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Home My WebLink About2023.03.07_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY (OPWA) Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, March 7, 2023 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA RECEIVED 1. Call to Order - Chair Kelly Lewis MAR 03 2023 4�S 2. Roll Call City Clerk's Offic: 3. Consideration and appropriate action relating to 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 - February 21, 2023, Regular Meeting B. Approve claims C. Approve Amendment #1 to the Professional Engineering Agreement with Greeley and Hansen, LLC, of Tulsa, Oklahoma, in the amount of $24,803.00, for additional inspection services related to the Wastewater Treatment Plant and Main Lift Station Expansion Project, and authorize execution of the necessary documents 4. Consideration and appropriate action relating to items removed from the Consent Agenda 5. Consideration and appropriate action relating to bids received for the Recycle Center Expansion Project Roger Stevens Staff recommends awarding the construction contract to Daris Contractors, LLC of Catoosa, Oklahoma, in the amount of $892,597.00, and authorization to execute all necessary documents. 6. Report from OPWA Manager 7. Report from OPWA Attorney 8. Official Notices (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date February 25, 2023 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, 9, 2022, and the Agenda posted at City Hall, 200 South Main Street, at 1:00 pm on Friday, March 3, 2023. Juliann M. Stevens, City Clerk The City of Owasso encourages citizen participation. To request.on 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 @citvofowasso.com OWASSO PUBLIC WORKS AUTHORITY (OPWA) MINUTES OF REGULAR MEETING TUESDAY, FEBRUARY 21, 2023 The Owasso Public Works Authority met in regular session on Tuesday, February 21, 2023, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 9, 2022; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 1:00 pm on Friday, February 17, 2023. 1. Call to Order -Chair Kelly Lewis called the meeting to order at 7:15 pm. 2. Roll Call - A quorum was declared present. Present Absent Chair- Kelly Lewis None Vice Chair- Alvin Fruga Trustee - Doug Bonebrake Trustee - Bill Bush Trustee - Lyndell Dunn Staff: Authority Manager - Warren Lehr; Authority Attorney - Julie Lombardi 3. Consideration and appropriate action relating to 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 - February 7, 2023, and February 14, 2023, Regular Meetings B. Approve claims Mr. Bonebrake moved, seconded by Mr. Dunn to approve the Consent Agenda as presented, with claims totaling $653,873.84. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis 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 - The Chair acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date February 11, 2023 • Monthly Budget Report - January 2023 8. New Business - None 9. Adjournment Mr. Bush moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:16 pm. Kelly Lewis, Chair Juliann M. Stevens, Authority Clerk Claims List - 03/07/2023 Fund Vendor Name Payable Description Payment Amount 61 OPWA KELLOGG ENGINEERING, INC 117 LFT STAT & FORCE MAIN $4,371.25 117TH STREET FORCE MAIN -Total $4,371.25 MSS CONSTRUCTION LLC COFFEE CREEK LS $51,201.29 COFFEE CREEK LIFT STATION -Total $51,201.29 GREELEY & HANSEN LLC LBX 619776 ELM CREEK SEWER REHAB $7,309.84 ELM CREEK INTERCEPTOR -Total PHONE USAGE $7,309.84 AEP IPSO ELECTRIC USE $2,082.72 CITY OF OWASSO AOMIN OVERHEAD $25,000.00 COX COMMUNICATIONS PHONE USAGE $27.01 JPMORGAN CHASE BANK AMAZON- SUPPLIES $17.34 JPMORGAN CHASE BANK CHAMBER -FEES $25.00 JPMORGAN CHASE BANK MAGIC REFRIG- REPAIR $90.99 JPMORGAN CHASE BANK MAIL THIS - POSTAGE $10.47 JPMORGAN CHASE BANK ODP- SUPPLIES $272.16 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $59.16 JPMORGAN CHASE BANK REASORS- SUPPLIES $58.50 JPMORGAN CHASE BANK SAMS -FEES $50.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $597.28 JPMORGAN CHASE BANK WALMART- SUPPLIES $16.06 STANDLEY SYSTEMS LLC COPIER SERVICES $260.26 UNIFIRST HOLDINGS LP UNIFORM SERVICES $59.16 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $59.45 OPWA ADMINISTRATION -Total $28,685.56 BANCFIRST 800469017/098 $55,960.40 BANCFIRST 800470015/09C $23,361.34 BANCFIRST 800471013 /SANTA FE $14,375.74 BANCFIRST 800472011 /RANCH CREEK $25,377.32 BANCFIRST 800780017/19C $121,268.47 OPWADEBTSERVICE -Total $240,343.27 BECK ASSOCIATES ARCHITECTS, PLLC DESIGN SERVICES $69,847.43 PUBLIC WORKS FACILITY -Total $69,847.43 AEP IPSO ELECTRIC USE $236.92 COX COMMUNICATIONS PHONE USAGE $3.86 JPMORGAN CHASE BANK LOWES- SUPPLIES $15.57 JPMORGAN CHASE BANK NATURAL EVOL - DISPOSAL $714.46 JPMORGAN CHASE BANK TERRACYCLE - SUPPLIES $72.00 JPMORGAN CHASE BANK WASTE MGMT - DISPOSAL $2,577.03 NATIONAL WASTE & DISPOSAL, INC. RECYCLING $510.00 TERMINIX PEST CONTROL $89.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $36.80 1 Claims List - 03/07/2023 Fund Vendor Name Payable Description Payment Amount 61 OPWA RECYCLE CENTER -Total PHONE USAGE $4,255.64 COX COMMUNICATIONS PHONE USAGE $3.86 H &H PROTECTIVE COATING CO, INC REFURBISHED TRAILER $2,430.28 JPMORGAN CHASE BANK ALAMO- EQUIPMENT $2,916.16 JPMORGAN CHASE BANK AMAZON- UNIFORM $102.99 JPMORGAN CHASE BANK ATWOOD -PARTS $11.47 JPMORGAN CHASE BANK BUMPER -MAINT $201.58 JPMORGAN CHASE BANK BUMPER -PARTS $60.90 JPMORGAN CHASE BANK BUMPER -TOOLS $37.04 JPMORGAN CHASE BANK HOME DEPOT -PARTS $42.39 JPMORGAN CHASE BANK LOCKE -PARTS $14.32 JPMORGAN CHASE BANK LOWES -TOOLS $179.00 JPMORGAN CHASE BANK PTG -PARTS $1,258.81 JPMORGAN CHASE BANK QUIKSERVICE -PARTS $244.73 JPMORGAN CHASE BANK SAMS- SUPPLIES $58.16 JPMORGAN CHASE BANK SEMI CRAZY- SERVICE $100.00 JPMORGAN CHASE BANK SOUTH TIRE- REPAIR $105.00 JPMORGAN CHASE BANK WASTE MGMT- DISPOSAL $24,061.21 JPMORGAN CHASE BANK WELSCO -TOOLS $256.45 UNIFIRST HOLDINGS LP UNIFORM SERVICES $141.54 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $54.28 REFUSE COLLECTIONS -Total $32,280.17 COX COMMUNICATIONS PHONE USAGE $19.26 JPMORGAN CHASE BANK ODP- SUPPLIES $5.47 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES $1,560.58 UTILITY BILLING -Total $1,585.31 AEP IPSO ELECTRIC USE $7,351.83 COX COMMUNICATIONS PHONE USAGE $7.72 JAMES A. OZBUN PUMP $3,500.00 JPMORGAN CHASE BANK AMAZON- UNIFORM $11.74 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $29.97 JPMORGAN CHASE BANK ATWOOD- UNIFORM $139.99 JPMORGAN CHASE BANK CORE &MAIN- SUPPLIES $999.95 JPMORGAN CHASE BANK HARD HAT - UNIFORM $78.00 JPMORGAN CHASE BANK INDUSTRIAL - SUPPLIES $59.25 JPMORGAN CHASE BANK LOWES- SUPPLIES $22.92 JPMORGAN CHASE BANK OREILLY -PARTS $4.72 JPMORGAN CHASE BANK POLYSPEDE- SERVICE $14,698.00 JPMORGAN CHASE BANK RADWELL -PARTS $96.37 JPMORGAN CHASE BANK UPS - POSTAGE $26.89 UNIFIRST HOLDINGS LP UNIFORM SERVICES $136.94 E Claims List - 03/07/2023 Fund Vendor Name Payable Description Payment Amount 61 OPWA WASHINGTON CO RURAL WATER DISTRICT COFFEE CREEK LS WATER $23.41 WASHINGTON CO RURAL WATER DISTRICT MAGNOLIA LS WATER $23.10 WASHINGTON CO RURAL WATER DISTRICT MORROW LS WATER $19.80 WASTEWATER COLLECTIONS -Total AMAZON- UNIFORM $27,230.60 AEP /PSO ELECTRIC USE $40,859.38 COX COMMUNICATIONS PHONE USAGE $15.44 JPMORGAN CHASE BANK AUTOZONE- REPAIR $12.99 JPMORGAN CHASE BANK BUMPER -PARTS $100.10 JPMORGAN CHASE BANK BUMPER - REPAIR $197.16 JPMORGAN CHASE BANK EXTRAPACKAGING- REPAIR $44.74 JPMORGAN CHASE BANK KOMLINE- REPAIR $169.23 JPMORGAN CHASE BANK POLYDYNE- POLYMER $22,770.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $38.96 JPMORGAN CHASE BANK WASTE MGMT- DISPOSAL $11,662.38 JPMORGAN CHASE BANK WILLIAMSON -PARTS $579.02 UNIFIRST HOLDINGS LP UNIFORM SERVICES $211.18 WASTEWATER TREATMENT -Total $4,892.45 $76,660.58 AEP /PSO ELECTRIC USE $648.33 CITY OF TULSA DEPT OF FINANCE LAB SERVICES $500.00 COX COMMUNICATIONS PHONE USAGE $7.72 JPMORGAN CHASE BANK AMAZON- UNIFORM $11.76 JPMORGAN CHASE BANK ATWOOD -FUEL $128.91 JPMORGAN CHASE BANK BROWN FARMS - REPAIR $130.00 JPMORGAN CHASE BANK CORE &MAIN - SUPPLIES $1,500.00 JPMORGAN CHASE BANK DITCH WITCH- EQUIPMENT $1,396.00 JPMORGAN CHASE BANK DITCH WITCH - SUPPLIES $125.05 JPMORGAN CHASE BANK HARD HAT - UNIFORM $78.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $230.85 UNIFIRST HOLDINGS LP UNIFORM SERVICES $135.83 WATER -Total $4,892.45 CP &Y INC WWTP LS EXPAN PROJECT $11,171.96 GREELEY & HANSEN LLC LBX 619776 WWTP & LIFT STATION $14,585.02 WWTP UPGRADE -Total $25,756.98 OPWA -Total $574,420.37 67 OPWA SALES TAX BANCFIRST 800650012/2016 NOTE $234,070.08 BANCFIRST 800730038/2018 NOTE $95,183.33 BANCFIRST 80082602612020 NOTE $95,463.37 OPWA STF DEBT SERVICE -Total $424,716.78 OPWA SALES TAX -Total $424,716.78 OPWA Grand Total $999,137.15 3 TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Earl Farris Project Administrator SUBJECT: Amendment # 1 - Professional Engineering Services for the Wastewater Treatment Plant and Main Lift Station Expansion (Inspection Services) DATE: March 3, 2023 BACKGROUND On December 15, 2020, Owasso Public Works Authority approved a construction services contract with Greely & Hansen for inspection services for the Owasso Treatment Plant Expansion. Staff determined that the nature of the project would require daily technical inspections throughout the project. The scope of the project was determined to be 730 days in length in the amount of $586,510.00. Due to delays in materials and approved change orders, 85 additional days have been granted, resulting in additional costs for the inspection services. Services still to be provided are completion of testing and start-up of all equipment, review and completion of daily reports, as well as review of the final "as builts" of the project. Amendment #1 will add $24,803.00 to the agreement which in coordination with contractor's remaining schedules will be enough to complete the project while meeting the inspections required by the Oklahoma Water Resources Board. FUNDING: Funding is available from the loan proceeds through the Oklahoma Water Resources Board. RECOMMENDATION: Staff recommends approval of Amendment #1 increasing the Inspection Services Agreement by $24,803.00 for the Owasso Wastewater Treatment Plant Expansion Project and authorization to execute the necessary documents. ATTACHMENT: Engineering Amendment (Inspection Services) #1 AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR WASTEWATER TREATMENT PLANT AND MAIN LIFT STATION EXPANSION THIS AMENDMENT NO. 1, to the Agreement for Professional Engineering Services, is made and entered into this _ day of , 2023, between the Owasso Public Works Authority, Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as AUTHORITY, Greeley and Hansen LLC, an Illinois Limited Liability Company with its principal office at 100 South Wacker Drive, Chicago, Illinois, 60606 -4004, hereinafter referred to as ENGINEER, WITNESSETH: WHEREAS, AUTHORITY and ENGINEER entered into an AGREEMENT, dated December 16, 2020, under which the ENGINEER was to provide professional services for the Owasso Wastewater Treatment Plant and Main Lift Station Expansion, hereinafter referred to as the PROJECT; and, WHEREAS, AUTHORITY requires certain additional professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; thereby necessitating the amending of the AGREEMENT; WHEREAS, ENGINEER, is prepared to provide such SERVICES; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B -1, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AMENDMENT NO. 1. 2. COMPENSATION. AUTHORITY will pay ENGINEER in accordance with Attachment D- 1, COMPENSATION, and further described in Attachment E -1, FEE /MANHOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. Amendment No. 1 3. All other terms and conditions of the AGREEMENT of December 15, 2020, as amended, shall remain in force. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Chair of the AUTHORITY. GREELEY AND HANSEN LLC Fernando Sarmiento, P.E., PMP, SCEE Vice President, Southwest Area of 1.24 /7 23 APPROVED: OWASSO PUBLIC WORKS AUTHORITY Authority Clerk Authority Manager Date APPROVED AS TO FORM: Authority Attorney Amendment No. 1 2 Attachment 13 -1 Owasso Public Works Authority Wastewater Treatment Plant and Main Lift Station Expansion Scope of Services Greeley and Hansen LLC January 2023 B. SCOPE OF SERVICES. The Scope of Services should be amended as follows: The services to be performed by the ENGINEER under this AMENDMENT NO, 1 relate to observation services during construction of the Owasso Wastewater Treatment Plant and Main Lift Station Expansion, Project No. OWAS1700154 as further defined below. Further, it Is understood and agreed that the work which is the subject of this AMENDMENT NO. 1 shall commence upon execution of this AMENDMENT NO. 1 and after receipt of a Notice to Proceed. B.1 CONSTRUCTION OBSERVATIONS. Remains as authorized in the original Agreement and supplemented as follows: B.1.1 The ENGINEERING shall provide additional part -time RPR services totaling 144 hours based on the estimated period for additional construction starting in March 2023 and ending in June 2023. Services that are required after this time period will be considered to be beyond the scope of this AMENDMENT NO, 1. 8.1.2 The RPR duties and responsibilities are as described in paragraph B.1.2. of the original Agreement and for the duration of AMENDMENT NO. 1. B.2 QUALITY CONTROL TESTING. B.2.1 The ENGINEER shall arrange for and provide, through a subcontract, additional testing laboratory services for testing requested by the AUTHORITY for the duration of AMENDMENT NO. 1 and up to an amount not to exceed the Testing Allowance per Attachment D -1. Attachment B -1 B -1 Attachment D -1 Owasso Public Works Authority Wastewater Treatment Plant and Main Lift Station Expansion Compensation Greeley and Hansen LLC January 2023 D. COMPENSATION. The AUTHORITY agrees to pay, as compensation for services set forth in the AMENDMENT NO. 1, the following fees, payable monthly as the work progresses; and within 30 calendar days of receipt of Invoice. ENGINEER shall submit monthly Invoices based upon actual hours used and deliverables provided at the time of billing, (See Attachment E -1 — Services Fee Schedule). DA For the work under CONSTRUCTION OBSERVATIONS, Attachment B -1, paragraph B.1, and provided, that the Construction Contractor completes all construction within the time for completion specified In the Construction Contract Documents, not to exceed amount of Twenty -One Thousand Eight Hundred Three and 00/100 Dollars ($21,803). D.2 For the work under QUALITY CONTROL TESTING, Attachment B, paragraph B.3, and provided, that the Construction Contractor completes all construction within the time for completion specified in the Construction Contract Documents, not to exceed amount of Three Thousand and 00/100 Dollars ($3,000.00) D.3 Other Engineering Services, not included In the foregoing, when authorized in writing by the AUTHORITY, shall be paid -for by Amendment. Attachment D -1 D -1 Attachment E -1 Owasso Public Works Authority Wastewater Treatment Plant and Main Lift Station Expansion Services Fee Schedule Greeley and Hansen LLC January 2023 TASK DESCRIPTION PM RPR ADMIN ASST TOTAL Average Hourly Rate, Dollars Total Direct Labor (Hrs. x Rate) Overhead and Profit (Direct Labor Overhead/Profit Factor) $ 269.28 $ 89.76 $ 179.52: $ 140.19 $ 57.22 $ 82.97 ;$ 75.00 !$ - 25.00 $ 60.00 FIELD SERVICES DURING CONSTRUCTION Part-time Construction Observations 6 144 $ 21,803 $ Subtotal Labor 6 144 $ 21,803 OTHER DIRECT COSTS Testing Allowance Includes 5% markup) $ 3,000 Travel $ _ Express Mail $ _ Reproduction $ Subtotal ODCs $ 3,000 TOTAL ;$ 24,803 Attachment E Page 1 1/23/2023 69i�55_0 xw r..W.. cn.,..w.. a a�.� TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Recycle Center Expansion Project — Contract Award DATE: March 3, 2023 BACKGROUND: The Owasso Recycle /Convenience Center (Center) has been a successful endeavor over the last 30 years. From its inception, residents of Owasso have brought recyclables, such as aluminum, plastics, oil, batteries and glass. In addition, large waste items are disposed of in the roll -off containers at the convenience center for disposal at the landfill. Currently 17,000 customers visit the Center annually to recycle items and /or utilize the convenience center to dispose of large objects that do not fit in the poly cart containers. On a Saturday, staff has counted as many as 600 customers visiting the recycle /convenience. Since the Center serves the purpose of allowing residents to dispose of recyclables and dispose of large waste, the Center can easily get overwhelmed. Staff has studied the possibility of constructing a new facility south of the current Center but the cost is insurmountable. Staff developed a plan few years ago to utilize the city owned property west of the Center as a 24 -hour recycle center. This new feature would allow residents to dispose of recyclables 24 hours a day. Since disposing recyclables is free to the public, there would be no need to staff the 24- hour center. Customers can drive through the facility, dispose of their recyclables at the designated bins and leave. By providing this service, congestion will be reduced at the convenience center on weekends, providing a better service to Owasso residents. City staff developed a concept and discussed that idea with a site development engineer. SOLICITATION OF BIDS: In January 2023, Casement Engineering and City Engineering staff completed final bid documents, and published advertisements in accordance with state statutes on January 6th and 131h, 2023. A mandatory pre -bid meeting was held on February 7, 2023 and bids were opened on February 14th, with a total of three (3) contractors submitting bids. City Engineering staff completed a Bid Tabulation, showing the bid amounts and engineering estimate: Engineering Estimate $735,558.00 Daris Contractors, LLC $892,597.00 Limestone Construction, LLC $1,030,509.28 Barnes Construction Solutions, Inc. $1,265,417.00 Daris Contractors provided the lowest qualified bid in the amount of $892,597.00. Included in the project is a project allowance of $50,000.00 should the final project cost require additional scope of work unforeseen at the time of bidding. Recycle Center Project Page 2 of 2 All project bids came in over the Engineer's Estimate. Staff reviewed the bids and attributed the escalated costs to the continual increases in concrete materials, which this project has a large quantity of concrete pavement associated with it. FUNDING: Funding is available in the OPWA Recycle Budget. RECOMMENDATION: Staff recommends awarding the construction contract to Doris Contractors, LLC of Catoosa, Oklahoma, in the amount of $892,597.00, and authorization to execute all necessary documents. ATTACHMENTS: Site Map Contract Documents Recycle Center Expansion 141,1lots { I tx t solo a 302 i 304 1 t" = 200 ft Location Map 02/28/2023 SQ arn. me,e.n�rnei,..u�n This map may represens a visual display of related geographic information- Data provided here on is not guarantee of acutuaI field cond¢ ions. To be sure cF complete accuracy,, please contact the responsib le st f"formost up -to -date in formation_ 6' L C� 11 � �) ► [ I Z I Zi it Z I ; AGREEMENT THIS AGREEMENT is dated as of the 7" day of March, 2023, by and between The Owasso Public Works Authority, Owasso, Oklahoma (hereinafter called OWNER) and Daris Contractors, LLC (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: Recycle Center Expansion OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: This project consists of constructing of a 24 -hour recycle convenience center on South Main in Owasso, OK, adjacent to the existing convenience center. The project will include site grading of a 1 -acre site. The site will include utility relocation; pavement removal; earthwork that may include over - excavation; asphalt access road,- concrete driveway aprons; construction of 9 recycle bin bays, which includes placement of 500 CY of concrete pavement, electrical work for site lighting and power, security cameras, steel railing and other ancillary items. 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 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 One Hundred and Twenty (120) calendar days from the date of Notice to Proceed, and completed and ready for final payment in accordance with the General Conditions within One Hundred and Fifty (150) calendar days from the date of Notice to Proceed. The date of final completion will, therefore, 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 Eight Hundred Ninety -Two Thousand, Five Hundred Ninety -Seven and no /100, $892,597.00. 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 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 95% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) 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 97.5% 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 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 two (2) years 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 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). 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, consisting of Sheets 1 to 13, inclusive, and Standard Drawings. 7.21 Addendum Numbers 1 to 1, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award. 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. 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. 8.3 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. This Agreement will be effective on March 7th 2023. OWNER: M Kelly Lewis, Authority Chair (SEAL) ATTEST: Juliann M. Stevens, Authority Clerk Approved as to form: Julie Lombardi, Authority Attorney Address for giving notices: 200 South Main St. Owasso OK 74055 CONTRACTOR: (SEAL) Name Title OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 02/25123 Department Payroll Expenses Total Expenses 400 OPWA Administration 17,783.57 26,536.22 405 Utility Billing 7,752.82 13,303.98 420 Water 16,656.53 26,955.15 450 Wastewater 14,434.26 23,877.36 455 Wastewater Collection 15,591.66 26,422.67 480 Refuse 16,872.05 28,509.20 485 Recycle Center 3,481.60 5,935.82 FUND TOTAL 92,572.49 151,540.40