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A. Partial Payment and Retainage.

1. A contract shall provide for partial progress payments based upon stages of work completed. The contract shall provide that up to ten percent (10%) of all partial payments made shall be withheld as retainage.

2. Procurement officer shall withhold three percent of the contract as contingency for unexpected costs, and shall only be expended by authorization of the Director of Facilities.

B. Withdrawal of Retainage and Deposit of Securities.

1. The contractor may, from time to time, withdraw any part, or the whole, of the amount which has been retained from partial payments to the contractor pursuant to the terms of contract, upon depositing with or delivery to the Procurement Officer, or other appropriate public official designated in the contract document: (a) United States Treasury bonds, United States Treasury notes, United States Treasury bills; or (b) certificates of deposit from a state or national bank having its principal office in the State of Oklahoma. No retained amount shall be withdrawn which would represent an amount in excess of the market value of the securities at the time of deposit or of the par value of such securities, whichever is lower.

2. At the time of deposit of any securities the same shall be endorsed, if necessary, and shall be accompanied by a conditional assignment to the Osage Casinos Chief Financial Officer (CFO) which will empower the Procurement Officer to negotiate same at any time to the extent necessary to cause the contract to be fulfilled. The securities which remain on deposit at the time of completion of any contract and observance by the parties to the contract of any other statutory obligations relative thereto shall be returned to the contractor.

3. Change Orders.

a. Change orders or addenda to contracts shall not exceed the greater of Two Hundred Fifty Thousand Dollars ($250,000.00) or a ten percent (10%) cumulative increase in the original contract amount, whichever is greater.

b. Change orders or cumulative change orders which exceed the limits of subsection (B)(3)(a) of this section shall require a readvertising for bids unless there is a significant detriment to cost or schedule. Justification for change shall be provided in these instances and retained as part of the record.

c. All change orders or addenda which bring the total cost of the contract to at least Two Hundred Fifty Thousand Dollars ($250,000.00) shall be recorded in the permanent records of the Accounting Department.

d. If a contract contains unit pricing, and the change order pertains to the unit price, the change order will not be subject to (B)(3)(a) of this section.

e. Alternates or add items bid with the original bid and contained in the awarded contract as options of the Procurement Officer shall not be construed as change orders under the provisions of this law.

4. Supervisor’s Certification to Accompany Invoices.

a. All statements or invoices submitted to the Procurement Officer for work performed shall contain a certification by the supervising architect or engineer that work for which payment is claimed has been performed and that such work conforms to the plans and specifications for the project. No such statement or invoice shall be paid by the Procurement Officer without such certification. The execution of a certificate, as herein provided, shall not constitute a defense or in any other manner affect any cause or causes of action which the Osage Nation or the Osage Casino might otherwise have against the contractor for nonperformance of a contract.

b. In the event there is not an architect or engineer, the Director of Facilities will render approval on all invoices. ONCA 19-36, eff. Apr. 25, 2019.