CITY OF SHAWNEE POTTAWATOMIE COUNTY, OKLAHOMA CONTRACT. for CONTRACT NO. COS-SMA SANITARY SEWER REHAB PROJECT (VARIOUS LOCATIONS)

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1 CITY OF SHAWNEE POTTAWATOMIE COUNTY, OKLAHOMA CONTRACT for CONTRACT NO. COS-SMA SANITARY SEWER REHAB PROJECT (VARIOUS LOCATIONS) City of Shawnee P O Box 1448 Shawnee, Oklahoma SHAWNEE MUNICIPAL AUTHORITY

2 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONTRACT NO. COS-SMA SANITARY SEWER REHAB PROJECT (VARIOUS LOCATIONS) SHAWNEE MUNICIPAL AUTHORITY, OKLAHOMA CONTENTS I. INSTRUCTIONS AND BID DOCUMENTS Notice to Bidders BI 1-2 Information to Bidders BI 3-5 Bid Form BF 1-3 Bid Affidavits BA 1-2 Bid Bond BB 1-2 II. CONTRACT DOCUMENTS Agreement A 1-2 Equal Opportunity Clause EOC 1-2 Performance Bond PB 1-2 Statutory Bond SB 1-2 Maintenance Bond MB 1-2 Notice of Award and Acknowledgment Notice to Proceed and Acknowledgment Change Order Form Pay Request Form NA 1 NP 2 CO 1-2 PR 1-2 III. GENERAL PROVISIONS Definition of Terms Scope of Work Control of Work and Materials Legal Relations and Responsibiliy to the Public Prosecution and Progess Supplemental General Conditions GP 1-3 GP 4 GP 4-6 GP 7-10 GP SGC 1-2 IV. TECHNICAL SPECIFICATIONS Standard Sewer Line Detail Special Provisions Map of Locations SS 1-2 SP 1-63 ML 1-5

3 I. INSTRUCTIONS AND BID DOCUMENTS

4 NOTICE TO BIDDERS Sealed BIDS will be received by the Shawnee Municipal Authority, 16 W. 9 th Street, P.O. Box 1448, Shawnee, Oklahoma , until 4:00 p.m., Monday, August 16, 2010, for: CONTRACT NO. COS-SMA SANITARY SEWER REHAB PROJECT (VARIOUS LOCATIONS) Instructions and BID documents are available to qualified bidders at the office of the Utility Director, 111 S. Kickapoo, Shawnee, Oklahoma A BID FORM will be issued by the Shawnee Municipal Authority. Each BID shall be filed in a sealed envelope. On the front of each envelope shall be written the following words to the left of the address: BID: CONTRACT NO. COS-SMA SANITARY SEWER REHAB PROJECT (VARIOUS LOCATIONS) Project shall consist of construction of approximately 3,950 linear feet of 8 trenchless sewer rehab installation, 375 linear feet of 10 trenchless sewer rehab installation, and 91 sewer service connections, and all necessary work related thereto. BIDDERS must obtain Bid Documents directly from the Shawnee Municipal Authority in order for Bids to be acknowledged. A Pre-Bid Conference is scheduled for Wednesday, August 4, 2010 at 10:00 A.M. at the City Hall Commission Chambers, 16 W. 9 th St, Shawnee, Oklahoma. The ORIGINAL BID shall be filed with the City Clerk of the City of Shawnee, together with a sworn anti-collusion affidavit in writing that the BIDDER has not entered into any agreement, expressed or implied, with any other bidder, or bidders, for the purpose of limiting the bid, or bidders or parcel out to any bidder, or bidders or any other persons, any part of the contract or subject matter of the bid. The BIDS filed with the City Clerk will be opened and considered by the Board of City Commissioners at a Public Meeting in the City Hall Commission Chambers, at 16 W. 9 th Street, Shawnee, Oklahoma, at 6:30 p.m., Monday, August 16, The Shawnee Municipal Authority reserves the right to reject any or all BIDS. SHAWNEE MUNICIPAL AUTHORITY BI 1

5 (SEAL) ATTEST: By: A MUNICIPAL CORPORATION Brian McDougal City Manager Phyllis Loftis City Clerk BI 2

6 INFORMATION FOR BIDDERS BIDS will be received by the Shawnee Municipal Authority (herein called the "OWNER"), at the Office of the CITY CLERK until 4:00 p.m., August 16, The BIDS will be opened and considered by the Board of City Commissioners at a Public Meeting in the City Hall Commission Chambers, Shawnee, Oklahoma, at 6:30 p.m., Monday, August 16, The ORIGINAL COPY of the BID shall be filed with the Clerk of the City of Shawnee, together with a sworn anti-collusion affidavit in writing that the BIDDER has not entered into any agreement, expressed or implied, with any other bidder, or bidders, for the purpose of limiting the bid, or bidders or parcel out to any bidder, or bidders or any other persons, any part of the contract or subject matter of the bid. Each BID must be submitted in a sealed envelope, addressed to the SHAWNEE MUNICIPAL AUTHORITY, at the office stated above. On the front of each envelope shall be written the following words to the left of the address: BID: CONTRACT NO. COS-SMA SANITARY SEWER REHAB PROJECT (VARIOUS LOCATIONS) AUGUST 16, 2010 The envelope should bear on the outside the name of the BIDDER, his address, his license number if applicable and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER at the Office of the City Clerk, City of Shawnee, and P.O. Box 1448, Shawnee, OK All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required in each bid package. The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period; the time may be extended by mutual agreement between the OWNER and the BIDDER. BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID The CONTRACTOR will be responsible for restoring each site to as good or better than its original condition. The CONTRACTOR will also be responsible for traffic control and any BI 3

7 bypass pumping during project. The CONTRACTOR is responsible for all street cuts and repairs, which must meet City of Shawnee paving standards. Schedule by examination of the site and review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done. The CONTRACT DOCUMENTS contain the provisions required for the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract. The BID FOR THIS PROJECT must be accompanied by a BID bond payable to the OWNER for five percent of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three (3) lowest responsible BIDDERS. When the Agreement is executed the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the Contract, Statutory and Performance BONDS have been executed and approved after which it will be returned. A certified check may be used in lieu of a BID BOND. A Performance BOND, and a Statutory BOND each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract. Attorneys-in-fact who sign BID BONDS or Statutory BONDS and Performance BONDS must file with each BOND a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the Performance and Statutory Bonds within ten [10] calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. In case of failure of the BIDDER to execute the Agreement, the OWNER may at his option consider the BIDDER in default in which case the BID BOND accompanying the proposal shall become the property of the OWNER. The OWNER within ten (10) days of receipt of acceptable Performance, Statutory, and Maintenance BONDS and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the bidder may by WRITTEN NOTICE withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER. BI 4

8 The NOTICE TO PROCEED shall be issued within ten [10] days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period; the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party. The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the work contemplated therein. A conditional or qualified BID will not be accepted. Award will be made to the lowest responsible BIDDER. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for the reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID. The low BIDDER shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when requested to do so by the OWNER. Bidders on this work will be required to comply with Title VI of the Civil Rights Act of 1964, and with the President's Executive Order 11246, as amended. The requirements for Bidders and Contractors under this order are indicated in the Contract Documents. Inspection trips for prospective BIDDERS may be arranged with Darlene Lackey. She may be contacted at The project shall consist of construction of approximately 3,950 linear feet of 8 trenchless sewer rehab installation, 375 linear feet of 10 trenchless sewer rehab installation, and 91 sewer service connections, and all necessary work related thereto. BI 5

9 BID FORM CONTRACT NO. COS-SMA SANITARY SEWER REHAB PROJECT (VARIOUS LOCATIONS) SHAWNEE MUNICIPAL AUTHORITY SHAWNEE, OKLAHOMA SUBMITTED TO: Phyllis Loftis, City Clerk City of Shawnee 16 W. 9 th Street P. O. Box 1448 Shawnee, OK The undersigned Bidder declares that before preparing this bid he read carefully the Instructions to Bidders and the plans and detailed specifications and that his bid is made with full knowledge of the kind, quality and quantity of the materials or services to be furnished. 2. The undersigned bidder offers and proposes to furnish the materials, equipment, or other services hereinafter set forth, in the manner and under the conditions and in accordance with the specifications on file in the office of the City Clerk of the City of Shawnee for the following prices: Qnty. Unit Total Description No Price Unit Price 1.) Trenchless Sewer Rehab ( 8 Gray SDR17) 3950 $ L.F $ 2.) Trenchless Sewer Rehab ( 10 Gray SDR17) 375 $ L.F $ 3.) Sewer Service Connection (Fused Saddles) 91 $ EA $ 4.) Replace 17 Manhole & Ring/Lid 1 $ EA $ 5.) Manhole Rehab 100 $ L.F $ Total Base Bid $ 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that; (a) Bidder has examined copies of all Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): DATE NUMBER (b) Bidder has familiarized himself with the nature and extent of the Contract Documents, Work, Site, Locality and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the work. BF-1

10 (c) (d) (e) (f) (g) (h) Bidder has studied carefully all reports and drawings of surface conditions and drawings of physical conditions which are identified in the Supplementary Conditions, and accepts the determinations set forth in the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above), which pertain to the surface or physical conditions at the site or otherwise may affect the costs, progress, performance or furnishing of the work as Bidder considers necessary for the performance or furnishing of the work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. Bidder has reviewed and checked all information on data shown or indicated on the contract documents with respect to existing facilities at or contiguous to the site and assumes responsibility for the accurate location of said facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said facilities are or will be required by Bidder 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 specifically the provisions of Paragraph 4-3 of the General Conditions. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. Bidder has given the Utility Director written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and written resolution thereof by the Utility Director is acceptable to Bidder. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder or submit a false or sham Bid; Bidder has not solicited or induced any BF-2

11 person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. Bidder agrees that the work will be substantially complete within 180 calendar days after the date when the Contract Time commences to run as provided in Paragraph 2.3 of the General Conditions, and complete and ready for Payment within 180 calendar days after the date when the Contract Time commences to run. Bidder accepts the provisions of the Agreement as to liquidate damages in the event of failure to complete the Work on time. 5. The following documents are attached to and made a condition of this Bid: a. A tabulation of Subcontractors, suppliers, and other persons and organizations required to be identified in this Bid; and b. Bid Affidavits. 6. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meaning assigned to them in the General Conditions. This proposal for Contract No. COS-SMA Sanitary Sewer Rehab Project is submitted on: Date: By: FIRM NAME Seal (If Bidder is a Corporation) Signature Name & Title Address City, State, ZIP BF-3

12 NON-COLLUSION AFFIDAVIT STATE OF } } SS: COUNTY OF }, of lawful age, being first duly sworn, on oath says that he/she is the agent authorized by the CONTRACTOR to submit the attached Proposal. Affiant further states that the CONTRACTOR has not been a party to any collusion among the Proposers in restraint of freedom of competition by agreement to Propose at a fixed price or to refrain from submitting a Proposal; or with any City official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussions between the Proposers and any City official concerning exchange of money or other thing of value for special consideration in the awarding of a contract; that the undersigned/proposer has not paid, given or donated or agreed to pay, give or donate to any officer or employee of the City of Shawnee, Oklahoma, any money or other thing of value, either directly or indirectly, in the procuring of the award of a contract pursuant to this Proposal. FIRM NAME By: Sworn before me this day of, 2010 Notary Public My commission expires BA-1

13 BUSINESS RELATIONSHIP AFFIDAVIT STATE OF } } SS: COUNTY OF }, of lawful age, being first duly sworn, on oath says that he/she is the agent authorized by the CONTRACTOR to submit the attached Proposal. Affiant further states that the nature of any partnership, joint venture, or other business relationship presently in effect or which existed within one (1) year prior to the date of this statement with any party to the prospective contract is as follows: Affiant further states that any such business relationship presently in effect or which existed within one (1) year prior to the date of this statement between any officer or director of the Proposing company and any other party to the prospective contract is as follows: Affiant further states that the names of all persons having such business relationships and the positions they hold with their respective companies or firms are as follows: (If none of the business relationships herein above mentioned exist, affiant should so state). AFFIANT Sworn before me this day of, 2010 Notary Public My commission expires BA-2

14 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the SHAWNEE MUNCIPAL AUTHORITY, OKLAHOMA, as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of, The Condition of the above obligation is such that whereas the Principal has submitted to the SHAWNEE MUNICIPAL AUTHORITY, OKLAHOMA a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the SANITARY SEWER REHAB PROJECT (VARIOUS LOCATIONS) CONTRACT NO. COS-SMA NOW, THEREFORE, (a) (b) If said BID shall be rejected, or If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto [properly completed in accordance with said BID] and shall furnish a Bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by the extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. BB 1

15 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by proper officers, the day and year first set forth above. Principal By: Surety IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list [Circular 570 as amended] and be authorized to transact business in the state where the project is located. BB 2

16 II. CONTRACT DOCUMENTS

17 AGREEMENT THIS AGREEMENT, made this day of, 2010, by and between THE SHAWNEE MUNICIPAL AUTHORITY, OKLAHOMA, hereinafter called "OWNER" and, doing business as a sole proprietor, hereinafter called "CONTRACTOR": WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the following: CONTRACT NO. COS-SMA SANITARY SEWER REHAB PROJECT (VARIOUS LOCATIONS) 2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the completion of the PROJECT described herein. 3. The CONTRACTOR commence the work required by the CONTRACT DOCUMENTS within ten (10) calendar days after the date of receipt of the Notice to PROCEED, and will complete the same within sixty (90) calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ or as shown in the BID form. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) (B) (C) (D) (E) (F) (G) (H) Notice to BIDDERS Information for BIDDERS BID form and Schedule BID BOND Agreement Performance BOND Statutory BOND Maintenance BOND A 1

18 (J) SPECIFICATIONS prepared or issued by the Utility Department of the SHAWNEE MUNICIPAL AUTHORITY. (K) ADDENDA: NO., dated, NO., dated, The OWNER will pay the CONTRACTOR in full to be made upon the acceptance of the project by the Shawnee Municipal Authority Utility Department. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three (3) copies each of which shall be deemed an original on the date first above written. 8. This Contract shall be governed by the laws of the State of Oklahoma both as to interpretation and performance. SHAWNEE MUNICIPAL AUTHORITY A MUNICIPAL CORPORATION ATTEST: By: Phyllis Loftis City Clerk Brian McDougal City Manager Date CONTRACTOR: By: Title: A 2

19 EQUAL OPPORTUNITY CLAUSE (Provisions of subsections (1) through (7) of Section 202 of Executive Order 11246, as amended) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmation action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous place available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order No of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order N of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of the contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be EOC 1

20 declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the provisions of Paragraph (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." EOC 2

21 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the SHAWNEE MUNICIPAL AUTHORITY, OKLAHOMA, as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with OWNER, dated the day of, 2010, a copy of which is hereto attached and madea part hereof for the construction of: CONTRACT NO. COS-SMA SANITARY SEWER REHAB PROJECT (VARIOUS LOCATIONS) NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts each one of which shall be deemed an original. Signed, this day of, PB 1

22 ATTEST: Secretary Principal Address Seal (If Corporation) ATTEST: Witness (To Principal) Address Surety Secretary (Surety) Seal Witness (To Surety) Attorney-in-fact Address Address NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. PB 2

23 STATUTORY BOND KNOW ALL MEN BY THESE PRESENTS: we, the undersigned as Principal, and under the laws of the State a corporation organized and authorized to transact business in the State of Oklahoma, as Surety, are hereby held and firmly bound unto the SHAWNEE MUNICIPAL AUTHORITY, OKLAHOMA, as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns, by these presents. The condition of this obligation is such that: WHEREAS, said Principal entered into a written CONTRACT with the SHAWNEE MUNICIPAL AUTHORITY, OKLAHOMA, dated, 2010, for the: CONTRACT NO. COS-SMA SANITARY SEWER REHAB PROJECT (VARIOUS LOCATIONS) all in compliance with the plans and specifications therefore, made a part of said CONTRACT and on file in the office of the City Clerk, City of Shawnee, 16 W. 9 th, P. O. Box 1448, Shawnee, OK, NOW, THEREFORE, if said Principal shall fail or neglect to pay all indebtedness incurred by said Principal or subcontractors of said Principal who perform work in the performance of such contract, for labor and materials and repairs to and parts for equipment used and consumed in the performance of said contract within thirty (30) days after the same becomes due and payable, the person, firm, or corporation entitled thereto may sue and recover on this bond, the amount so due and unpaid. In WITNESS WHEREOF, the said Principal has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its duly authorized officers, and the said Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its attorney-in-fact, duly authorized so to do, the day and year first above written. Signed, this day of, 2010 SB 1

24 ATTEST: Secretary Principal Address Seal (If Corporation) ATTEST: Witness (To Principal) Address Surety Secretary (Surety) Seal Witness (To Surety) Attorney-in-fact Address Address NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. SB 2

25 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: we, the undersigned as Principal, and under the laws of the State a corporation organized and authorized to transact business in the State of Oklahoma, as Surety, are hereby held and firmly bound unto the SHAWNEE MUNICIPAL AUTHORITY, OKLAHOMA, as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns, by these presents. The condition of this obligation is such that: WHEREAS, said Principal entered into a written CONTRACT with the SHAWNEE MUNICIPAL AUTHORITY, OKLAHOMA, dated, 2010, for CONTRACT NO. COS-SMA SANITARY SEWER REHAB PROJECT (VARIOUS LOCATIONS) all in compliance with the plans and specifications therefore, made a part of said CONTRACT and on file in the office of the City Clerk, City of Shawnee, and 16 W. 9 th Street, P. O. Box 1448, Shawnee, OK, NOW, THEREFORE, if said Principal shall pay or cause to be paid to the Shawnee Municipal Authority all damages, loss, and expense which may result by reason of defective materials and/or workmanship in connection with said work, occurring within a period of two (2) years ({one hundred (100%) percent for first year, then (10%) for one year thereafter, of total contract price} for all projects for the construction of utilities) from and after acceptance of said project by Shawnee Municipal Authority ; and if Principal shall pay or cause to be paid all labor and materials, including the prime contractor and all subcontractors; and if principal shall save and hold Shawnee Municipal Authority harmless from all damages, loss and expense occasioned by or resulting from any failure whatsoever of said Principal, then this obligation shall be null and void, otherwise to be and remain in full force and effect. It is further expressly agreed and understood by the parties hereto that no changes or alterations in said Contract and no deviations from the plan or mode of procedure herein MB 1

26 fixed shall have the effect of releasing the sureties, or any of them, from the obligations of this BOND. IN WITNESS WHEREOF, the said Principal has caused these presents to be executed in his name and its corporate seal to be hereunto affixed by its duly authorized officers, and the said Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its attorney-in-fact, duly authorized so to do. Signed, this day of, ATTEST: Secretary Principal Address Seal (If Corporation) Witness (To Principal) Address ATTEST: Surety Secretary (Surety) Seal Witness (To Surety) Attorney-in-fact Address Address NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. MB 2

27 TO: NOTICE OF AWARD PROJECT: CONTRACT NO. COS-SMA-COS SANITARY SEWER REHAB (VARIOUS LOCATIONS) The SHAWNEE MUNICIPAL AUTHORITY has considered the BID submitted by you for the above described work in response to its Advertisement for Bids dated August, Information for Bidders. You are hereby notified that your BID in the amount of $ has been accepted. You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance BOND and Statutory BOND, each in the amount of 100% of the contract price, along with certificates of insurance, all within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of, ATTEST: Phyllis Loftis City Clerk SHAWNEE MUNICIPAL AUTHORITY A MUNICIPAL CORPORATION By: Brian McDougal City Manager Date ACKNOWLEDGEMENT OF NOTICE PROJECT: CONTRACT NO. COS-SMA SANITARY SEWER REHAB (VARIOUS LOCATIONS) Receipt of the NOTICE OF AWARD for the above referenced project is hereby acknowledged this the day of, BY Title (Please sign and return one copy of this form to City of Shawnee) NA 1

28 NOTICE TO PROCEED TO: PROJECT: CONTRACT NO. COS-SMA SANITARY SEWER REHAB (VARIOUS LOCATIONS) You are hereby notified to commence WORK in accordance with the Agreement dated, 2010, on or before, 2010, and you are to complete the WORK within 180 calendar days thereafter. Therefore, the approximate date of completion is, Dated this day of, SHAWNEE MUNICIPAL AUTHORITY A MUNICIPAL CORPORATION ATTEST: Phyllis Loftis City Clerk By: Brian McDougal City Manager Date ACKNOWLEDGEMENT OF NOTICE PROJECT: CONTRACT NO. COS-SMA SANITARY SEWER REHAB (VARIOUS LOCATIONS) Receipt of the NOTICE TO PROCEED for the above referenced project is hereby acknowledged this the day of, BY Title (Please sign and return one copy of this form to City of Shawnee) NP 1

29 CHANGE ORDER CHANGE ORDER NO. DATE: AGREEMENT DATE: SANITARY SEWER REHAB PROJECT (VARIOUS LOCATIONS) OWNER: SHAWNEE MUNICIPAL AUTHORITY CONTRACTOR: The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: $ Original CONTRACT PRICE: $ Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ The CONTRACT PRICE Due to this CHANGE ORDER will be (increased) (decreased) by: $ The new CONTRACT PRICE including this CHANGE ORDER will be $ The CONTRACT TIME will be (increased) (decreased) by calendar days. CO - 1

30 The date for completion of all work will be. Approvals Required: To be effective this Order must be approved by the Federal Agency (If Applicable) if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. Requested by: Recommended by: SHAWNEE MUNICIPAL AUTHORITY Ordered by: Accepted by: Contractor Dated this day of, SHAWNEE MUNICIPAL AUTHORITY A MUNICIPAL CORPORATION By: Brian McDougal City Manager CO - 2

31 SHAWNEE MUNICIPAL AUTHORITY ESTIMATE NO. SHEET OF SHEETS 111 S. KICKAPOO SHAWNEE, OK PROJECT DESCRIPTION: CONTRACT NO. COS-SMA SANITARY SEWER REHAB (VARIOUS LOCATIONS) IN ACCOUNT WITH: ADDRESS: PAYMENT REQUEST ITEM NO. DESCRIPTION OF ITEM UNIT ESTIMATED QUANTITIES TOTAL WORK DONE THIS ESTIMATE TOTAL WORK DONE PREVIOUS ESTIMATE TOTAL WORK DONE ON CONTRACT CONTRACT PRICE AMOUNT PR-1

32 CONTRACTOR S CERTIFICATION I,, the undersigned, upon oath do depose and say that I have full knowledge of the above and foregoing account, that the said account is just, correct, due and according to law and that the amount claimed after allowing all just credits, is now due and wholly unpaid, and that I am authorized to make this affidavit, so help me God. CLAIMANT BY: Subscribed and sworn to before me 20. My Commission expires 20. Notary Public: DIRECTOR S CERTIFICATION I certify that I have checked and verified this Estimate No. for the period of to, inclusive, that to the best of my knowledge and belief it is a true and correct statement of work performed and/or materials included in this estimate has been inspected by me and/or my duly authorized representative and that it has been performed and/or supplied in full accordance with the terms and conditions of the Contract. Original Contract Amount $ Total Additions $ Total Deductions $ Contract as Revised to Date $ Total Amount of Work Done to Date $ Materials on Hand $ Total Work and Materials $ Amount Retained ( ) Per Cent $ Balance $ Less Previous Payments $ Amount Due on Contract Estimate $ Days Allowed in Contract Days Consumed This Estimate Days Previously Consumed Total Days Consumed to Date Days Remaining in Contract Remarks: BY: Utility Director I hereby certify that all of the contract requirements as specified under the Labor Standards have been complied with by as principal contractor and by each sub-contractor employing mechanics and labors at the site of the work, or there is an honest dispute with respect to the required provisions. BY: Title PR-2

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