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Home My WebLink About2001.08.21_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: Regular DATE: August 21, 2001 TIME: 6:30 p.m. PLACE: Council Chambers, Owasso Community Center Notice and agenda filed in the office of the City Clerk and posted at City Hall at 4:00 p.m. on Friday, August 17, 2001. Marci Boutwell, Autho ity Secretary y L Call to Order Chairman Barnhouse 2. Invocation Jim McElrath, Support Services Director 3. Flag Salute 4. Roll Call S. 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 consent by request. A motion to adopt the Consent Agenda is non-debatable. Owasso Public Works Authority August 21, 2001 Page 2 A. Approval of the Minutes of August 7, 2001 Regular Meeting, Attachment 9-5-A B, Approval of Claims. Attachment 45-B 6. Consideration and Appropriate Action Relating to OPWA Resolution #2001-09, a Resolution Establishing Sanitary Sewer Rates and Refuse Rates for Rural Water Customers Residing Within the Corporate Limits of the City of Owasso. Ms Bishop Attachment #6 The staff will recommend Trustee approval of OPWA Resolution #2001-09, 7. Consideration and Appropriate Action Relating to an Amendment to a Revenue Anticipation Note Between the City of Owasso and the Owasso Public Works Authority, Ms Bishop Attachment #7 The staff will recommend approval of an amendment to the Revenue Anticipation Note dated August 4, 1998, and authorization of the payment of accrued interest in the amount of $70,060.41 Owasso Public Works Authority August 21, 2001 Page 3 & Consideration and Appropriate Action Relating to Change Order # #1, a Change Order to a Contract Between the Owasso Public Works Authority and Sapulpa Digging Inc for the Construction of the Ator Relief Line, Mir bates Attachment #8 I The staff will recommend trustee approval of Change Order ##1, adding 81 days to the project time, extending the completion date to November 14, 2001. Consideration and Appropriate Action Relating to a Report from the Yardwaste Committee. Mr Roberts .Attachment 119 The staff will present the findings of the Yardwaste Committee and recommend 'Trustee approval of the action plan as submitted. 10. Report from OPWA Tanager, 11. Report from OPWA Attorney. Owasso Public Works Authority August 21, 2001 Page 4 12, New Business. 13, Adjournment. PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL, TYPE OF MEETING: regular DATE: August 21, 2001 'TIME: 6:30 p.m. PLACE: Council Chambers, Owasso Community Center Notice of Addendum filed in the office of the City Clerk and posted at city hall at 10:00 a.m. on Monday, August 20, 2001. Marcia outwell, City C12rk ADDENDUM TO AGENDA The following is submitted as an addendum to the Agenda filed on August 17, 2001, and amends the recommendation on Item #12 as follows: 12. Consideration and Appropriate Action relating to the Award of a Bid for the Purchase and Installation of Window Treatments for the New City Hall /Police Station. Mr Rooney Attachment #12 The staff has completed the bidding process and will recommend that the bid for the purchase and installation of window treatments for the new City Hall /Police Station be awarded to Kimball's Ace Hardware, Owasso, OK in the amount of $6220. OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, August 7, 2001 The Owasso Public Works Authority met in regular session on Tuesday, August 7, 2001 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, August 3, 2001. ITEM 1: CALL TO ORDER Chairman Barnhouse called the meeting to order at 7:05 p.m. ITEM 2: FLAG SALUTE The flag salute was held during the City Council meeting preceding this meeting. ITEM 4: ROLL CALL STAFF Larry Mitchell, City Manager Ronald D Cates, Authority Attorney Marcia Boutwell, Authority Secretary A quorum was declared present. The consent agenda included minutes of the July 17, 2001 regular meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) Owasso Public Works Authority $194,506.85; (2) OPWA Capital Improvements $77,936.31; (3) OPWA Sales Tax $111,498.65; (4) Payroll #1 $39,900.43; (5) #2 Payroll $40,448.61. Ms Armstrong moved, seconded by Mr Brogdon, to approve the consent agenda. Item C on the consent agenda requested d approval and acceptance of the OWRI3 Letter of Binding Commitment to Make a Clean Water State Revolving Fund loan, and authorization for the Chairman and Secretary to execute the document. Owasso Public Works Authority AYE: Armstrong, Brogdon, Helm, Williams, Barnhouse NAY: None Motion carried 5-0. ITEM 5: REPORT FROM OPWA MANAGER No report. ITEM 6: RE PORT FROM OP WA ATTORNEY, No report. ITEM 7: NEW BUSINESS. None. ITEM 8: ADJOURNMENT Mr Brogdon moved, seconded by Mr Williams to adjourn. AYE: Brogdon, Williams, Helm, Armstrong, Barnhouse NAY: None Motion carried 5-0, and the meeting was adjourned at 7:08 p.m. Marcia Boutwell, Authority Secretary -2- August 7, 2001 Mary Lou Barnhouse, Chair Fund owl General 105 Municipal Court 634.47 110 Managerial 1,485.36 150 General Government 11,012.04 160 Community Development 4,992.64 170 Engineering 38181 175 Information Systems 203.95 181 Support Services 4,675.68 201 Police Services 9,735.58 215 Police Communications 153.68 221 Animal Control 1,494.74 250 Fire Services 130,059.10 280 Emergency Preparedness 90.32 300 Streets 10,903.81 515 Park Maintenance 3,184.41 550 Community Center 3,075.34 710 Economic Development 49.50 TOTAL 182,134.43 Ambulance 255 Ambulance 1,498.97 TOTAL 1,498.97 Ambulance Capital 255 Ambulance 7,143.15 TOTAL 7,143.15 Capital Improvements Computerization 4,100.00 TOTAL 4,100.00 Bond Projects City Hall/Police Station 118,075.22 TOTAL 118,075.22 OPGA Merchandise 2,852.98 Food and Beverage 670.50 605 Cart Operations 70.62 610 Golf Course Maintenance 5,044.00 690 Golf Administration 3,732.42 800 Debt Service 38,934.43 TOTAL 51,304.95 OPWA Capital Improvements OPWA Sales Tax City Garage 450 Wastewater Treatment Plant 455 Wastewater Collections Debt Service TOTAL Debt Service TOTAL 185 City Garage TOTAL 101.51 2,973.19 4,348.71 19,821.72 16,023.55 5,378.99 10,273.52 2,353.40 61,274M 104,867M 51,253.26 156,120.35 111,498.65 111,498.65 9,329.42 9,329.42 Worker s'Comp Self Insurance 150 Workers" Corp 4,414.41 TOTAL 4,414.41 Claims Total 706=,894. 14 PAY PERIOD ENDING DATE 08/11/01 DEPARTMENT OVERTIME TOTAL EXPENSES EXPENSES 0.00 2,216.90 77'astewater 535.38 5,050. 3 1 7 . . . . . . . . . . . . . . . . . Film, Nymmm TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT. RE SOLUTION NUMBER 2001-09 RATES FOR CITY UTILITIES IN RURAL WATER DISTRICTS DATE- August 16, 2001 BACKGROUND: Staff recommends OPWA Trustee approval of Resolution No.2001-09 establishing utility rates for rural water district customers residing inside the corporate limits of the City of Owasso. Resolution No.2001-09 TWITIRM-WO M-700579107,43 OWASSO, OKLAHOMA RESOLUTION NO. 2001-09 A RESOLUTION OF THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY ESTABLISHING SANI'T'ARY SEWER AND FUSE RATES FOR RURAL WATER DISTRICT CUSTOMERS SIDING WITHIN THE CORPORATE LIMITS OF THE CITY OF OWASSO, OKLAHOMA. BE IT RESOLVED BY THY, TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY THAT the following rates be, and the same hereby are, established as sanitary sewer and refuse rates for rural water district customers residing within the corporate limits of the City of Owasso, Oklahoma, utilizing the sanitary sewer service of the Owasso Public Works .Authority, Owasso, Oklahoma. Residential- Residential customers of the Owasso Public Works Authority shall be charged the then applicable rate as established, or thereafter increased, by the 'Trustees of the Owasso Public Works Authority for all residential sanitary sewer service customers and residential refuse service customers, regardless of whether or not said customers are water service customers, residing within the City of Owasso, Oklahoma, assuming a 7200 gallon per month usage plus an amount of 10% thereof as and for an administrative fee to the Rural Water District. Commercial customers of the Owasso Public Works Authority shall be charged the then applicable rate as established, or thereafter increased, by the Trustees of the Owasso Public Works .Authority for all commercial sanitary sewer service customers and commercial refuse customers, if applicable, regardless of whether or not said customers are water service customers, residing within the City of Owasso, Oklahoma, assuming an assigned average usage plus an amount of 10% thereof as and for an administrative fee to the Rural Water District. DROVED this 215e day of August, 2001 by the Trustees of the Owasso Public Works Authority. Mary Lou Bamhouse, Chairperson Marcia Boutwell, Authority Secretary Ronald D Cates, Authority Attorney MEMORANDUM T HONORABLE CHAIR AND TRUSTEES OWASS O PUBLIC WORKS AUTHORITY FROM- SHERRY BISHOP FINANCE DIRECTOR SUBJECT. AMENDED REVENUE ANTICIPATION NOTE DATE: August 16, 2001 BACKGROUND: In March of 1998, the OP WA Trustees approved a concept plan for the construction and funding of the Elm Creek Sewer Interceptor project. The concept allowed the interceptor to be constructed with city-backed financing supported by a private sector "pay-back" as the property develops. Financing for the project consisted of a bank note and a revenue anticipation note. The note with First Bank of Owasso is a five-year, 5 % note for $1,200,000 dated December 1998. Monthly payments are $23,000 with the final payment due in December of 2003. The proposed amended Revenue Anticipation Note for $712,970.39 would pay 4% interest semi- annually in February and August until maturity. Semi-annual principal payments would begin in February of 2004 and continue through August of 2008. The RAN may be paid off at any time should funds become available. Staff recommends that OP WA Trustees authorize payment of accrued interest of $70,060.42 and approve the Amended Revenue Anticipation Note. ATTACHMENTS: Amended Revenue Anticipation Note of the OP A, dated August 4, 2001 Revenue Anticipation Note of the OPWA, dated August 4, 1998 Loan Agreement AMENDED REVENUE ANTICIPATION NOTE OF THE OWASSO PUBLIC WORKS AUTHORITY Dated as of the 4"' day of August, a Owasso, Tulsa County, Oklahoma $712,970.39 The Borrower may prepay this Note, in whole or in part, at any time prior to the due date hereof, without penalty, If any payment shall be due on a Saturday or Sunday or upon any banking holiday of the holder hereof, such payment shall be due and payable on the next succeeding banking day and interest shall accrue to such day. The City may, at any time prior to the due date of payment of this Revenue Anticipation Note call for an early pre-payment in whole, or in pail, if it is determined by the City, in its sole discretion, that the funds heretofore advanced pursuant to this Revenue Anticipation Note are needed by the City for its operations, governmental or proprietary, and the Borrower is afforded a reasonable opportunity to obtain reasonably satisfactory refinancing hereof All parties (makers, sureties, guarantors and all others now or hereafter liable for payment of all or any portion of the indebtedness evidenced by the Revenue Anticipation Note) severally waive demand, presentment, notice of dishonor, protest, notice of protest, and diligence in collecting this Revenue Anticipation Note and diligence in bringing and prosecuting suit against any party bound hereby, and agree that no extension, renewal or partial payment, or release or substitution of collateral before or after maturity, with or without notice, shall release or discharge the obligation of any party. Upon the failure to pay when duo the principal and or interest, the holder hereof shall be entitled, at its option, to extend the term or declare the unpaid principal balance of this Revenue Anticipation Dote to be immediately due and payable. A failure by such holder to exercise such option will not constitute a waiver of the right to exercise the same in the event of any subsequent default. After maturity (whether by extension, acceleration or otherwise), interest shall accrue hereon at a rate of interest often percent (10 %) per annum, If this Revenue Anticipation Tote is placed with an attorney for collection upon any default, or to defend or enforce any rights of the holder(s) hereunder or any instrument securing payment of this Revenue Anticipation mote, or if this Revenue Anticipation Note is collected through barda -uptcy or other judicial proceeding, the Borrower agrees to pay the reasonable attorney fees of the holder(s) of this Revenue Anticipation Dote and all reasonable costs and expenses incurred in connection therewith. This revenue Anticipation mote together with all extensions, renewals, substitutes, modifications and /or changes in form hereof is secured by the Security Agreement which respects certain property and interests located in Tulsa County, Oklahoma. OWASSO PUBLIC WORKS AUTHORITY an Oklahoma Public Trust E Mary Lou Earnhouse, Chairman ATTEST: Marcia Boutwell, Secretary Delivery receipted this day of 52001. M ATTEST: Marcia Boutwell, City Clerk Mary Lou Earnhouse, Mayor Exhibit B REVENUE ANTICIPATION NOTE OF OWASSO PUBLIC WORKS AUTHORITY PAYMENTSCFIE[JULE Payment Principal |nt*nasd Interest Total Date pay—mmh$ Rate, Eay-ffla�� 2/4/02 4.0% 14.259.41 14.250.41 8/4/02 4.0% 14.250.41 14.259.41 2/4/03 4.0Y6 14,25941 14.259.41 8N/03 4.096 14.25041 14,258.41 2/4/04 48.000.00 4.0Y6 14.259.41 62.259.41 8/4/04 68.000.00 4.09& 13.299.41 01'299.41 2/4/85 70.000.00 4.096 11.839.41 81,03941 8/4/05 71.000.00 4.094 10.539.41 81.539.41 2/4/06 72.000.00 4.0% 9.119.41 81,119.41 8/4/06 74.000.00 4.0Y6 7.679.41 81,670.41 2/4/07 75.000.00 4.0% 6.19041 81.19941 8/4/07 77.000.00 4.09& 4.099.41 81.009.41 2/4/08 78.000.00 4.0% 3.159.41 81,15941 8/4/08 79,97839 4.096 1,599.41 81.569.80 M REYEN )!_&H_ZMFAT__1D_N_NQTE Q E NRLI-Q W RKS A THORI:TX _QK&fiSQ__p Dated as of the 4th day of August, 1.998 Owasso, Tulsa County, Oklahoma $1,800,000.00 The Borrower may prepay this Note, in whole or in -part, at any time prior to the due date hereof® without penalty® If any payment shall be due on a Saturday or Sunday or up ®n any banking holiday of the holder hereof, such payment shall be due and payable on the next succeeding banking day and interest shall accrue to such daV. The City may, at any tine prior to the due date of pavment of this Revenue Anticipation Note call for an early pre-payment in whole, or in part, if it is determined by the City, in it I s sole discretion, that the funds heretofore advanced pursuant to this By Ok& Denise Bode, Chairmal IN Mar *a ou twelI® Secretary Dell-v x-y receipted this � day of ,� 1998. CITY OF OWASSO, OKLAHOMA Byy� Denise Bode, Mayor ATTEST: TO CITY OF OWASSO, OKLAHOMA RESOLUTION NUMBER 2 LOAN AGREEMENT °TMS LOANT ACS EMENT (the "Agreement ") made and entered into as of the 4th day of August, 1998 by and among the Owasso public Works Authority, an Oklahoma public trust, (the "Authority ") and the City of Owasso, Oklahoma, an Oklahoma Municipal Corporation (the "City"). WITNE, SSE 1-T: WHEREAS, the City has determined to make a loan to the Authority, aggregating $1,800,000.00 to be evidenced by the Authority's Revenue Anticipation Note payable to the order of the City in the original principal amount not to exceed $1,800,000.00, (the "mote ") to eatable the Authority, pursuant to certain of its approvals, to finance costs of the construction of the Elm Creek Seger Interceptor Project (the "Project "). WHEREAS, pursuant to the term and conditions hereinafter set forth, the City is willing to make such loan to be evidenced by the Note-, and VVHEREAS, the payment of the Note is to be secured by a subordinate security interest in the revenues of the Authority, receipts and receivables, cinder the conditions as set forth hereinafter. NOW, TIVEREFORE, in consideration of the mutual agreements herein made and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.1 The C 's Commitment. The City agrees, subject to the terms and conditions of this Agreement, to make the loan to the Authority in the amount not to exceed $1,800,000.00. 1.3 Loan Advances. The loan advances on the Note shall be made pursuant to a Loan Schedule to be executed after final approval of the construction contracts for the Project. Each request for an advance shall be accompanied by a certificate signed by the project manager, describing the invoices for which the loan advances are sought, certifying that the work, labor or materials for which the loan advance is sought have been performed according to the plans and specifications or as approved by the City, and certifying that sufficient funds are available under the Note to complete the construction of the Project in accordance v✓ith the plans and specifications. Lien waivers from all contractors and subcontractors shall be provided by the Authority with each loam advance. 1.4 `ferms_oi Lhe Tjo e. The Note shall be in substantially the form set forth in 21ibit A attached hereto. Interest shall accrue, be payable and subject to adjustment, as provided for in the Note on the outstanding and unpaid principal balance thereon fioYn the date of first advance thereon until payment in full thereof as set forth and provided therein. 2.1 Conditions. The obligations of the City to make the loan pursuant to this Agreement are subject to there being no went of Default hereunder or an event which with notice or lapse of time would become an Event of Default hereunder and the City having received in form and substance satisfactory to it: (a) A duly certified copy of the resolutions of the Authority authorizing execution and delivery of this Agreement, and related instrtirnents, and the issuance, execution and delivery of the Note; (b) Original duly executed counterparts of (1) this Agreement, (ii) such financing statement(s) as respect the foregoing, (c) Such certificates, documents and certificates respecting the Authority, as City counsel shall reasonably require; (d) Such opinions of counsel for the Authority, as City counsel shall reasonably require; (e) A detailed description and cost breakdown analysis of the Project (the `Breakdown ") and all amendments thereto, all for approval by City; N (f) Such other and further inaterials and/or information as the City may reasonably request; and AARTIC L III -E� LA L M Q B ! tL SE, ELD &—SAIMI ACTIQU QA— ION- The Authority hereby agrees with the City that, so long as the Note remains outstanding: 4,1 PerfQrrnance of AqLeernent I q. The Authority shall take all action and do all things which it is authorized by law to take and do in order to perform and observe all covenants and agreements on its part to be performed and observed under this Agreement and the Note and in order to provide for and to assure payment of the principal of the Note and interest thereon when due. 4.2 Creation of Charges nn Revenues. The Authority shall not create or suffer to exist any additional assignment, pledge, security interest or other lien, encumbrance or charge on any revenues of the Authority to be pledged. 43 AMendmeq. The Authority shall not alter, amend or repeal the resolutions described in Section 2.1(a) hereof, or, without the prior written consent of the City, agree to any alteration or amendment of any of the instruments described in Sections 2.1(b) and 2.1(c) hereof, or take any action impairing any authority, right or benefit given or conferred by such resolution or instruments. 4A. 1 cwt. The authority shall pay or cause to be paid the principal of and the interest on the Note as the same becomes due, whether by acceleration or otherwise, but solely from the sources referred to in Article fff hereof 4.5 egreventations and arrantie fAuthority. The Authority represents and warrants to the City as follows: ' (a) The Authority is an Oklahoma public trust duly organized, validly existing and in goad standing under the laws of the State of Oklahoma and all other states in which it is necessary that the Authority be qualified to do business. (b) The Authority and the Owasso City Council have taken all necessary actions to authorize entering into this Agreement and to authorize the execution and delivery of the Note, and the other documents contemplated hereby. (c) The execution and delivery of this Agreement and, the Tote, will not cause, constitute or result in a breach of any agreement, contract or other undertaking to which the Authority is a party. (d) The Authority shall deliver to the City copies, certified by the authority's Secretary, of all resolutions and actions undertaken by the Authority or the Owasso City Council to authorize this transaction. (e) The Authority shall maintain its existence in Oklahoma. (f) The Authority shall deliver to the City, within one week after they are prepared, copies of the authority's quarterly financial statements. 4 5.1 Events of Default. Any one or more of the following shall constitute and "Event of Default" hereunder; (c) The entry against the Authority or Lessee of (1) any judgment in an amount of $25,000 or more on a claim not covered by insurance which is not discharged within thirty (.33 0) days of such judgement becoming a final judgment, or (d) If the .Authority shall (1) apply for or consent to the appointment of a received, a trustee or liquidator of themselves or itself, or of ail or a substantial part of its assets, or (ii) file a petition or answer seeking reorganization or admit (by answer, default or otherwise) the material allegations of a petition filed against them in any reorganization proceeding; or (e) If the Authority shall (1) become insolvent, generally fail to pay, or admit in writing their respective inability to pay their respective debts as the fall due, (ii) snake a general assignment for the benefit of their or its respective creditors, (iii) be adjudicated a bankrupt or insolvent, or (iv) file a voiuntary petition in bankruptcy or file a petition or answer seeking an arrangement with creditors or to take advantage of any insolvency laws or admit (by answer, default or otherwise) the material allegations of a petition filed against any of them in any bankruptcy, arrangement or insolvency proceeding, or take or omit to take any action for the purpose or with the result of effecting any of the foregoing; or (g) 'Failure of the security interests granted in the Agreement to constitute a duly perfected, valid security interest in the Revenues-, or (h) The breach of, or default Under, any covenant, agreement, terra, condition, provision, representation or warran' ®y contained in this Agreement, the Note, not specifically referred to in this Section, if such breach or default is not cured within thirty ( 0) days of the occurrence thereof, or (i) In any event of default shall occur and shall continue for more than the period of grace, if any, provided with respect thereto, render this Agreement; or {) The Project cannot be completed in accordance with the playas and specifications approved by the City with the hinds remaining to be advanced on the Note. 52 R ernedie�tL Default. Whenever any Event of Default referred to in Section 5.1 hereof shall have - occurred, the City may take any one or more of the following remedial steps: (a) Declare all amounts payable hereunder and pursuant to the dote or any renewal thereof, to be immediately due and payable without notice of default, presentment or demand for payment, protest or notice of nonpayment or dishonor, or ether notices or demands of any kind whatsoever, whereupon the same, together with the accrued interest thereon, shall become immediately due and payable; or (b) Realize upon its rights under the security agreement and such other collateral documentation as may front time to time inure to the benefit: of the City, or (c) `fare whatever action at lava or in equity may appear necessary or desirable to collect the amount then due and thereafter to become due, or to enforce performance or observance of any obligations, agreements or covenants of the Authority under the Note, this Agreement, or otherwise. WMIX -MISCELLANE, OUS 7.2 Waivers, etc. No failure on the part of the City to exercise and no delay in exercising, and no course of dealing with respect to, any right under this Agreement, or any other M c ® a e agreement or instrument referred to in this Agreement, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein and therein provided are cumulative and not exclusive of any remedies provided by laver. 7.3 Successors etc. This Agreement shall be binding upon and inure to the benefit of the parties hereto and any subsequent holder of the dotes and its successors and assigns, 7.4 �yernfln a�xr, This Agreement shall be ccaDstrued in accordance with, and governed by the laws of the State of Oklahoma. 7.5 Amendments, This Agreement may not be amended, modified or waived except with the written consent of the parties hereto. 7.6 Notices. All requests and notices under the Agreement shall be hand delivered or sent by United State Mail, postage prepaid, addressed as follows, except that either party may be written notice change of address, its counsel or its counsel's address for subsequent notices to be given hereunder: Authority Owasso public Forks Authority 207 South Cedar Owasso, Oklahoma 74055 Attention: Denise rode, Chairman with a cote to: Donald D. Cates .Authority Attorney Suite 680, Park Centre 525 South Main Tulsa, Oklahoma 74103 City: City of Owasso 207 South Cedar Owasso, Oklahoma 74055 Attn: Derr se Bode, Mayor Ronald D. Caws City Attorney Suite 680, ParkCentre 525 South Main Tulsa, Oklahoma 74 7 Notice given hereunder shall be deemed given upon receipt by the principal addressee. 7.8 Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof 1.9 E &ecuiion in urargrp tja. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. ATTEST: Dy: _ ®e® Marti �3outwell, Secretary Owasso Public Works Authority ley. Denise Bode, Chairman "Authority" City of Owasso, Oklahoma By: Denise Bode, Mayor TO: HONORABLE CHAIR AND TRUSTEES CL ASS PUBLIC WORKS AUTHORITY FROM: JARED T. BATES 9, C-�' �g' CAPITAL PROJECTS ENGINEER SUIBJECT: CHANGE ORDER NUMBER 1, AT OR RELIEF LINE DATE: August 16, 200'1 BACKGROUND: 313mz�� Trench Rock — 20 days Hard limestone rock was encountered from station 900 through station 1700. The contract boring logs showed only shale, which is generally assumed to be easily removed. Boring Rock —14 days 'The boring; at the railroad was especially difficult because half the casing was in hard limestone and the other half was in soil shale. The drill bit tended to stay in the soft rock, so it had to be weighed down and the rotation slowed in order to keep the alignment from being too high. ® Extended dock _. 32 days Future allowance for unanticipated hard rock. Garver Engineers recommends approval of the 81 day time extension (see Attachment 3)° ODE ODEQ has stated they have no problem granting a time extension, The contractor has stated that no additional payment for changed conditions or future changed conditions will be asked for if this time extension is granted, therefore, payment for substantial changes in conditions will not be a future issue. Change Carder Number 1 is a request for a time extension only. No additional costs will be incurred by the OPWA in granting the added time. Funds for the project are provided in a loan fiom the Oklahoma Water Resources Board. RECOMMENDAMONS: Staff recommends Trustee approval of Change Order Number 1 for a time extension of 81 calendar days and establishing a completion date of November 14, 2001, to the contract for construction of the Ator Relief Line with Sapulpa Digging, Inc. U_a� I V, A OS RONALD OVENDOL YN J OCAN I Lj I 0 0 LARKIN BAILEY awl T 6 F*OUNDA'nON � V: co VZ C6 ABANDONED �K , - ... X\ I I . I \4�' — 'b - ' I ' v� N 0 MANN (�' )� OLE 48.5' 71/ 0 25'i A\ -TEMP. EASE! --TEMP. EASE. A'. 60 L.F. OF NG slu BORING 6 — C_ L Z=ASR7ING- )N 8 (9.375' WALL) 5�u 4 --St394q'22'E EXIS 1 1�5+ou S CORNER SEMION S., 8 €i 9h S T PiE E T -o'h r;H _-- ------ - BORE HOLE 49' TF� NO. 1- 80 L.F. OF 9 18801' PGF REMOVE AND 36 STEEL,1 CASING REPLACE DRIVE (0.375";:w LL) 0%. 2 NCR, '1 , CD MAILS END MAI DEVELOPMENT I AND LARKIN LEY' JANIE DEVELOPMENT cly, �EYNOLDS RIDDELL FOUNDA ON B 60d NAIL I S.r9. SIDE 24 + I SECTION th MINGO �E ON SM. + -0 0 SECTION & 12V OF ly LF. 0 I'IC�I ICI , 99f I LF. I 188.Do LF 0 8% 1 0 0.18% .15rALL 18' DU 11L£ IRON RPE R E EXISTING 10' PIPE AA9 INSTALL M' PIPE 10100 121 0 14-00 16 '11100 ri 100 8100 �__UA_RVER EN WEER .-A-1. PUBLIC WORKS AUTHORITY ATOR SEWER RELIEF LINE m) N 18f0D 2 SCALE: W IP �ORING & 36t im. I LF. BORING & 36' '4- nro ASING (O.375WI1) CA IN GTO 375 ALL 4 Ln 0) U') 0 Lr cl u" o� Lo 0 >: >: �D z 11 -A 4 4 3>�- .15rALL 18' DU 11L£ IRON RPE R E EXISTING 10' PIPE AA9 INSTALL M' PIPE 10100 121 0 14-00 16 '11100 ri 100 8100 �__UA_RVER EN WEER .-A-1. PUBLIC WORKS AUTHORITY ATOR SEWER RELIEF LINE m) N 18f0D 2 SCALE: W b0 0 IV.LUI L ffl��M To- Jay UNike, PE M. From'. Les Gregg Date. 8/13/01 Re- Owasso ATOR schedale Attached fmd revised time schedule for the Owasso ATOR sewed ine pwjeq, the dme delays are listed below. We are asking for a time extension oWl tw i 4"—tf- ii ................ . ......... ... TO/TO'd TS62 TEE OT6 '3NI ON1901a udindus q�.qT TooF,-PT-onu I Garver, Inc. Engineers 5411 S. 125th East Ave. Suite 301 Tulsa, OK 74146 -6206 918 -250 -5922 FAX 918 -250 -6529 www.garverinc.com August 13, 2001 P. Robert Carr City of Owasso P.O. Box 180 Owasso, Old 74055 Re: Ator Relief Line Dear Mr. Carr: RECEIVED GARVERIENGINEERS A request from Sapulpa Digging, Inc. for a 81 day calendar time extension is enclosed. As noted only 49 days at their time extension is based on justifiable delays for rock and utility relocation, The contractor has, however, encountered limestone rock from station 9 +00 and 17+00 which he could not have reasonably anticipated. A bore log (131-1 -1) included in the bid documents at Station 14-00 indicates only clay and shale to a depth of 15 feet. The contractor encountered limestone at 3 feet to the full depth of the trench ( >12 feet) at this bore hole location at Station 9 +00, A map showing the limestone rock area and the bore log are attached. The contractor agreed in writing not to request additional monies for this or any future changed conditions for the 81 day time extension. We spoke with Mr. Patrick Rosch of ODEQ concerning the time extension. The consent order date for the completion of this project is September 1, 2001. Mr. Rosch stated that he agreed the time extension was justifiable and the consent order could be modified upon receipt of a written request by the City of Owasso stating the reasons for the extension. We recommend approval of the 81 day time extension by the City of Owasso. Sincerely, ice Brentwood, TF! - Fayetteville, AR a Huntsville, AL ® Little Rock. AR - Madison. MS - Topeka, KS e Tulsa. OK REPORT OF TEsT HOLE Nd.. BH-1 DATE DRILLED: 11-18-00 TICKET NO: 09808 P. 0. NO.: verbal LAB. NO: 110008 11 REPORT TO: Garver Engineers, Inc. PROJECT: Owasso Ater Relief Line JOB LOCATION: Owasso, Oklahorna DRILLER: D. Collins HOLE LOCATION: As shown on drawing DRILL METHOD: Auger SURFACE ELEVATION: WATER TABLE: 0.0 ft. DEPTH OF HOLE: 15.0 ft. 0.0-3.5 Clay, 'Fan and gray sh I (medium firm) 3.5-11.0 Shale, tan TEST PENEI -RATION TESTS (medium firm to firm) NO. FROM TO BLOWS 11.15.0 -- 0- Shale, Dark gray (very firm) 15.0 Terminated BOTTOM OF HOLE TEST ATTERBERG LIMITS NATURAL NO. LIQUID PLASTIC MOISTURE LIMIT INDEX WASH SIEVE ANALYSIS TEST SIEVE % UNIFIED SOIL OSI NO. PASSING SOIL GROUP NO. #200 CLASS No water was encountered at the time of —1drilling, I CHANGEORDER PROJECT: Ator Relief Line CHANGE ORDER NUMBER: I TO CONTRACTOR: Sapulpa Digging Inc P.O. Box 1105 Sapulpa, OK 74067 The Contract is changed as follows: DATE: August 21, 2001 CONTRACT DATE: January 16, 2001 CONTRACT FOR: Sewer Line Upgrade and Elimination of Lift Station 1 h� c�r� in l time ®f coin le�iox� �✓as 140 day with coin letio x_clat� ®f Au t 2 200. Contract time is f NovembeL 14,2001. ififre is no change in CQntract Sum. Not valid until signed by the Owner and Contractor The original Contract Sum was $818,270.00 Net change by previously authorized Change Orders $0.00 The Contract Sum prior to this Change Order was $818,270.00 The Contract Sum will be unchanged by this Change Order in the amount of $0.00 The new Contract Sum including this Change Order will be $818,270.00 The Contract Time will be increased by 81 DAYS The date of Substantial Completion as of the date of this Change Order therefore is November 14, 2001 Note: This summary does not reflect changes in the Contract Sum which have been authorized by Construction Change Directive. S 31 l Da D' a iinn.... CONTRACTOR P.O. Box 1105, Sapulpa, OK 74067 ADDRESS Elm Owasso Public Works Authority OWNER P.O. Box 180, Owasso, OK 74405 ADDRESS M." DATE DATE TO: SUBJECT- HONORABLE UIT C HONG LE CHAIR AND TRUSTEES O ASSO PUBLIC WORKS AUTHORITY CHRIS ROBERTS, CHAIR YARDWASTE REVIEW COMMITTEE ADOPTION OF YARWASTE ACTION PLAN August 15, 2001 On April 3, 2001, the OPWA Trustees voted to appoint a committee to analyze the existing yardwaste program and develop a proposal for managing the yardwaste disposal needs of the community. After extensive research, a preliminary report was drafted and potential program modifications were presented at the July 10, 2001 Council work session. A copy of the preliminary report is attached for reference. The following alternatives were included: Short -term Wtions Permanently close the disposal station to public access ® Clean up existing disposal site Continue curbside collection of residential yardwaste indefinitely Initiate community outreach program focusing on reduction of yardwaste volume L® term o bons ® Initiate public /private partnerships for collecting and disposing of yardwaste materials Purchase an air - curtain burner for waste disposal On July 12, 2001, the Yardwaste Review Committee conducted a final meeting to further evaluate the options presented in the preliminary report. Consequently, several of the alternatives previously considered were opted out and an additional element was introduced. Following a consensus of the committee, a final proposal was developed. The proposed action plan includes each of the options listed above, as well as a seasonal clean up event. Due to time constraints, the committee was unable to thoroughly evaluate the potential long -term strategies. However, due to their potential value, each has been included in the action plan as a recommendation for future consideration. Consequently, the proposed action plan consists primarily of short -term strategies, which should result in immediate improvements to the yardwaste separation program. The proposed action plan, however, will need to be updated as the community expands and the corresponding volume of yardwaste increases. Page 2 `Y"ardwaste Action Plan Page 3 Yardwaste .Action Flan Provide seasonal clean—MI events sponsoro the City Citywide cleanup events will be planned for the spring and fall each year whereby the City of Owasso will provide a free day at the Quarry Landfill for residential yardwastc disposal. The seasonal cleanup program should be initiated in the spring of 2002. Evaluate public /privateartncrshit�s for the collection and disposal of ardwaste materials Consideration should be given to the benefits of public /private partnerships. Increased financing is the most obvious benefit, In addition, the private sector brings with it the opportunity and the flexibility of innovative financing by looking at several options not available to the public sector. Private solid waste companies may be interested in collecting and disposing of Owasso's residential yardwastc. Another possibility is to lease the property dedicated as our disposal area to a private company for yardwastc disposal operations. 9N299mw chasing an air curtain burner for fizturc yardwaste disposal needs n air curtain burner would virtually eliminate yardwastc disposal problems. The air - curtain centrally located or moved around depending on need. The air-cu in burner enables clean d bunting and is a disposal technique seldom scrutinized by local fire departments. 1�Tew st is approximately X30,000, CONCLUSION: Prior to implementing proposed modifications, the committee recommends that Owasso residents be notified of program changes and closure of the disposal station. This can best be accomplished by advertising in the Owasso Reporter, inserting notices in customer utility bills and posting signage at the Recycle Center. Each medium should include directions to the Quarry Landfill to provide Owasso residents an alternate site for disposing of large and bulky yardwastc materials. C® ATION: The Yardwaste Review Committee recommends Trustees approval of the Yardwaste Action Plan as submitted. 1. Memorandum – Alternate Yardwaste Management Alan (dated July 6, 2001) 2. Quote for contractor services – Bill Basore Trucking & Excavation, LLC 3. Quote for contractor services -- R.L. Hensley Construction, Inc. Im SUBJECT: DATE, . BACKGROUND: Honorable Chair and Trustees Owasso Public Works Authority Yardwaste Review Committee .ALT EMNATE YARDWASTE MANAGEMENT PLAN July 6, 2001 On April 3, 2001, the OPWATrustees were asked to consider and adopt a yardwaste management plan, which specified specific short and long-term modifications to the existing yardwaste separation program. Operational challenges associated with limited available disposal area, collection equipment reliability and reduced manpower necessitated the recommended improvements. The following elements were included in the proposal: In response to public opposition relative to certain aspects of the proposal, the Trustees voted to appoint a committee to analyze the existing yardwaste program and develop an alternate plan for managing the yardwaste disposal needs of the community. The committee was to be comprised of five (5) citizens, one (1) ®P WA Trustee and one (1) member of staff, Since curbside collection generates revenue and the drop-off station does not, the committee elected to analyze each element of the program independently. It was felt that this approach would direct the committee to a specific area(s) in need of modification. To objectively weigh program benefits against operating costs, the committee performed a cost/benefit analysis using new data acquired through up-to- date utility billing records in addition to data included in the original action plan. Page 2 Yardwaste Review Committee Curbside Collection Expenses Costs associated with curbside collection of yardwaste consist of labor, vehicle fuel and equipment repairs. Average expenses are approximately $1,600 per month. Each of the expense categories are detailed below: Labor: Presently, the only labor - related costs are for one (1) seasonal drivers Inmates from the Oklahoma Department of Corrections are used to supplement collection needs at essentially no cost for labor. Lased on eight (5) collection days per month at $9.00 per hour, a total of approximately $600 per month is paid. Vehicle fuel /repairs- Due to the age of vehicles used in the collection of yardwaste, mechanical repairs can be anticipated. Based on a history of repairs and fuel consumption, costs of approximately $1,000 per month are typically incurred. Rgd Volycarte On the average, 20 new polycarts /month are issued to new yardwaste customers throughout the collection season. Based on the cost for a new cart at $60 each, a total of $1,200 per month is paid. dear °Mastic basso dear plastic bags are purchased in bulk quantities to supply yardwaste customer needs. The cost associated with the bags is approximately $300 /month. Curbside Collection Revenue Revenue from curbside yardwaste collection is derived from customers paying for the use of a 90-gallon container and /or purchasing clear plastic bags. Average monthly revenue is approximately $4,400. Each revenue source is detailed below: 90:gallon containers: Customers are charged $6,50 per month for a yardwaste container. There are currently 551 customers utilizing the cart option; therefore, revenue is approximately $3,500 per month. ($6,50 /month x 551 containers = $3,776,50 /month) Clear,plastic bates°., In lieu of the plastic container, customers may purchase clear plastic bags For $3,50/10 bags. Revenue collected for these bags, based on the number of bags collected monthly, is approximately $600 per month. ($0.35/ bag x 1,745 bags /month = $611 o50 /month) The variance between this cost analysis and the analysis included in the action plan proposed by city staff is due to a significant increase in the identification of the actual number of customers utilizing the plastic container system. A recent utility billing audit identified an additional 286 red polycart customers, which were not previously accounted for, Page 3 Yardwaste Review Committee Page 5 Yardwaste Review Committee Page 6 Yardwaste Review Committee Purchase an air-curtain burner for waste" Purchasing an air-curtain burner would virtually eliminate yardwaste disposal problems. The air-curtain burner can be centrally located or moved around depending on need. The air-curtain burner enables clean and controlled burning and is a disposal technique seldom scrutinized by local fire departments, Equipment cost is approximately $309000. BILL BASORE TP_UC_KING & E <.CFV �TION, LLC P.O. Be,-,- 1153 Skiatook, OK 74070 Quoted toa CITY OF' OWASSO Attna Chris Roberts F 0. Boas 180 Owasso, OK 74055 M Ml Quote Number: 01 Subtotal 4,75o.u0 Sales Tax R`PUM : R L HOGLEY CIDN'STFUCT40(4 fNC OPOSAL SUBMIT'[ ED TO aW OF 00,A860 .0. BOX 180 Mr, GrATE andZIF IINKISSO Dy, 7415'51� -PROPOSE harebytafuerthsh the S'-'m CA BID BELOW PROPO'SAL R, L- P-PEN SLEY CONSTRUC TION, INC, x'81 1 E. 46th, M, TULS�,A, OKJ-AY40MA MI A6 (918)(363-9936 FAX (91=64-9558 CHRIS ROBERTS tPHC ROGER STEPPE NS 1W MA JUL. 23. 2001 11: 01AM P 1 FHUNE tC. - '319 664 3'5,-58 MO 2/2-495 911 8 272-4999 TREE BURNING 76TI-I ST NORTH C1rV'eAF-Q ancVabor - compleafs- in accordance Paymmil to be made as foiiows: INVOICE UP",)N COMPLETION. PAYMENT' WITHIN 30 CALENDAR DAYS hofoa 'V' PAGE 1 OF 1 7,1104ZT: l PHONE AM matariul is guarani aed to 13t-,i ou, 5pacified. All wmk to be complolad in a+varkrnunfike mtmkrmer nomiding to gtej)cjasd practiceu. Any altat,ation ray deviation from bra- Auft ' d A [mv irN-olvirtg extras costs X41 be 6XCCL1t9d only upnr-. w6 ten orderg, and wilt become an Signvill", & Mn •y've charge over Una UL! ove the osiimato. All 6greements corilingemupon atxikeg, ac ci- -7) datum or dm'ays beyond our corwof. Owner w carry fire, tornado and other neceseany Nota; This propmat me be vitthdravin b�,/ u-,, x's"v ance wm"mm zl a Mely Mvemdby Wrjt'i�ar iorl's Cidmpen.5ohonlnsuranco. it not accepted -qvigiin 21 Ode, t e re by v., tmll W�zAY6 anti SCOPE <3,1�:WORK MI-ME-S & LiMITED -FC,)-. WE WILL DIG A BURN PIT AND OURN TREE8 THAT ARE STORED ON aTY PROPERTY WE WILL PROVIDE THE FOLLOWING FOR HOURLY WORK: I EA TRACK LOADER W1 OPERATOR ANO FUEL I EA TRACK 110E W/ OPERATOR AND FUEL 1 EA AIR CURTAIN DESTRUCTOR BURNER W FUEL EXGLUMO-bui BURN PERMIT EEE5 BY HEALTH DEPARTMENT ($50,00 / PFQ kOCEPTANCE OF PROPOSAL -The abov@ prices, specificnflons ind conditjon8 aye saijsleciwy and tare hereby acrx.�ptad. Yovore authorized signature do the woik es spe-dified. %ymentwifl be made tis outhed above. )4ftfe- Of ACCE-Plemcn: sigt)i,klure A-0