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HomeMy WebLinkAbout2012.05.15_OPWA Agendar. PUBLIC NOTICE OF THE MEETING OF THE AGENDA 1. Call to Order Chairman Doug Bonebrake 2. Roll Call 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. Approval of the Minutes of the May 1, 2012 Regular Meeting and the May 8, 2012 Special Meeting Attachment # 3 -A B. Approval of Claims Attachment # 3 -13 C. Acknowledge receipt of the monthly budget status report Attachment # 3 -C 4. Consideration and appropriate action relating to items removed from the Consent Agenda 5. Consideration and appropriate action relating to a request for approval of an Engineering - Service Agreement for the Ranch Creek Interceptor improvements Mr. Roger Stevens Attachment #5 4�. Staff recommends approval of an Engineering Service Agreement for the Ranch Creek Interceptor improvements. 1 6. Consideration and appropriate action relating to a request for approval of a lease - purchase agreement between the City of Owasso, the Owasso Public Works Authority, and the First Bank of Owasso, for the purchase of real property located at the southwest corner of E 76th Street North and S Main Street, former site of the Firlt Bank of Owasso. Mr. Rodney Ray Staff recommends approval of a lease- purchase agreement for the purchase of real property. 7. Report from OPWA Manager 8. Report from OPWA Attorney 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 0 OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, May 1, 2012 The Owasso Public Works Authority met in regular session on Tuesday, May 1, 2012 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m, on Friday, April 27, 2012. 1 ITEM I CALL TO ORDER n �* ■ PRESENT Doug Bonebroke, Chairman Steve Cataudello, Trustee Charlie Brown, Trustee Patrick Ross, Trustee nozzogre"Al ABSENT Bryan Stovall, Vice Chairman STAFF Rodney Ray, Authority Manager ITEM 3 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR TRUSTEE APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the April 17, 2012 Regular Meeting B. Approval of Claims Mr. Ross moved, seconded by Mr. Cataudelia, to approve the Consent Agenda with claims totaling $728,289.80, Also included for review were payroll payment reports for pay period 04/21/201Z YEA: Ross, Brown, Cataudella, Bonebrake NAY: one Fv I ITEM 4 CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action required ITEM 5 REPORT FROM OPWA MANAGER 2S =0 0 ITEM 6 REPORT FROM OP WA ATTORNEY ■ No report a. R! Ashley Hickman, Minute Clerk -a �U P: I I 9r I OWASSO CITY COUNCIL, OPWA, AND OPGA MINUTES • JOINT SPECIAL MEETING TUESDAY, May 8, 2012 The Owasso City Council, Owasso Public Works Authority, and Owasso Public Golf Authority met in • special meeting • Tuesday, May 8, 2012 in the Council Chambers • Old Central, 109 N. Birch Street, per the Notice • Public Meeting and Agenda posted on the City Hall bulletin board • 6:00 PM • Friday, May 4, 2012. ITEM 1: CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:00 p.] PRESENT ABSENT Doug Bonebrake, Mayor/Chairman Charlie Brown, Councilor/Trustee Patrick Ross, Councilor/Trustee A quorum was declared present ITEM 2: Oath of Office for Ward I City Councilor Jeri Moberly and Ward 2 City Councilor Chris Kelley Ms. Julie Lombardi performed the Oath of Office for Ward I City Councilor Jeri Moberly and Ward 2 City Councilor Chris Kelley ITEM 3: Election of Mayor, Election of OPWA Chair, Election of OPGA Chair Mayor Bonebrake called for a nomination for the position of Mayor, OPWA Chair, OPGA Cha Mr. Kelley moved, seconded • Ms. Moberly to nominate Mr. Bonebrake for Mayor. I YEA: Ross, Brown, Moberly, Kelley, Bonebrake NAY: None Motion carried 5-0 ITEM 4: Election of Vice Mayor, Election of OPWA Vice Chair, Election of OPGA Vice Chair iT,iayor Bonebrake called for • nomination for the position • Vice Mayor, OPWA Vice Cha-2 OPGA Vice Chair. Mr. Ross moved, seconded • Mr. Brown to nominate Mr. Brown for Vi Mayor, OPWA Vice Chair, OPGA Vice Chair. I YEA: Ross, Brown NAY: Moberly, Kelley, Bonebrake Motion defeated 2-3 ffis. Moberly moved, seconded by Mayor Bonebrake to nominate Mr. Kelley for Vice Mayi OPWA Vice Chair, OPGA Vice Chair. YEA: Moberly, Kelley, Bonebrake NAY: Brown, Ross yj YJ Owasso City Council Moy8,2012 The meeting recessed at 6:10 p.m. for o reception honoring Councilors and newly elected officials. Meeting resumed af6:3Qp.m. ITEM 5: DISCUSSION RELATING TO OPERATIONAL ITEMS /\. Wind Tower Ordinance B. Comprehensive Plan Amendment -9inefyEight C.PU[} and Rezoning -9ineh/ x [}. Final Plot, Stonebhdge E Final Plot, Lokehdge Shopping Center F. Annual Water Quality Report G. Ranch Creek Interceptor Engineering Service Agreement Warren Lehr presented each item and discussion was held. It was further explained that items B, C, D, E, and G will be placed on the May 15 agenda for consideration and appropriia action. I- � ITEM 6: DISCUSSION RELATING TO CITY MANAGER ITEMS A. FY2Ol3 Street Rehabilitation Project List B. Board and Committee Appointments C. Acquisition ofo Building for Future Police Station D. FY2Ol3 Budget Discussion E. City Manger Report Sales Tax Report |NC(]G-2O35 Transportation Plan Roger Stevens presented item A, FY 2013 Street Rehabilitation Project List, and discussion was held. It was further explained that item A will be placed on the May 15 agenda for consideration and appropriate action. Rodney Ray and Julie Stevens presented item B' Board and Committee Appointments, and discussion was held. Rodney Ray and Don Yancey presented item C' Acquisition of Building for Future Police � Station, and discussion was held. |t was further explained that an item will be placed on the May 15 agenda for consideration and appropriate action relating to authohzotion for the City Manager fo negotiate a purchase contract. Rodney Ray presented item [>'FY2Dl3 Budget Discussion. Sherry Bishop gave an update on the Sales Tax Report. Rodney Ray presented the INCOG - 2035 Transportation Plan. Councilor Brown requested special recognition of Henry Bodden, local author, during the May 15 meeting. � Owasso City Council Councilor Brown requested special recognition of Henry Bodden, local author, during the May 15 meeting. ITEM 8: ADJOURNMENT Mr. Brown moved for adjournment, seconded bv Mr. Ross � YEA: BnowA' Kelley, Ross, Moberly, 8onebroke NAY: None Motion carried 5-0. * � MCI WAXIEZ-19A � � m I Claims List 5/15/2012 Budget Unit Title Vendor Name Payable Description Payment Amount OPWA AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 287.84 RONALD STAGGS REFUND SEWER FEE 400.00 STRATEGIC BLDGS INC REFUND SEWER FEE 400.00 STRATEGIC BLDiGS INC REFUND SEWER FEE 400.09 TOTAL OPWA 1,487.84 OPWA ADMINISTRATION UNITED STATES CELLULAR CORPORATION CELL BILL 59.52 JPMORGAN CHASE BANK CHARACTER TRAINING 171.14 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 84.10 WAL -MART CORP SAJW CLUB 77150903608 OPERATING SUPPLIES 227.30 JPMORGAN CHASE BANK ALL BATTERY-EXIT LIGHTS 13.19 JPMORGAN CHASE BANK SHOE CARNIVAL -BOOTS 74.99 TREASURER PETTY CASH VEHICLE TAG 37.50 JPMORGAN CHASE BANK ALL BATTERY-BATTERIES 12.60 JRYORGAN CHASE BANK LIGHTING INC- BULB /BALLAST 262.90 JPMORGAN CHASE BANK REASORS - TRAINING EXPENSE 27.32 STANDLEY SYSTEMS, LLC COPIER K%INTENANCE AGRVINT 235.03 JPMORGAN CHASE BANK LOWES -GATE OPENER 15.04 JPMORGAN CHASE BANK LOWES- LIGHTS 27.88 UNIFIRST HOLDINGS LP UNIFORM RENTAL 43.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 46.00 JPMORGAN CHASE BANK WALMART SUPPLIES 92.74 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 53.34 JPMORGAN CHASE BANK LOWES- CEILING TILES 1,739.00 AT &T CONSOLIDATED PHONE BILL 327.36 TOTAL OPWAADMINISTRATION 3,549.9 UTILITY BILLING TYRONE EUGENE DINKINS METER READER 586.80 CHRISTOPHER JAMES GARCIA METER READER 543.60 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES 2,259.34 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES 1,597.63 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES 1,257.49 TOW C. KIMBALL .METER READER 468.00 KATHLEEN A BALSIGER iMIETER READER 535.95 TOTAL UTILITY BILLING 7,248.81 WATER CITY OF TULSA UTILITIES WATER 105,913.27 CITY OF TULSA UTILITIES WATER 113,282.52 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 41.94 CITY GARAGE LABOR/OVERHEAD CHG -APRI 1,000.00 JPMAORGAN CHASE BANK WATER PROD - SADDLES 2,057.66 SHERWOOD CONSTRUCTION CO, INC CONCRETE 169.00 JPMORGAN CHASE BANK LOWES -WIRE WHEEL 7.96 Page 1 Claims List 5/15/2012 Budget Unit Title Vendor Name Payable Description Payment Amount WATER... JPMORGAN CHASE BANK WATER PROD - COUPLINGS /CLMP 1,402.72 JPMORGAN CHASE BANK LOWES- PROPANE 9.35 JPMORGAN CHASE BANK WATER PROD -CAN REPLACEMNT 157.34 JPMORGAN CHASE BANK WATER PROD - SADDLE 349.27 JPMORGAN CHASE BANK OWASSO LUMBER - MATERIALS 48.88 OWASSO TOP SOIL LOAD YARD DIRT 40.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 43.77 UNIFIRST HOLDINGS LP UNIFORM RENTAL 43.77 CITY GARAGE VEH PARTS & OUTSIDE REP - 447.84 FLEETCOR TECHNOLOGIES FUELMAN - APRIL, 2012 1,423.97 JPMORGAN CHASE BANK LOCKE SUPPLY -PARTS 6.59 JPMORGAN CHASE BANK LOCKE SUPPLY - FAUCET 90.29 JPMORGAN CHASE BANK LOCKE SUPPLY-PARTS 10.00 JPMORGAN CHASE BANK WATER PROD -METER SETS 7,366.53 TOTAL WATER 233,912.67 12" WATER LINE - 106TH ST WATER PRODUCTS OF OKLAHOMA, INC. 11 !6 ST N WATER LINE REPLA 65,193.40 TOTAL 12" WATER LINE -106TH ST 65,193.40 WASTEWATER TREATMENT FLEETCOR TECHNOLOGIES FUELMAN - APRIL, 2012 624.58 JPMORGAN CHASE BANK OFFICE EVERYTHING -TONER 344.37 AT &T CONSOLIDATED PHONE BILL 138.88 JPiORGAN CHASE BANK PIKEPASS -PIKE PASS FEE 2.35 CITY GARAGE VEH PARTS & OUTSIDE REP - 55.06 JPMORGAN CHASE BANK LOWES -KEY HOLDERS 6.87 UNIFIRST HOLDINGS LP UNIFORM RENTAL 55.46 UNIFIRST HOLDINGS LP UNIFORM RENTAL 88.82 GREEN COUNTRY TESTING, INC SLUDGE TESTING 40.00 JPIMORGAN CHASE BANK ALL BATTERY - BATTERIES 36.48 JPMORGAN CHASE BANK DAVE ALLERT CO -INK 228.98 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 31.69 UNIFIRST HOLDINGS LP UNIFORM RENTAL 58.03 JPMORGAN CHASE BANK ALL BATTERY-EXIT LIGHTS 22.49 JPMORGAN CHASE BANK BL116PER TO BUMPER -GAS CAP 6.75 JPMORGAN CHASE BANK WASTEAAGMT- SLUDGE REMOVAL 719.15 JPMORGAN CHASE BANK WATER PROD -BOOTS 102.75 JP'MORGAN CHASE BANK WATER PROD - SUPPLIES 29.15 CITY GARAGE LABOR/OVERHEAD CHG - APRI 500.00 JPMORGAN CHASE BANK WATER PROD - HYDRANTS 941.75 JPMORGAN CHASE BANK ATWOODS -BOOTS 119.99 JPMORGAN CHASE BANK ATWOODS -SPRAY NOZZLES 16.47 STANDARD SUPPLY LAWN & GARDEN BLADE SET FOR WWTP 49.90 JPMORGAN CHASE BANK NCL OF WISC- SUPPLIES 353.83 Page 2 Claims List 5/15/2012 Budget Unit Title I Vendor Name Payable Description jPayment Amou TOTAL WASTEWATER TREATMENT ® C99 i EXPANSION IGREELEY & HANSEN, LLC LBX 619776 1CONSTRUCTION SERVICES 1,017.50 WWTP EXPANSION 1,017.50 TER COLLECTION: VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECTRIC 149.2 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECTRIC 265.4 VERDIGRIS VALLEY ELECTRIC COOP WATER CONTROL ELECTRIC 25.5 VERDIGRIS VALLEY ELECTRIC COOP COFFEE CREEK ELECTRIC 563.0 VERDIGRIS VALLEY ELECTRIC COOP DOUBLE OAKS ELECTRIC 6.2 UNIFIRST HOLDINGS LP UNIFORM RENTAL 35.1 UNIFIRST HOLDINGS LP UNIFORM RENTAL 35.1 ACCURATE ENVIRONMENTAL BOD STUDY 1,450.0 JPMORGAN CHASE BANK LOWES- SCREWS 10.4 JPMORGAN CHASE BANK HOME DEPOT-BATTERIES 62.8 CITY GARAGE VEH PARTS & OUTSIDE REP - 307.7 FLEETCOR TECHNOLOGIES FUELMAN - APRIL, 2012 1,265.7 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 137.1 JPMORGAN CHASE BANK WATER PROD- LOCATE FLAGS 360.0 CITY GARAGE LABOR /OVERHEAD CHG - APRI 833.2 JFIMORGAN CHASE BANK GELLCO -BOOTS 135.0 JPMORGAN CHASE BANK LOWES- HARDWARE 31.6 JPMORGAN CHASE BANK WATER PROD- AATERIALS 230.0 JPMORGAN CHASE BANK WATER PROD - BOOTS /FLOYD 97.5 JPMORGAN CHASE BANK WATER PROD -DYE TABLETS 55.5 JPMORGAN CHASE BANK WATER PROD - MANHOLE REPAIR 475.6 JRMORGAN CHASE BANK WATER PROD -PROBE ROD 67.6 JPMORGAN CHASE BANK WATER PROD - MANHOLE REPAIR 373.7 WASTEWATER COLLECTIONS A FE LIFT STATION (GREELEY & HANSEN, LLC LBX 619776 (ENGINEERING SERVICES 6, L SANTA FE LIFT STATION 6,1 REFUSE COLLECTIONS JPMORGAN CHASE BANK WASTE MGMT REF TPING FEES 8,075.96 FLEETCOR TECHNOLOGIES FUELMAN - APRIL, 2012 7,988.00 AT &T CONSOLIDATED PHONE BILL 23.15 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 63.38 JPMORGAN CHASE BANK LOWES- CLEANOUT TOOLS 19.96 CITY GARAGE VEH PARTS & OUTSIDE REP - 111.74 JPMORGAN CHASE BANK BUMPER26UMPER- SUPPLIES 82.20 UNIFIRST HOLDINGS LP UNIFORM RENTAL 39.59 UNIFIRST HOLDINGS LP UNIFORM RENTAL 56.85 UNITED STATES CELLULAR CORPORATION CELL BILL 59.52 Claims List 5/15/2012 Budget Unit Title Vendor Name Payable Description COLLECTIONS... JPMORGAN CHASE BANK ALSUMA-REPAIRS 11,196.95 ��JPMORGAN CHASE BANK :UNITED ENGINES-bhkC VALVE 55.86 CITY GARAGE LABOR/OVERHEAD CHG - APRI 3,333.33: TOTAL REFUSE COLLECTIONS 21,106.53 RECYCLE CENTER CITY GARAGE LABOR/OVERHEAD CHG - APRI 166.66 NATIONAL WASTE & DISPOSAL, INC. GLASS ROLLOFFS 400.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 10.98 UNIFIRST HOLDINGS LP UNIFORld RENTAL 10.98 LAMBERT BROWN SCALES INC REPAIR RECYCLE SCALE 556.50 JPMORGAN CHASE BANK WASTE-'MGMT-REC TPING FEES 1,198.86 AT&T CONSOLIDATED PHONE BILL 23.141 TOTAL RECYCLE CENTER 2,367.12 ND GMAND TOTAL JA STF DEBT SERVICE 111111i z I II! ejff-1 z I elk to] 51:111TIT"M M-124 I 1111101 if-I Page 4 Al NOTE 1,000. NOTE 1,000. Department OPWA Administration Utility Billing Water Wastewater Wastewater Collection Santa Fe Lift Station Refuse Recycle Center Payroll Expenses Total Expenses 8,347.64 4,428.88 9,379.02 11,748.35 7,007.09 2,000.00 9,255.21 1,054.40 12,486.15 7,539.88 16,189.66 19,895.83 11, 758.35 2,225.60 14,716.07 1,929.53 FUND TOTAL 53,220.59 86,741.07 Y fi OWASSO PUBLIC WORKS AUTHORITY - OPERATING FUND FISCAL YEAR 2011 -2012 Statement of Revenues & Expenses As of April 30, 2012 OPERATING REVENUES: Water Wastewater Refuse & recycle Other fees Interest & other TOTAL OPERATING REVENUES OPERATING EXPENSES: Personal services Materials & supplies Other services Capital outlay Debt service TOTAL OPERATING EXPENSES REVENUES OVER EXPENSES TRANSFERS IN (OUT) Transfers in Transfers out TOTALTRANSFERS OWRB PROCEEDS AND EXPENDITURES Proceeds of OWRB debt Expenditures of OWRB Debt TOTAL OWRB PROCEEDS AND EXPENDITURES NET INCOME (LOSS) WORKING CAPITAL - Beginning Balance WORKING CAPITAL - Ending Balance MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET 341,195 3,956,808 4,613,000 85.78% 251,907 2,578,293 3,286,600 78.45% 137,765 1,445,259 1,753,100 82.44% 28,677 412,990 475,700 86.82% 1,821 377,700 299,900 125.94% 761,366 8,771,050 10,428,300 84.11% 172,520 1,882,140 2,286,411 82.32% 232,046 2,634,991 3,108,610 84.76% 132,923 1,202,905 1,888,767 63.69% 36,641 675,910 754,225 89.62% 140,074 2,710,167 3,077,036 88.08% 714,203 9,1 06,113 11,115,049 81.93% 47,163 (335,063) (686,749) 48.79% - 250,482 249,900 100.23% - (318,671) (300,000) 106.22% - (68,189) (50,100) 136.11% 123,854 2,320,593 7,565,432 30.67% (123,931) (2,322,956) (7,565,432) 30.70% (77) (2,363) - a 47,086 (405,615) (736,849) 2,973,273 2,973,273 2,567,658 2,236,424 } r. L TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Ranch Creek Interceptor Improvements Engineering Services DATE: May 11, 2012 BACKGROUND: The Ranch Creek Sanitary Sewer Interceptor was constructed in 1984. The interceptor is operating at near capacity and provides service to approximately 2,400 acres of existing development located on the west side of HWY 169. In all, 7,500 gross acres are within the Ranch Creek sanitary sewer basin. The 2005 Wastewater Master Plan, prepared by Greely and Hansen, LLC, identified the need for improving this sewer interceptor in order to accommodate additional residential and commercial development by providing adequate conveyance capacity for current and future wastewater flows to the Santa Fe Pump Station. A subsequent study was performed by Kellogg Engineering to address the sanitary sewer overflows and accommodate new residential and commercial development. The improvements are to be upstream of the Santa Fe Pump Station (located on East 76th Street North) and extend to East 96 Street North. The project work includes upgrading the existing 18" sanitary sewer line to a new 36" diameter sewer line. The estimated project cost is $4,000,000 excluding legal and administration fees. On April 17, 2012, City staff presented to the Trustees a project concept and funding source for the Ranch Creek Interceptor Improvement Project. The Owasso Public Works Authority unanimously approved the initiation of the project at that time. REQUEST FOR PROPOSALS: A Request for Qualification /Proposals (RFQ /P) was solicited from three (3) Tulsa area firms with sanitary sewer outfall experience. The Scope of Work is the preparation of an engineering report and environmental information document to be prepared in the Funding Agency Coordinating Team (FACT) format for submittal to ODEQ and the OWRB as required for funding. After initial approvals are complete, route surveys, route layout, preliminary and final design documents will be prepared for submittal to the ODEQ /OWRB for approval. Bidding assistance is also required. Construction administration and resident project representation will be included, but the City of Owasso would reserve the right to perform those duties in- house. The ideal firm(s) would have experience in OWRB -SRF funding projects, as well as, sanitary sewer interceptor alignment and design projects. In addition, the successful team shall be licensed to practice engineering in the state of Oklahoma. EAGINEERING SERVICES AGREEMENT: Task I - Prepare Engineering Report for Funding Task 3 - Prepare Engineering and Property Surveys Task 4 - Prepare Alignment Documents Task 5 - Prepare Design Plans Task 6 - Prepare Legal Desc(iptions/Right-of-way Documents Task 7 - Bid Project Task 8 - Provide Construction Assistance and Record Drawings Kellogg Engineering has developed staff-hour projections for scope of work and submitted o fixed rate fee proposal in the amount of $175,000 or 4.6% of the estimated construction cost. Staff recommends Trustee approval ofon Agreement for Engineering Services for the upgrade of the Ranch [reek Interceptor with Kellogg Engineehng' Inc. in the amount of $175/000 and outhohzotionof the Chairman to execute the agreement. A. Location Map B. 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If i%l'1.■ ■ nuunnul t ►. ::Innunl.l ra ■ ■ ■ ■� i 11!x;'.1 ■��1� ■II ■ ■I' IS Ymmmw1mm MEN It, as 1131 4 + 1111 . ■ ■I■ .NINE • 1 1 1 1!EmI'm 111,,; -] 1 1.11-1 _••iI 1:00�...■ 111. uQ0■ ■■�■■ unnl..:�� ■■ ■n■ �nunr..v.. ■=at Ali MT.= = ■� ■ � Ttl 11 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY UPRADE TO THE RANCH CREEK INTERCEPTOR THIS AGREEMENT, made and entered into this 15th day of May, 2012 between the OWASSO PUBLIC WORKS AUTHORITY, OWASSO, OKLAHOMA, a Municipal Corporation, of Oklahoma, hereinafter referred to as AUTHORITY, and KELLOGG ENGINEEREING, INC., hereinafter referred to as ENGINEER; 6AA1W1z;&QJVA1:1 WHEREAS, AUTHORITY intends to upgrade the RANCH CREEK INTERCEPTOR, hereinafter referred to as the PROJECT; and, WHEREAS, AUTHORITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the OWASSO PUBLIC WORKS AUTHORITY operating budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROJECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROJECT which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. AUTHORITY'S RESPONSIBILITIES. AUTHORITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE AUTHORITY which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. AUTHORITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION and further described in Attachment E, FEE/HOUR BREAKDOWN which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of RANCH CREEK INTERCEPTOR AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C-1 performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by AUTHORITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. C LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the AUTHORITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer-generated drawing files furnished by ENGINEER are for AUTHORITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 81 OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. RANCH CREEK INTERCEPTOR AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C-2 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify the AUTHORITY from and against legal liability for damages arising out of the performance of the SERVICES for the AUTHORITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the AUTHORITY or any other contractor or consultant of the AUTHORITY. 9.2. ENGINEER shall not be liable to the AUTHORITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. AUTHORITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of the AUTHORITY and ENGINEER for contractor's negligence. 10.2. AUTHORITY shall require construction contractor(s) to name the AUTHORITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $10@,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. RANCH CREEK INTERCEPTOR AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS ICA 13. 14. 15. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval by the AUTHORITY. 12.2. ENGINEER shall furnish the AUTHORITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the AUTHORITY. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications( field notes and data shall become and remain the property of the AUTHORITY. 13.2. AUTHORITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at the AUTHORITY'S risk. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. AUTHORITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for the AUTHORITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to the AUTHORITY. In the event of termination or suspension for the AUTHORITY'S convenience, the AUTHORITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted NOTICE. .4 Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: KELLOGG ENGINEERING, INC. 6755 S. 4060 Rd. Talala, OK 74080 Attention: Brian Kellogg, President RANCH CREEK INTERCEPTOR AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS awl, AGREIEMEN T FOR ENGINEERING SERVICE: FOR THE OWASSO PUBLIC WORKS AUTHORITY UPRADE TO THE RANCH CREEK INTERCEPTOR SCOPE OF PROJECT ATTACHNIEN T A SCONE OF PROJECT. The PROJECT shall consist of civil engineering SERVICES described as follows: Design an upgrade of the existing Ranch Creek Interceptor to replace and/or parallel the existing sewer line. Options to replace the line, parallel the line or abandon the line in -place will be evaluated. An engineering report and environmental informational document shall be prepared and approved by the participating agencies. The line shall flow from the Santa Fe Lift Station northward to 96`h Street North and the confluence of the 15' and 12" lines. Project shall include all exporation, right -of -way preparations, construction permitting bidding and all other work detailed in the Scope of Services to complete the project. RANCH CREEK INTERCEPTOR AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C 7 AGREEMENT FOR ENGINEERING SERVICES FOR TI IE OWASSO PUBLIC WORKS AUTHORITY UPRADE TO THE RANCH CREEK INTERCEPTOR Scope of Services Attachment B The services to be performed by the ENGINEER under this AGREEMENT will consist of providing civil engineering services for the SERVICES presented in Attachment A, as directed by the AUTHORITY by a nice to proceed or in a work order. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that all reviews and conceptual designs will be prepared in accordance with the Owasso Design Criteria and Construction Specifications.. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.I.a) Attend initial meeting with Owasso Staff; B.1.b) Provide alignment, topographic and property line surveys for proposed route(s) for upgrades; B.1.c) Provide geotechnical report for preferred alignment; B.1.d) Prepare Approvable Engineering Report in the Funding Agency Coordinating Team format and ODEQ requirements; B.l.e) Prepare Approvable Environmental Information Document as required by the Funding Agency Coordinating Team; B.1-f) Prepare USACE 404 permits as needed B.l.g) Attend agency meetings as needed during plan review; B.l.h) Attend OWASSO PUBLIC WORKS AUTHORITY Meetings as needed; B.1d) Attend Public Meetings as needed; B.1.j) Prepare approvable plans and specifications to ODEQ and the OWRB; B.I.k) Prepare a property report for each tract where an easement (whether temporary or permanent) is needed. B.1.1) Provide legal descriptions, exhibit maps and prepare easements for each parcel crossed by the proposed line. B1.m) Stake easement lines as requested. B.1.n) Attend meetings with property owners as necessary; B.l.o) Prepare Railroad crossing permits for crossings; B.1.p) Assist with the funding applications, if needed, and provide engineering related documentation for the process; B.l.q) Prepare contract documents based on the OWRB -CWSRF Guidelines; B.l.r) Conduct bidding process and all services necessary award a construction project; B.1.$) Provide interpretations and clarifications of plans during construction; B.11) Attend final inspection; RANCH CREEK INTERCEPTOR AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C -8 B.1.u) Provicle as -built surveys and plans to AUTHORITY at project completion B.2 Assurnptions and limitations of the engineering services: B.l.a) No formal mitigation procedures are required for environmental issues; B.1.b) No construction staking is included. Responsibility is the Contractor's; B.1.c) Engineer is exempt from paying City of Owasso review fees; B.1.d) Engineer is not responsible for USACE 404 permit under the "USACE Individual Permitting Process" nor any related mitigation; B.1.e) Advertising fees not responsibility of the Engineer; B.1.f) Engineer is not responsible for ODEQ, OWRB, USACE, ODOT, or R &R permits fees; B.1.g) Engineer is not responsible for mitigation credits or any related fees; B.1.h) Engineer is not responsible for right -of -way acquisition or any related fees; B1.i) Engineer is not responsible for the OWRB -CWSRF loan documentation or application; B.1.j) Engineer is not responsible for construction inspection; B.1.k) Engineer is not responsible for project management; B.1.1) Engineer is not responsible for construction management. RANCH CREEK INTERCEPTOR AGRMMIT FOR ENGINEERING SERVICES WITH E%HI61TS C "g AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY UPRADE TO THE RANCH CREEK INTERCEPTOR RESPONSIBILITIES OF THE AUTHORITY ATTACHMENT C RESPONSIBILITIES OF THE AUTHORITY. The AUTHORITY agrees: C.1 Reports, Records, etc: To furnish, as required by the work, and not at the expense of the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the AUTHORITY that may be useful in the work involved under this AGREEMENT C.1.2 Standard construction drawings and standard specifications C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by AUTHORITY. C_2 Access: Provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance: Designate the Authority Engineer (or another individual designated in writing) to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define AUTHORITY'S policies and decisions with respect to materials, equipment elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing AUTHORITY owned utilities and in expediting their relocation as described in Attachment B. Further, AUTHORITY will furnish assistance as required in obtaining locations of other utilities, including excavations to determine depth. C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review: Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. RANCH CREEK INTERCEPTOR AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C -10 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTI 1ORITY UPRADE TO THE RANCH CREEK INTERCEPTOR COMPENSATION ATTACHMENT COMPENSATION. The AUTHORITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as the work progresses; and within 30 calendar clays of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the AUTHORITY may require in substantiation of the amount billed. DA Total Compensation For the work trader this project the total maximum billing including direct costs and subconsultant services shall be One Hundred Seven -five Thousand Dollars and No /100 ($175,000)which amount shall not be exceeded without further written authorization by AUTHORITY. D.2 Subconsultants and Other Professional Associates: All Subcultant and Other Professional Associate costs are included in the Total Compsentation. Services of subcontractors and other professional consultants shall be compensated at actual cost. Subconsultants to be used must be authorized in advance by the AUTHORITY. D.3 Other Direct Costs: All Direct Costs are included in the Total Compensation D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E. D.3.3 Any other direct costs shall be compensated for at actual when authorized in advance by AUTHORITY. DA Additional Services: Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. This includes, but is not limited to, staking of property lines and /or easements for easement acquisition. D.5 Terminated Services: If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. m D.6 Conditions of Payment D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If AUTHORITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to AUTHORITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to AUTHORITY, request renegotiation of compensation. 12 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY UPRADE TO THE RANCH CREEK INTERCEPTOR BILLING RATE SHEET ATTACHMENT E KELLOGG ENGINEERING, INC. Current Hourly Fee Schedule Effective January 1, 2012 Principal Engineer .................. I ................... $11 O/hour Project Manager ........ ............................... $100/hour Registered Professional Engineer ......................... $95/hour Engineering/Drafting GIS Technician ....................... $75/hour Inspector .................. .......................... $45/hour Clerical ...... ........................... ...... $30/hour Direct Expenses ........ ............................... Cost + 15% Travel . . ............................................. $0.55/mile Geotechnical Engineer .............. ...... ......... $95/hour Survey Crew ........................................ $125/hour Registered Surveyor .................................... $75/hour 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY UPRADE TO THE RANCH CREEK INTERCEPTOR SCHEDULE ATTACHMENT F F. SCHEDULE. The schedule for general engineering services for the PROJECT is provided as follows: F.I. Notice to Proceed: 6/1/2012 F.2 Complete EID 6/1/2012 - 9/1/2012 F.3 Alignment Determination 6/1/2012 - 7/1/2012 F.4 Boundary and Topographical Surveys 6/1/2012 - 9/1/2012 F.5 Preliminary Plans/ Engineering Report 8/1/2012 - 12/1/2012 F.6 Complete Preliminary Construction Plans 8/1/2012 - 10/1/2012 F.7 Complete Legal Descriptions/ Acquire R/W 9/1/2012- 11/1/2012 F.8 Complete Geotechnical Investigations 7/1/2012 - 10/1/2012 F.9 Complete Final Construction Plans and Specs 10/1/2012 - 1/1/2013 F.10 Submit plans to City of Owasso 12/1/2012 - 1/1/2013 F.11 Complete Final Contract Documents 1/1/2013 - 2/1/2013 F.12 Complete Funding Application 1/1/2013 - 3/1/2013 F.13 Advertise and Bid Project 7/1/2013 - 8/15/2013 F.14 Project Construction 9/1/2013 - 3/1/2014 F.15 As -built Surveys & Record Drawings 3/1/2014 - 4/1/2014 Substantial Completion: 4/1/2014 14