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HomeMy WebLinkAbout2000.05.02_OPWA AgendaPUBLIC %iOTICE OF THE MEETING OF 'TIDE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: regular DATE: May 2, 2000 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 Tull at 4000 p.m. on Friday, April 28, 20ft Marcia out�xrell, Authority Secretary AGENDA 1. Call to Order 2, Flag Salute 3 Roll Call 4, Election of Chairperson Owasso public Works Authority May 2, 2000 Page 2 5. Election of Vice Chairperson 6. 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. A. Approval of the Minutes of April 18, 2000 Regular Meeting, Attachment #6 -A B. Approval of Claims. Attachment 96-B 7. Consideration and Appropriate Action Relating to Approval of an Amendment to a Deal Estate Purchase Contract With Precision Components Inc. Mr McElrath Attachment #7 The staff will recommend Trustee approval of an Amendment to the Real Estate Purchase Contract Early Occupancy Agreement with Precision Components Inc, dated November 16, 1999. Owasso Public Works Authority May 2, 2000 Page 3 & Consideration and Appropriate Action Relating to OPWA Resolution Y-2000-03, a Resolution Approving Sanitary Sewer Rates for Sanitary Sewer Customers of the Owasso Public Works Authority, and Declaring an Effective Date, Ms Bishop Attachment H-8 The staff will recommend Trustee approval of OPWA Resolution #2000-03. 9. Consideration and Appropriate Action Relating to a Request for Trustee Approval of a Landfill Disposal Agreement. Mr Carr Attachment #9 Staff will recommend Trustee approval of a Landfill Disposal Agreement with Waste Management Quarry Landfill for the period May 1, 2000 through April 30, 2001 in the amount of $14.39 per ton, and authorization for the Chair to execute the agreement. , 10. Consideration and Appropriate Action Relating to an Amendment to an Engineering Contract to Prepare a Water System Master Plan, Mr Carr Attachment #10 The staff will recommend Trustee approval of an amendment to an engineering contract with Montgomery Watson, for unanticipated work required to finalize the calibration of the water distribution system model, in an amount not to exceed $15,712, and authorization for the Chair to execute the amendment. Owasso Public Works Authority May 2, 2000 Page 4 Report from OP WA Manager, 12. Report from OPWA Attorney, 13. New Business. 14. Adjournment. OMASS® PUBLIC WORKS AUTHORITY ITY" MINUTES OF REGULAR MEETING Tuesday April 18, 2000 The Owasso Public Works Authority mot in regular session on Tuesday April 18, 2000 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, April 14, 2000, ITEM 1: CALL, TO ORDER Vice Chairman Barn-house called the meeting to order at 7 :13 pemo ITEM 2 SALUTE The flag salute was given during the City Council mooting preceding this meeting. ITEM 3: ROLL, CALL PRESENT Mary Lou Barnhouse, Nice Chair Ionise Bodo, Trustee Melinda Voss, Trustee H C "Will " Williams, Trustee STAFF :Larry Mitchell, City Manager Donald D Cates, Authority Attorney Marcia Boutwell, Authority Secretary A quorum was declared present. SEAT Mary Wilken, Chair CONSIDERATION ITEM 4: APPROVAL FOR CONSENT AGEN! ,. A. Approval of the Minutes of Apri 0111 Regular B. Approval of Cl C. Action Relating to the Extension of a Contract o: Water Service Installations. AYE: Lode, Williartis, Moss, Barriliouse MAY-: None Motion carried 4-0. Owasso Public Works Authority April 18, 2000 ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A DESIGN CONCEPT AND AUTHORIZATION TO BID FOR 96 STREET NORTH IMPROVEMENTS. AYE: Bode, Williams, Voss, Barnhouse NAY: None Motion carried 4-0. ITEM 6: REPORT FROM OPWA MANAGER Im =1, ITEM 8: NEW BUSINESS. =M, -2- Owasso public Works Authority April 18, 2000 1I'EM 9e ADJOURNMENT Ms Moss moved, seconded by Mr Williams, to adjourn, AYE: Toss, Williams, Lode, Barnhouse NAY: None Motion carried 4..0, and the meeting was adjourned at 7:20 pamo Marcia Boutwell, secretary -3 - , Chairperson City of Owasso Claims 5/2/2000 Fund Department Total General Deposit Refund 117.75 105 Municipal Court 180.89 110 Managerial 1,487.12 120 Finance 224.32 150 General Government 2,865.19 160 Community Development 2,582.35 170 Engineering 484.27 175 Information Systems 5,695.00 181 Support Services 659.37 190 Cemetery 48076 201 Police Services 1,912.91 215 Police Communications 65068 221 Animal Control 35.13 250 Fire Services 2,085.31 280 Emergency Preparedness 160.14 300 Streets 6,955.03 515 Park Maintenance 18,9370 44 550 Community Center 667.16 710 Economic Development 117.14 TOTAL 45,280.86 Ambulance 255 Ambulance 8,204.11 TOTAL 8,204.11 E-91 I E-911 Services 2,360.82 TOTAL 2,360.82 Juvenile Court 107 Juvenile court 75.00 TOTAL 75.00 Capital Improvements Computerization 4,656.19 TOTAL 4,656.19 Bond Projects Sports Park 19,500.00 TOTAL 19,500.00 OPGA Merchandise 4,014.60 605 Cart Operations 107.53 610 Golf Course Maintenance 2,853.46 690 Golf Administration 757.42 691 Clubhouse 293.61 800 Debt Service 82,188.75 TOTAL 90,215.37 OPWA Capital Improvements OPWA Sales Tax City Garage Workers' Cornp Self Insurance Pleasant View Sewer Dist Claims Total Debt Set -rice TOTAL Debt Service TOTAL 27,0840 36 27,084.86 82,559.38 €32,559.38 12,692,43 12,692,43 8,3760 8,376.77 2,760000 2,`60000 446,162.43 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 04/22/00 DEPARTMENT OVERTIME TOTAL EXPENSES EXPENSES Irlip,i., ON' 0Oft Utility Billing 0.00 19974.21 Wastewater 82.95 6,250.29 Refuse 106.50 59029.25 APPROVED. May 2, 20OZ TO: THE HONORABLE L A CA AND CITY COUNCIL CITY OF O ASSO THE HONORABLE CH-AJR ANDTRUSTEES O ASSO PUBLIC WORKS AUTHORITY FROM. JIM McELRATH SUPPORT SERVICES I C T R SUBJECT- SALE OF PROPERTY TO PRECISION C O PONENTS BACKGROUND: At the November 16, 1999 meeting of the Owasso Public Works Authority ( "OP IA "), the Trustees voted approval ®f a Real Estate Purchase Contract/Early Occupancy Agreement for the sale of real property located at 420 Se Birch, Owasso, OK t® Precision Components Inca The C:hairpers ®n and Secretary were authorized t® execute the contract, and the C✓hairpers ®n was authorized t® act on behalf ®f the Authority to "finalize and close" the purchase, Prior s. believed that the property belonged to the OPWA. In fact, it was later discovered during the process of building and examining the title of the sale property that a portion of the property actually belongs to the City of Owasso, not to the OPWA. City's portion includes the buildings and approximately one-half acre of land and is surrounded by the OPWA property. SALE OF PROPERTY TO PTtECISION COMPONENTS April 26, 2000 PAGE 2 s ATTACHMENTS: le Memorandum to 0PVIA. regarding original contract for sale of property t® Precision a Copy of executed contract Sa Line drawing of subject properties 4. Amendatory Contract W51,11--j23 TIXTZZIW'1011�11 311 FROA1- JIM WELRATH SST PPORTSERVICES DIRECTOR F. ROBERT CASR PUBLIC WORKS DIRECTOR SUBJECT: SALE OF OPWA PROPERTY DATE- November 1➢, 1999 BACKGROU Ivy D- A Phase One Environmental Audit was performed OD the property to determine whether any problems existed that might complicate possible sale of the property. Registered "I MINE MEMORANDUM PROPERTY PURCHAS November 11, 1999 PAGE 2 1 Environmental Professional Dennis Wharton of Hazchem, Inc. of Tulsa, OK performed this audit. The building and site received a clean bill of environmental health. Staff examined the requested considerations of Precision Components as expressed in the April 21, 1999, letter, and determined that all could be met without affecting City or Public Works operations, with the following exceptions: nTa-fl recornmen stees enter H11[5—a .7TM-Es-FaTe-.?7r—cfFa-se Contract and Early Occupancy Agreement -Arith Precision COMPODents and for the property iescribed in the attached contract and that the Chairman be authorized to sign the Contract. ATTACHMENTS: 1. Attachment 1: Memo detailing method of arriving at $158,000 cost 2. Attachment 2: Letter from Precision Components A 3. Map of Site 4. Contract Owasso, Oklahoma, November , 1999° L P OPERTY, The undersigned, Precision Components, Inc. ("Buyer"), hereby agrees to purchase from the undersigned, Owasso Public Works Authority, Oklahoma, ( "Seller ") and the Seller agrees to sell the following real property, to wit: belonging, which street address is 420 South Birch, together with all the improvements and the appurtenances, if any, thereunto s:.s casements, and mineral rights previously reserved, or conveyed of record (collectively "the Property'.') upon the following terms and conditions: A�,� a . M� (b) Except for the provisions above, Seller shall deliver the property in the present condition ordinary wear and tear excepted. 4, FIXTURE, S AND EXTRAS: The following items shall remain with the property after the ;losing as property of Buyer at no additional cost to Buyer and shall be considered a part of the purchase price, None � w a 5. SPECIAL PROVISIONS: (a) Beyer will pay all costs associated with the transaction including, but not limited tog abstracting expenses, Seller's attorneys fee, survey fees, closing costs in are a-- ount not in excess of Five Thousand Dollars ($5,000000)0 �7 being yet (e) Seller's obligation to close shall be expressly conditioned upon Seller's decision to sell not subject to an adverse referendum vote of Owasso, Oklahoma, on authorizing ordinance (f) Buyer agrees that Seller, subsequent to Buyer's occupancy as well as the closing of the sale, will, for a period of six (6) months from the date of Buyer's occupancy, be allowed to utilize four (4) truck bays in the facility for maintenance of sanitation and a. M The foregoing provisions, where applicable, shall survive the Closing. . TITLE EVIDENCE: Seller shall furnish Buyer title evidence covering the Property, which shows marketable title vested in Seller according to the title standards adopted by the Oklahoma Liar ,association. Z (a) Such title evidence shall be in the form of. abstract of°Titlea (b) Seller shall make Sellers existing title evidence (base abstract of title) available to the Buyer within a reasonable tirne after the date of acceptance of this Contract. (c) buyer shall pay any abstracting costs. Public property a not applicable This transaction shall be closed on or before the V day of February, 20009 (the "Closing"), unless Closing is extended as may be required by Paragraph 6 above, or by written agreement of Seller and Buyer. Buyer, under the terms and conditions hereof, as well as set forth above, shall be authorized to occupy the above described p- eo beginning the of November, s ,° occupancy. (a) As rental, Buyer agrees to pay unto Seller the sure of Five Hundred Fifty and No /100 Dollars ($550,00) per month on or before the day of November, 19999 prorated, and Five Hundred Fifty and loo /100 Dollars ($550000) per month payable on or before December 1, 1999, and January 1, 2000. (c) Buyer agrees to place the Bass, electric and water service in Buyers name immediately upon occupancy, and pay the bills for such utilities as they become due for the period of Buyer's occupancy hereunder. 10. BINDING EFFECT: ACCEPTED this A_day of November, F1 I By: Cathy Hutc ison9 Vito Prosident 11 ACCEPTED this Yt6 day of --go-v--emb e-c----, 1.999. Mai° ' a �Boutw�ell, Se�crctai�� AS TO FORM- D. Cates, Attorney for Authority 2780A03.repc OBASSO PUBLIC WORKS AUTHORITY By: Mark Wilken, Chairman (14"ol (lo 25 FAX 918 252 9382 •IR';TITLE & .ABST s E 10 iN 1* 1'-6, illOPTH, RIANU EAST C\! rr ) C-) j 03 oqt O(L, 0( 0 oc, 0z .3 Gl� 0 0 ". TA� Now, on this day of May, 2000, the undersigned, for purposes of amendment to that certain Real Estate Purchase Contract Early Occupancy Agreement entered into on the 16"' day of November, 1999, by and between Precision Components, Inc., ("Buyer") and the Owasso Public Works Authority ( "Seller ") agree as follows, to --wit: SECTION ONE. That paragraph 1, Property, of the Real Estate Purchase Contract Early Occupancy Agreement dated November 16, 1999, shall be amended by including therein as Co- Seller the City of Owasso, Oklahoma, to the extent its interest appears; and, SECTION WO. That paragraph Y of the Real Estate Purchase Contract Early Occupancy .Agreement dated November 16, 1999, shall be modified to provide that this transaction shall be closed on or before the I" day of June, 2000, (the "Closing "), unless the Closing is extended as may be required by paragraph 6, above, or by written agreement by Co- Sellers and Buyer. Furthermore, the Co- Sellers obligation to close this transaction is specifically conditioned upon there not being an unfavorable referendum to City of Owasso, Oklahoma Ordinance plumber 641, authorizing this sale, which would thereby preclude consummation the transaction. That all other provisions of the Real Estate Purchase Contract Early Occupancy Agreement dated November 16, 1999, except to the extent hereby modified, shall remain in full force and effect. ATTEST- By: P 1'EST Marcia Boutwell, Secretary Donald D. Cates, Authority Attorney Marcia Boutwell, City Clerk Ronald D. Cates, City Attorney 2780- 403- rcceoc mod PRIECISION COMPONENTS, INC, By: Kathy Hutchinson, Vice - President OWASSO PUBLIC WORKS AUTHORITY By: m , Chairman ME , Mayor TO: HONORABLE CHAIR AND TRUSTEES OWASS O PUBLIC WORKS AUTHORITY FROM. SHERRY BISHOP FINANCE DIRECTOR SUBJECT: RESOLUTION #2000-03 SANITARY SEWER RATES DATE.- April 28, 2000 In 1988, the newly constructed wastewater treatment facility went in to service replacing the old lagoon system. For the first time, the OP WA Trustees adopted sanitary sewer rates based on water consumption. Two years later, in 1990, rates were increased after evaluating the actual cost of operating the treatment facility. In 1992, $4.6 million was borrowed from the Oklahoma Water Resources Board for water and sewer system rehabilitation projects. Water and sanitary sewer rates were increased with the revenue dedicated to fund capital improvement projects. Phase I improvements to the wastewater treatment facility were financed in December of 1996 through an OWRB loan of $1.5 million with no additional rate increases. An interim construction loan with the OWRB recently closed for $2,581,000 to construct phase IIA improvements to the wastewater treatment facility. Phase IIB improvements are planned in three years at an additional cost of $2.5 million. Other projects needed for system rehabilitation are expected to cost $1.75 million. The current sanitary sewer rates will not fund additional projects of almost $7 million. The attached memo dated March 31, 2000 from Jay Updike of Garver Engineers outlines th* proposed projects, possible funding sources and annual rate increases recommended to finance these projects. The proposal would increase sewer rates by $36 per 1000 gallons of usage in th; first year followed by annual increases of $.18 per 1000 gallons for each of the next four years. RECOMMENDATION: Staff recorm-nends Trustee approval of OP WA Resolution #2000-03 increasing sanitary sewer rates by $0,36/1000 gallons effective July 1, 2000 and increasing rates by $0,18/1000 gallons effective July I of each year for four succeeding years, ATTACHMENTS: OPWA Resolution #2000-03 Jay Updike memo dated March 31, 2000 Table — Rate Increase Impact on Residential Customers �� p • � t t, 6 �,J RESOLUTION ION NiJMBER 2000-03 A RESOLUTION ION OF THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY Y EST'ABL ,SHIN SANITARY SEWER RATES FOR SANITARY SEWER CUSTOMERS RE IT RE BY THE TRUSTEES OF THE OWASSO PUBLIC WORDS AU HORLTY, THAT, the following rates be and same hereby are established as sanitary sewer rates for customers utilizing the sanitary sewer service of the Owasso Public Works Authority, Owasso, Oklahoma, to -wit: Effective July 1, 2000, sanitary sewer rates will be increased across the board by an amount of $0.36 /1000 gallons. Effective July 1 of each succeeding year for a period of four (4) successive years beginning July 1, 2001, the sanitary sewer rates shall be increased by an amount of $0.18/1000 gallons per year. APPROVED this 2nd day of May, 2000. OWASSO PUBLIC WORKS AUTHORITY By: ATTEST: Marcia 13outwell, Secretary �'. . Ronald D. Cates, Authority Attorney 3709- 020.res sewer rates Chairman Garver, Inc. I I loll v3or!; 'A 1 1 c3, 125)Ih f wA Avo. 1; ilul 301 OK N146 fj2o6 918- 250 -`i922 FAX 91 £f- 250-6529 wwwgarverinc,com March 319 2000 Memo toy Larry Mitchell, City Manager From-, Jay Updike Re: Owasso Wastewater Improvement Funding a to RECEIVED APR 0 3 Moo ja�JENGNNEERS- Prpj—ect Description 5tpLt Date Total Cost Wastewater Planter Sludge stabilization & May 1, 2000 $2,620,000.00 Improvements-Phase dewatering, headworks, UV HA disinfection and misc., plant North Collection Sewer system evaluation Oct. 1, 2066— �350,000.00 system rehabilitation Ator° belief Dine l�y belief Line to e iminate Dec. 1, 2001 750,000.00 Ator lift station South Area ((did Town) Collection Sewer system evaluation July 1, 2003 '000.00 survey followed by system stem Rehabilitation rehabilitation Wastewater Plant Improvements – Phase Oxidation ditch conversion, 3d final clarifier and blower July 1, 2003— —2,500,000.00 1113 buildi (1) Includes Main Lift Station Expansion I )lonlwo')(I. IN - I 1\','HoVl11o, AR a I ltll)kWillo, AL ® Lifflo fro(%, M - Mmljsojj, Kl,, . lohukn, 1\S . 0j< C. Funding Sources: The recommended funding sources, loan terms and approximate interest rates are as follows: Loan Interest Annual leg °oiec t A mount Source Term Rate payment Wastewater Plant 6- phase IIA N. Collection System rehabilitation Bator belief Line S. Collection System. Rehabilitation _WastewatePlant - Phase 1113.. D. j iLpart tnga W,N1_6WRB t. 750,000.00 O Ir Loan 15 °arse So0o10 650,000M0 _ ..O r13 f oan 15 W S.Ooo 2,500,000.001 SRF Loan 1 15 Yrs. 13.5% 32,500.00 69,500.00 59,500.00 209,000.00 The projects could be financed through incremental increases in the sewer volume charge per 1,000 gallons over the next 5 years, To finance the projects an initial rate increase of $0.36'1000 gallons followed by a rate increase of 0.18/1000 gallons for 4 more years should be considered. A comparison of the additional revenue generated by this rate increase with the debt service for the projects is presented in the following table. Additional Revenue vs. Debt Service Wastewater° Project.Financing Billable Flow/ Add'l Revenue from Fiscal Rate/1000 Month (in Rate Increase over Loan Debt Fear Gallons 1000 0Y) (�) � istin 12ate of �1018(�� Amounts Service (3) Difference ce 2000 $1.18 47,500 0 0 0 0 2001 1.54 49,875 $215,500 $2,970,000 $142,500 $ 73,000 2002 1.72 52,370 339,500 750,000 322,000 17,500 2003 1.90 54,980 475,000 0 322,000 153, 2004 2.08 57,735 623,500 3,150,000 590,500 33, 2005 2.26 60,620 781,000 0 590,500 190,500 Please note the above costs are for debt service only. The cost of the operation of the plant will increase by approximately $50,000.0 01year° following the completion of Phase IIA (2001) and again by an additional $75,000.001year° following the completion of Phase 1113 (2005). (1) Assumes rate increases will be innplernented on July 1 of each year beginning in 2000. (2) Assumes 5% increase per year. (3) For new projects only. 2 We are available to meet with you and your staff to discuss this matter in detail at your convenience. JU:cre CC. F. Robert Carr, City of Owasso Sherry Bishop, City of Owasso Keith McDonald, Oppenheim, A Div. of BOC, Inc. Rate Increase Impact on Residential Customers (Average Winter Water Use 5,000gallouslinonth) Year Monthly Increase Ardmore it 9.85 2000 34,256 9.06 2001 11 a03 1.80 Claremore 13,280 0.90, Del City 23,928 8.95 2004 13.73 0.90 2005 14.63 0.90 (Y). xtsting Rate Winter Average is for the inn the of January, February, & March 1999 — 2000 OML_Ptifi ate Suryy Municipality Population 5,000 gallon cost Ardmore 23,079 9.85 Bartlesville 34,256 9.06 Bixby 9,502 8.60 Claremore 13,280 8.15 Del City 23,928 8.95 Duncan 21,732 8.04 El Reno 15,414 14.38 McAlester 16,370 10.44 Miami 13,142 12.50 Muskogee 37,708 13.10 Okmulgee 13,441 9.00 Sand Springs 15,346 15.40 Sapulpa 18,074 21.63 Shawnee 269017 10.15 11038 Average 5,000 gallon cost ITE 777 eagues 7,771 1999-2000 Utility Rate Survey printed in March 2000 using 1999 7 ate h8forination. a' TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY A`i'm April 27, 2000 BACKGROUND- The City of Owasso has had a letter agreement for disposal of solid waste at Quarry Landfill for the past few years. `The agreement contains a definition of acceptable waste and establishes rates of disposal, Effective May 1, 2000, the rate for disposal at Quart -y Landfill is proposed to increase % °om $13070 per ton to $14039 per ton. This rate is a 5% increase of $0.69 per ton. The term of the Agreement is from May 1, 2000 to April 30, 2001, In addition, the Oklahoma Department of Environmental Quality has an established fee of $1025 per ton. Although a rate increase was not calculated in the F'Y99 -00 Public Works Department Refuse Division budget, sufficient fiends can be reallocated for the two remaining months in the fiscal year of May ® June 2000, The increase is included in the F'Y00 ®01 budget. Page 2 Landfill Disposal Agreement RE-C-01%M I NDATION. Staff recommends Trustees approval of the Landfill Disposal Agreement (Non-Hazardous Wastes) with Waste Management Quarry Landfill for twelve (12) months effective May 19 2000 in the amount of $14039 per ton and authorize the Chair to execute the agreement. 1. Landfill Disposal Agreement and cover letter dated March 309 20ft SIGNATURE (AUTHORIZED REPRESENTATIVE) NAME (PLEASE PRINT) SIGNATURE (AUTi6ORIZEO REPRESENPA'fIVEI NAME (PLEASE PRINT) TITLE TITLE OAT DATE FOR COMPANY USE ONLY Cost. - Region - Unit.�� .. - n. l.C. - - -- - -- -- Type Interest (y /n) Credit Limit Remittance Code Alpha Sort Contract Review� � . � _ e Reason - -9 Cdr IPPV 71QP� LANDFILL - WHITE CUSTOMER - PINK YELLOW GREEN TERMS AND CONDITIONS F LANDFILL I L 4ad„ 5..Compliance with. Laws. Customer shall in all matters relating to th�Gdl � i by- Customer &a rncreased-inspection, tesfing; transportation and disposal of the Waste hereunder, comply wish alf'aWlIdAble stt sts made necessary due to reasonable concerns of the parry tb the federal, state and local laws, regulations, rules and orders relating to such content of the Waste following discovery of unacceptabfe,�asie;4 activities. Customer warrants that the waste will not contain any unacceptable (c) The indemnification and other obligations stated in this Paragraph 9 shall quantity of hazardous, radioactive or toxic materials or substances. survive the termination of this Agreement. 6. Operating Rules. 10, Insurance. Customer shall maintain in full force and effect throughout the (a) The Company reserves the right to make and enforce reasonable rules term of this Agreement the following types of insurance in at least the limits and regulations congerrt pg the operation of the Landfill, the conduct of specified below: the drivers aH others on the Landfill premises, quantities and sources _ Coverages _ _. _.__ - ___._.__ .. Minimum Urnits of Liability . of Waste, and any other matters necessary or desirable for the safe, Worker's Compensation Statutory legal and efficient operation of the, Landfill including, but not limited to, General Liability -- - - — - - $300,000 combined - single limit speed limits on haul roads imposed by the Company, the wearing of Automobile Liability $500,000 combined single limit hard hats by all individuals allowed on the Landfill premises, and the All insurance will be by` insurers authorized'to -do business in-,the-state in admittance order of vehicles arriving at the Landfill. Customer agrees to which the Landfill is located. Prior to Customer being allowed on Landfill conform to such rules and regulations as they may be established and premises. Customer shall provide the Company with certificates of insurance amended from time to time. or other satisfactory evidence that such insurance has been procured and is (b) The Company shall have the right to refuse to allow disposal of any in force, naming the Company as an additional insured_. Said policies shall Waste which does not conform to the requirements of this Agreement not thereafter be cancelled, be permitted to expire, or be changed without or to any applicable law, regulation, rule or order, even if only a part of thirty (30) days advance written notice to tie Company. the waste load is nonconforming. Customer shall inspect all Waste at 11. Failure to Perform. Neither party hereto shall be liable for its failure to perform the place of collection, and shall remove any unacceptable Waste before transporting it to the Landfill. The Company shall have the right to hereunder due to circumstances not its -fault and beyond its reasonable inspect all trucks of waste haulers including Customer in order to -- control, including but not limited to strikes or other labor disputes; riots, civil disturbance or sabotage; fires N s, explosions, accidents, Weather_ or acts determine whether the -Waste is conforming or nonconforming, .- it is of God affecting either party her :�in the event of any of the circurinstances understood, however, that the failure of the Company to perform- any such inspections, or the . failure of the Company to detect unacceptable- listed in the preceding- sentence, __ ur` it any f._, al, state or local -court or Waste despite such inspections, shall in no way relieve Custome'r_of its,' authority takes any, action which., _ would • (i) close - or restrict_ ope.. ,'ons at the Landfill, (!i� Ilrrrit tha'. tilt r3r prohibtt_ the_.dasposal<of -waste at the obligations to dispose of only such ste as is acceptable hereunder - Landfill, or (iii) limit the ability of or prohibit Gusto from delivering waste and under law. Customer shall be responsible for, and bear all reasonable to the Landfill, .the..- Compan Ill-have_ the option, to reduce, expenses incurred by Company in, the reloading and removal of unacceptable Waste, disposed of in- the Landfill by Customer._ .righL_at,Jts_ suspend or terminate Customer's access to the Landol immediately, without ' 'oral _._ prior -notice - and-wi t- any- liabilities - between- -the. parties, other (c) All of the Waste shall be weighed or its volume determined at the Landfill - than Customer's. payment obligations hereunder:, by the Company, and such weight. or measurement shall be conclusive - T2, Miscellaneous.. on the parties. (d) In the event that Customer's vehicle should become incapacitated or p (a) This Agreement shall 15 govemed by the laws of the state'in Which the Landfill is located: unable to move while on the Landfill premises, the Company rnay, but shall not be obligated to, provide assistance in moving the vehicle. In (b) No waiver of a breach of any of the covenants contained in this such circumstances, Customer's driver or agent shall make any necessary Agreement shall be construed to be a waiver -of any prier -or _succeeding connections to Customers vehicle, and Customer expressly agrees that breach of the, same covenant or of any other covenant of this Agreement. the Company shall have no liability for damage to Customer's vehicle or (c) Na modification, release-,'discharge or waiver of oily provision hereof shall property while providing such assistance. be of any force or effect, unless in writing, signed by all parties to this Agreement. 7. Payment. Customer shall pay the Company for disposal of Waste upon receipt :.d) Company and Customer shall treat as confidential and not disclose to of invoice. A finance charge equal to the maximum permitted under law, others during -or subsequent to the term of this Agreement, except as shall be applied to all overdue amounts. if Customer's account is thirty (30) is necessary to perform this Agreement, any information (including any days past due, the Company shall have the option to terminate this Agreement technical information, experience or data) regarding the other party's (other than payment obligations) or to temporarily suspend disposal privileges plans, programs, plants, processes, products, costs, equipment, operations until the account is brought current without terminating: this Agreement or or customers which may come within the knowledge of the parties or otherwise affecting the remaining terms hereof. Such payment policies, as their employees in the performance of. this Agreement, without in each well as the prices for disposal hereunder. may be modified by the Company instance securing the prior written consent of the other party. from time to time upon thirty (30) days' written notice to Customer. ie) If any term, covenant or provision of this Agreement shall be held to be $. Rights of Disposal. This Agreement does not grant any rights to dispose of invalid, illegal or unenforceable in any respect, this Agreement shall Waste other than in accordance herewith. The Company reserves the right remain in effect and be construed without regard to such provision. immediately to terminate access to the Landfill to Customer in the event of (f) This Agreement may not be- assigned by Customer without the prior breach or violation by Customer of any of the terms of this Agreement, the written consent of the Company. Company's operating rules or payment policies or any applicable laws. (g) This Agreement constitutes the entire understanding between the parties, 9. Indemnification. replacing and amending any prior agreements between the parties, and shall be binding upon all parties hereto, their successors, heirs, (a) Customer shall indemnify, defend and hold harmless the Company and representatives and assigns. Any provision, term or condition in any its subsidiaries, affiliates and parent corporation, as appiicaole, and their acknowledgment, purchase order or other response by- Customer which respective officers, directors, employees and agents, from and against is n addition to or different from the provisions of this Agreement shall any and all claims, suits, losses, liabilities, assessments, damages, costs be deemed objected to by the Company and shall be of no effect. and expenses including reasonable attorneys' fees, arising urder federal. state or local laws, regulations or ordinances relating to pollution or 13 ®:quidated Damages. in the event that this Agreement is terminated by protection of the environment, or relating to the colection. transportation ,ustomer in a manner not in accordance with Paragraph 4 hereof, or : erminated due to a breach of this Agreement by Customer, Customer shall or content of the Waste. or resulting from injury (including death) to the person or damage to or loss of the property of anyone (including the pay, as liquidated damages, and not as a penalty, the greater of an amount Company and Customer, and employees of the Company and Customer), equal to six (4 months'- service - charges or Customer's most recent monthly harge multiplied by six (6). Customer shall be given credit for any advance arising out of or in connection with the collection, transportation and payments made --hereunder,- I however, in computing the amount--owed as disposal of Waste by Customer; provided, however, that such indemni- liquidated damages hereunder. Customer acknowledges that this liquidated fication shall not apply to claims for loss, damage, injury or death if damages clause is reasonable and is applicable to recover damages related caused by the sole negligence of the Company. °o its investment in equipment, development of landfills and hiring of (b) Customer shall be responsible for and shall pay or reimburse the Company employees undertaken by the Company to service its customers for any and all expenses incurred by the Company as a result of rciuding Customer. This liquidated damages clause in no way relieves Customer breaches by Customer of its obligations hereunder, including, but not `'cm ,ts obligations and liability for ether costs or damages as set forth elsewhere limited to, fines and clean -up expenses resulting `rom waste delivered r 'his - •greement. Marcie 30, 2000 Dear Valued Customer: Taste Management is very proud to be a part of your business. We are committed to providing you with the most professional and reliable services available. In addition, we offer all of our customers the most diversified services available, assuring that the disposal of your materials are handled safely and thoroughly in accordance with federal, state, and local regulations. Similar to your business, we are faced with the challenge of beeping costs low while continuing to provide you with the quality service you have come to expect. The cost involved in operating an environmental service company, however, has steadily increased over the past years In order to have sufficient operating margins to continue to meet your and our high service standards, from time to time we have to increase our rates° Your next invoice will therefore reflect an increase in disposal costs. The rate schedule attached will become effective Tease sign the enclosed agreement and return in the enclosed self address. rekvelope. Waste Management's goal is to be able to continue to provide you with high quality, environmentally responsible service at a reasonable price. To achieve this goal, we will continue to invest in our business by utilizing the best available people and equipment. We sincerely appreciate the opportunity to service your solid waste disposal needs. Our Customer Service Center is always available to assist you in reviewing the disposal needs of your business. Please feel free to contact us at (918) 437-7773 should you have any questions. Sincerely, Waste Management MEMORANDUM EM DATE- HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY F. ROBERT CARR, JR., P.& PUBLIC WORKS DIRECTOR AZI, AMENDMENT TO AGREEMENT FOR ENGINEERING DESIGN SERVICES — WATER SYSTEM MASTER PLANNING April 27, 2000 BACKGROUND- On November 16, 1999, the Trustees approved an Agreement for Engineering Design Service for Water System Master Planning with Montgomery Watson. The Agreement was divided into eight (8) phases as follows: Task I Data Collection $6,529 Task 2 Update Existing Model 3,665 Task 3 Calibrate Model 16,078 Task 4 Evaluate Existing System 17,857 Task 5 Prepare Maps 3,760 Task 6 Develop Water Demand Projections 33,926 Task 7 Develop Capital Improvements Plan 37,918 Task 8 Training -. 3,,046 Total Lump Sum $122,779 To date, work has been principally directed toward data collection, updating the existing water model and model calibration. The water model serves as the basis for determining improvements needed to the existing distribution system and infrastructure required to meet future projections. Over the past month, Montgomery Watson has been attempting to finalize the water distribution system model. However, data collected in the field, which are used to verify modeling criteria, have not been consistent with the output of the computer model. The model has indicated the presence of closed valves in a portion of the system. These valves were verified and opened by City of Owasso field personnel. Montgomery Watson still believes there are other closed valves Page 2 Amendment to Agreement for Engineering Services and/or unidentified pressure reducing valves in the system that are significantly reducing water system pressures, Montgomery Watson has proposed that the most effective steps to locate remaining closed valves is to methodically trace pressures in the main lines. The objective is to identify pipe segments with unexplained pressure drops that would indicate a closed valve or pressure reducing valve. Engineers will assist field personnel by using a notebook computer running the distribution system model in the field. This procedure will allow quick comparisons of pressure obtained in the field with pressures predicted in the model. -Areas of discrepancy will be pinpointed for closer investigation. Should a closed valve be identified, the valve will be opened. If a pipe segment appears to have a closed valve, but no valve can be located in the field, the model will be changed to reflect the closed valve condition. Subsequent analysis of the system needs will determine if the closed valve is critical and should be uncovered and opened at a later date, AMENDMENT TO THE AGREEMENT- Attached is a copy of a request to amend the Agreement to include this unforeseen additional work. The fee amendment for additional field services and recalibration are listed as follows: Task Hours Fee Preliminary identification of closed valves 48 $5,030 Assist field crews to locate closed valves (2 engineers, 3 days) 64 $7,078 Identify new calibration test locations 14 $1,446 Collect field data for 2nd calibration (2 engineers, I day) 24 $2,577 Recalibration effort to adjusting model 28 $3,151 Evaluate existing system (Task 4) -22 -$2,067 Prepare maps (Task 5) -16 -$1 503 Total Amendment 140 $15,712 The fee includes extra manhours invested in investigating the cause of the pressure discrepancies and determination of probable locations of closed valves. A reduction in budgets for Tasks 4 and 5 have been included. Calibration work already completed has provided the engineers with a better system understanding that reduces the manhours needed. Work proposed in this amendment could not be anticipated during scope of work definition for the original Agreement. These tasks are required to produce a computer model that is accurate for the City of Owasso water distribution system.. Conclusions that will be made in subsequent works tasks are dependent upon a reliable model. Page 3 Amendment to Agreement for Engineering Services FUNDING. '1 -'he master plan was not specifically included in the FY99- -00 budget; therefore, funding of the amendment will be provided from available cash in the OPWA. RE COMMENDA,rION- Staff recommends Trustee approval and authorization of the Chair to execute an Amendment to the Agreement for Engineering Design Services for Water System Master Planning with Montgomery Watson in an amount not to exceed $15,712. ATTACHMENTS: 1. =fetter dated April 24, 2000 requesting an Amendment to Engineering Services Agreement with Montgomery Watson Apr -24 -2000 06:29pm ProrrWNTGOVERY WATSON April 24, M,r, Roberc Carr, Public Works Director City of Own ;So Public Works Depaament Po O' Box l Owasso, Oklahorm 74055 +2143600963 T -216 8.0026003 F -437 0 Proposed Warer Mister Plan Fee rriendtnent for Field Services in Locating Closed Valves and Recalibraxion of Miadel L r. an- We beliLve that The most offIcienj way to locate the remaining closed. v 1ve!i for Montgomery Watson staff to work' with City vulve crews to morbodically trace p:res-% drops in The main lanes to identify pipe segynents with unexplained press drops that would indicate a closed valve or pressure reducing valve We have already identified other areas where we believe closed valves are present, We have budgeted for two document the results of t+ investigation Technical Memorandum #3. MW engineers to be in the field for three days- We will field and the changes to all valve positions 7557 Rimbler Rvmr. Tot 21a 3609029 Serving 8ha Worm N Envir®/PP6iangui Wads Su�CC rc30 Fz" 214 360 4Yti3 Dalim, Texas 75231 Apr-24-2000 06:28pm From-MONTGOWERY WATSON +2143609963 T-218 P-003/008 F-43T Sincerely, I DI in, P.F- PrmcjpW Engmecr co Ron Cass