump station.
4. Install new Blower building No. 3 and all its associated Architectural, Structural,
Mechanical and Electrical Components.
5. Install new Digester No. 1, Digested sludge Pump Station and all its associated
components.
6. Install new Plant water System and its associated components.
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
0920 00300 - Page 1 of 14
will have the rights and authority assigned to ENGINEER in the Contract Documents in
connection 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 Six Hundred and Seventy (670)
calendar days from the date of Notice to Proceed; and completed and ready for final payment in
accordance with the General Conditions within Seven Hundred and Thirty (730) calendar days
from the date of Notice to Proceed, which will be on or before
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.
4.3 CONTRACT AMOUNT: Contract Amount is Twenty One Million, One Hundred Eighty
Seven Thousand, Eight Hundred Seventy Nine and no /100 Dollars $21,187,879.00.
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
0920 00300 - Page 2 of 14
the Owasso Pubic Works Authority's 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 95% of the WORK
completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of
the contract amounts.
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.
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, techniques, 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
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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.
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.
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 I 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).
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7.6 Bid (Section 00200).
7.7 Bid Bond (Section 00210).
7.8 Bid Affidavits (Section 00220).
7.9 Statement of Bidders Qualifications (Section 00230).
7.10 Certificate of Non-Discrimination (Section 00240).
7.11 Performance Bond (Section 00410).
7.12 Maintenance Bond (Section 00420).
7.13 Statutory payment Bond (Section 00430).
7.14 Notice of Award (Section 00510).
7.15 Notice to Proceed (Section 00520).
7.16 Change Order (Section 00600).
7.17 General Conditions (Section 00700).
7.18 Project Specifications (Section 00800).
7.19 Special Provisions (Section 00900).
7.20 Project Drawings.
7.21 Addendum Numbers 1 to 4 inclusive.
7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages
_to inclusive).
7.23 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).
ARTICLE 8. MISCELLANEOUS
8.1 Terms used in this Agreement which are defined in the General Conditions shall have
the meanings indicated in the General Conditions.
8.2 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 limitation, 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.
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8.3 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.
83 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, the other belongs to OWNER. All
portions of the Contract Documents have been signed by OWNER and CONTRACTOR.
This Agreement will be effective on December 1 SL, 2020.
OWNER: Owasso Pubic Works Authority
Un
Bill Bush, OPWA Chair
(SEAL)
ATTEST:
Juliann M. Stevens, Authority Clerk
Address for giving notices:
Owasso Public Works Authority
200 S Main
Owasso, OK 74055
CONTRACTOR:
0
(SEAL)
Title
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OWASSO PUBLIC WORKS AUTHORITY
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 11121/20
FUND TOTAL 116,486.05 172,154.13
Department
Payroll Expenses
Total Expenses
400
OPWA Administration
22,352.67
30,920.70
405
Utility Billing
10,368.00
15,736.82
420
Water
23,203.60
34,404.08
450
Wastewater
17,208.14
25,566.85
455
Wastewater Collection
19,169.56
28,748.52
480
Refuse
20,040.08
30,109.66
485
Recycle Center
4,144.00
6,667.50
FUND TOTAL 116,486.05 172,154.13