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HomeMy WebLinkAbout2006.03.21_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: Regular DATE: March 21, 2006 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall at 5:00 p.m. on Friday, March 17, 2006. pp Juliann M. Stevens,,Administrative Assistant AGENDA 1. Call to Order Chairman Thoendel 2. Flag Salute 3. Roll Call 4. 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 March 6, 2006 Special Meeting and the March 7, 2006 Regular Meeting. Attachment # 4-A B. Approval of Claims. Attachment # 4 -B Ca Acknowledgement of receiving the monthly FY 2005 -2006 budget status report. Attachment # 4 -C S \Agendas \OPWA\2006 \0321.dac Owasso Public Works Authority March 21, 2006 Page 2 5. Consideration and appropriate action relating to a request for Trustee approval of an agreement for engineering services for a Wet Weather Flow Study. Ms. Stagg Attachment #5 Staff will recommend Trustee approval of an agreement for engineering services between the Owasso Public Works Authority and Greeley and Hansen, LLC of Chicago, Illinois for the purpose of conducting a Wet Weather Flow Study in the amount of $147,316 and authorization of the Chairman to execute the agreement. 6. Consideration and appropriate action relating to a request for Trustee approval of Resolution No. 2006 -03, a resolution declaring the intent of the Owasso Public Works Authority to expend certain funds in connection with Wastewater System Improvements, with said expenditures to be reimbursed from the proceeds of debt to be incurred by the Authority; and, containing other provision relating thereto. Ms. Bishop Attachment #6 Staff will recommend Trustee approval of Resolution No. 2006 -03. 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. S4Ag- &sVOPWAA2006A0321.doc OWASSO PUBLIC WORKS AUTHORITY MINUTES OF SPECIAL MEETING Monday, March 6, 2006 The Owasso Public Works Authority met in a special meeting on Monday, March 6, 2006 in the Lower Level Conference Room at City Hall, 111 N. Main Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 12:00 PM on Thursday, March 2, 2006. ITEM 1: CALL TO ORDER. Chairman Thoendel called the meeting to order at 10.01 AM. PRESENT ABSENT Craig Thoendel, Chairman Wayne Guevara, Trustee Steve Cataudella, Vice Chair Susan Kimball, Trustee Brent Colgan, Trustee A quorum was declared present. ITEM 2: CONSIDERATION AND APPROPRIATE ACTION RELATINGT TO A REQUEST FOR TRUSTEE ADOPTION OF RESOLUTION NO. 2006 -02 A RESOLUTION APPROVING AND AUTHORIZING A DRINKING WATER SRF LOAN FROM THE OKLAHOMA WATER RESOURCES BOARD IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $4,853,250.00; APPROVING THE ISSUANCE OF A PROMISSORY NOTE IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $4,853,250.00, SECURED BY A PLEDGE OF REVENUES AND AUTHORIZING ITS EXECUTION; APPROVING AND AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT FOR DRINKING WATER SRF LOAN; APPROVING AND AUTHORIZING THE EXECUTION OF A SECURITY AGREEMENT-, RATIFYING A LEASE AS AMENDED BY AN AMENDMENT TO LEASE; AUTHORIZING DOCUMENTS PERTAINING TO A YEAR -TO -YEAR PLEDGE OF CERTAIN SALES TAX REVENUE; APPROVING VARIOUS COVENANTS, AND AUTHORIZING PAYMENT OF FEES AND EXPENSES, CONTAINING OTHER PROVISIONS RELATING THERETO. Trustee Kimball moved, seconded by Trustee Cataudclla, to adopt Resolution No. 2006 -02. The motion carried 4 -0. Owasso Public Works Authority March 6, 2006 ITEM 3: ADJOURNMENT Trustee Kimball moved, seconded by Trustee Cataudella, to adjourn the meeting. The motion carried and the meeting was adjourned at 10:05 AM. Craig Thoendel, Chairman 01 OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, March 7, 2006 The Owasso Public Works Authority met in regular session on Tuesday, March 7, 2006 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, March 3, 2006. ITEM 1. CALL TO ORDER The meeting was called to order at 7:14 p.m. ITEM 2. FLAG SALUTE The flag salute was held during the City Council meeting preceding this meeting. ITEM 3. ROLL CALL PRESENT Steve Cataudella, Vice Chair Brent Colgan, Trustee Susan Kimball, Trustee A quorum was declared present. STAFF Rodney J. Ray, Authority Manager Julie Lombardi, Authority Attorney ABSENT Craig Thoendel, Chairman Wayne Guevara, Trustee I I OF Ell I mime—, 03 I'M BURN I0 W.11 9 U tOWA go 1 0 1 101loon , MXINKNI�� -K—eiggivel A ON A. Approval of Minutes of the February 219 2006 Regular Meeting. B. Approval of Claims. Mr. Colgan moved, seconded by Ms. Kimball, to approve the OPWA Consent Agenda with claims totaling $534,281.75 and payroll claims totaling $62,620.83. YEA: Cataudella, Colgan, Kimball NAY: None Motion carried 3-0. Owasso Public Works Authority ITEM 5. REPORT FROM OPWA MANAGER [Life ITEM 6. REPORT FROM OPWA ATTORNEY None ITEM 7. NEW BUSINESS ITEM 8. ADJOURNMENT Mr. Colgan moved, seconded by Ms. Kimball, to adjourn. YEA: Cataudella, Colgan, Kimball NAY: None Motion carried 3-0 and the meeting was adjourned at 7:15 p.m. Pat Fry, Minute Clerk 2 March 7, 2006 Craig Thoendel, Chairman OPWA CLAIMS TO BE PAID 03/21/06 VENDOR DESCRIPTION AMOUNT CHICK -FIL -A WATER TAP REFUND 1,675.00 REFUND TOTAL 1,675.00 CARTRIDGE WORLD INKJET CARTRIDGE 100.00 OFFICE DEPOT OFFICE SUPPLIES 21.84 SAMS CLUB OPERATING SUPPLIES 79.54 AEP /PSO 02/06 USE 1,420.57 OKLAHOMA NATURAL GAS 02/06 USE 187.35 IKON OFFICE SOLUTIONS COPIER MAINT 77.80 SOUTHWESTERN BELL PHONE USE 259.56 THE FADLER COMPANY BREAKFAST/TRAINING SESSION 46.14 OKLA TRANSPORTATION AUTHORITY PIKE PASS 13.40 TREASURER PETTY CASH CLASS FEE - CLINE /HR TRAINING 60.74 ADMINISTRATION DEPT TOTAL 2,266.94 MID - AMERICA COLLECTION SERVICES COLLECTION SERVICES 151.61 DAVID R. OLINGHOUSE METER READINGS 508.20 TYRONE EUGENE DINKINS METER READINGS 356.95 RODRIGUEZ, VICTOR METER READINGS 91.80 KATHLEEN A BALSIGER METER READINGS 120.60 TOMMY G ARRINGTON METER READINGS 127.80 MARK METER METER READINGS 530.10 TECHNICAL PROGRAMMING SERVICES BILLING SERVICES 3,045.95 TPI BILLING SOLUTIONS WARRANT COLLECTIONS 209.75 UTILITY BILLING DEPT TOTAL 5,142.76 WATER PRODUCTS METER /METER SET SUPPLIES 847.86 LOWES KEY 3.41 UNIFIRST HOLDINGS UNIFORMS /PROT CLOTHING 48.56 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS /PROT CLOTHING 4140 UTILITY SUPPLY CO FIRE HYDRANT REPAIR PARTS 684.37 L & S DEDMON TRUCKING ROCK HAUL 340.00 WATER PRODUCTS SUPPLIES -WATER LEAKS 684.77 APAC, INC ASPHALT 85.54 WATER PRODUCTS WATER METER REPLACEMENTS 23,205.00 WATER PRODUCTS WATER METER REPLACEMENTS 5,011.20 WATER PRODUCTS WATER METER REPLACEMENTS 5,510.50 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 156.87 FUELMAN FUEL CHARGES 1,384.43 ATWOODS AIR RATCHET 55.85 CITY OF TULSA PURCHASED WATER 127,286.54 AEP /PSO 02/06 USE 876.72 SOUTHWESTERN BELL NON- PLEXAR- 9181493649 91.20 DITCH WITCH OF TULSA HYDRAULIC EXCAVATOR 29,406.89 WATER DEPT TOTAL 195,723.11 NORTH CENTRAL LABS FIVE GALLON PLASTIC SPIGOT 234.44 LOCKE SUPPLY UNIVERSAL CEMENT 5.13 SAMS CLUB OPERATING SUPPLIES 108.27 OMNI WATER CONSULTANTS CHEMICALS /SODIUM HYPOCHLORITE 2,747.25 VENDOR DESCRIPTION AMOUNT UNIFIRST HOLDINGS UNIFORMS /PROT CLOTHING 82.73 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS /PROT CLOTHING 43.40 CROW BURLINGAME COMPANY HAND CLEANER 28.53 OWASSO FENCE GATE ROLLER 49.24 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 77.20 BAILEY EQUIPMENT LAWNMOWER REPAIR 62.28 FUELMAN FUEL CHARGES 266.90 LOWES GRINDER 89.00 CROW BURLINGAME COMPANY SNAP RING PLIERS 11.09 GREEN COUNTRY TESTING TECH SERVICE 120.00 AEP /PSO 02/06 USE 19,848.93 SOUTHWESTERN BELL PHONE USE 97.35 ACCURATE LABORATORY SUPPLIES TRAINING - DELGADO 200.00 WW TREATMENT PLANT DEPT TOTAL 24,071.74 ACCURATE LABORATORY SUPPLIES OPERATION MANUALS 120.00 GRAINGER PADLOCKS -WATER TOWER 78.55 WATER PRODUCTS MARKING PAINT 73.20 ESTES, INC WEED /GRASS KILLER 82.00 UNIFIRST HOLDINGS UNIFORMS /PROT CLOTHING 193.05 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS /PROT CLOTHING 43.40 LOCKE SUPPLY REPAIR MAINT SUPPLIES 189.92 WATER PRODUCTS MANHOLE SUPPLIES 306.72 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 8.75 FUELMAN FUEL CHARGES 812.72 AEP /PSO 02/06 USE 3,694.51 VVEC LIFT STATION USAGE 411.36 OKLAHOMA NATURAL GAS 02/06 USAGE 16.56 ROTO- ROOTER SERVICE MAIN SEWER LINE 143.90 LOT MAINTENANCE OF OKLAHOMA VAC /CLEAN SEWER LINES 2,937.50 EQUIPMENT ONE RENTAL & SALES RENTAL - MAINLINE SNAKE 28.00 SOUTHWESTERN BELL NON - PLEXAR- 9181493111 181.20 SOUTHWESTERN BELL NON - PLEXAR- 9183718853 51.36 WASTEWATER DEPT TOTAL 9,372.70 WILLIAMS REFUSE EQUIPMENT REFUSE CART REPAIR PARTS 5,399.32 UNIFIRST HOLDINGS UNIFORMS /PROT CLOTHING 54.24 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS /PROT CLOTHING 43.40 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 3,615.48 FUELMAN FUEL CHARGES 2,679.13 L & S DEDMON TRUCKING PUSH OFF YARDWASTE 1,250.00 SOUTHWESTERN BELL PHONE USE 19.47 REFUSE DEPT TOTAL 13,061.04 UNIFIRST HOLDINGS UNIFORMS /PROT CLOTHING 13.60 AEP /PSO 02/06 USE 122.35 SOUTHWESTERN BELL PHONE USE 19.48 WASTE MANAGEMENT QUARRY LANDFILL TIPPING FEES 925.01 RECYCLE DEPT TOTAL 1,080.44 OPWA OPERATING FUND TOTAL 252,393.73 VENDOR DESCRIPTION AMOUNT UNIFIRST HOLDINGS UNIFORMS /PROT CLOTHING 82.73 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS /PROT CLOTHING 43.40 CROW BURLINGAME COMPANY HAND CLEANER 28.53 OWASSO FENCE GATE ROLLER 49.24 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 77.20 BAILEY EQUIPMENT LAWNMOWER REPAIR 62.28 FUELMAN FUEL CHARGES 266.90 LOWES GRINDER 89.00 CROW BURLINGAME COMPANY SNAP RING PLIERS 11.09 GREEN COUNTRY TESTING TECH SERVICE 120.00 AEP /PSO 02/06 USE 19,848.93 SOUTHWESTERN BELL PHONE USE 97.35 ACCURATE LABORATORY SUPPLIES TRAINING - DELGADO 200.00 WW TREATMENT PLANT DEPT TOTAL 24,071.74 ACCURATE LABORATORY SUPPLIES OPERATION MANUALS 120.00 GRAINGER PADLOCKS -WATER TOWER 78.55 WATER PRODUCTS MARKING PAINT 73.20 ESTES, INC WEED /GRASS KILLER 82.00 UNIFIRST HOLDINGS UNIFORMS /PROT CLOTHING 193.05 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS /PROT CLOTHING 43.40 LOCKE SUPPLY REPAIR MAINT SUPPLIES 189.92 WATER PRODUCTS MANHOLE SUPPLIES 306.72 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 8.75 FUELMAN FUEL CHARGES 812.72 AEP /PSO 02/06 USE 3,694.51 WEC LIFT STATION USAGE 411.36 OKLAHOMA NATURAL GAS 02/06 USAGE 16.56 ROTO- ROOTER SERVICE MAIN SEWER LINE 143.90 LOT MAINTENANCE OF OKLAHOMA VAC /CLEAN SEWER LINES 2,937.50 EQUIPMENT ONE RENTAL & SALES RENTAL- MAINLINE SNAKE 28.00 SOUTHWESTERN BELL NON - PLEXAR- 9181493111 181.20 SOUTHWESTERN BELL NON - PLEXAR- 9183718853 51.36 WASTEWATER DEPT TOTAL 9,372.70 UNIFIRST HOLDINGS UNIFORMS /PROT CLOTHING 54.24 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS /PROT CLOTHING 43.40 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 3,615.48 FUELMAN FUEL CHARGES 2,679.13 L & S DEDMON TRUCKING PUSH OFF YARDWASTE 1,250.00 SOUTHWESTERN BELL PHONE USE 19.47 REFUSE DEPT TOTAL 7,661.72 UNIFIRST HOLDINGS UNIFORMS /PROT CLOTHING 13.60 AEP /PSO 02/06 USE 122.35 SOUTHWESTERN BELL PHONE USE 19.48 WASTE MANAGEMENT QUARRY LANDFILL TIPPING FEES 925.01 RECYCLE DEPT TOTAL 1,080.44 OPWA OPERATING FUND TOTAL 246,994.41 .� . Loll 9 i rA Is] : ►\ ilr�l l�� 3/4/2006 OVERTIME TOTAL EXPENSES EXPENSES OPWA Administration 0;00 $13,522.00' Utility Billing 83.50 4,577.71 Water 1825.79 9,609.49 Wastewater 39.39 12,890.18 Wastewater Collection 251.10 9,585.45 Refuse 328.58 8,595.29 Recycle Center 0.00 1,453.76' FUND TOTAL $2,528 -:36 $60,233.88 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY - OPERATING FUND FISCAL YEAR 2005 -2006 Statement of Revenues & Expenses As of February 28, 2006 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 MONTH YEAR 1,725,520 TO -DATE TO -DATE BUDGET 2,355,743 70.93% 246,420 2,396,301 2,660,000 96,202 765,418 1,090,000 74,018 642,861 983,000 35,983 334,332 470,000 1,717 21,902 19,500 454,341 4,160,814 5,222,500 NET INCOME (LOSS) WORKING CAPITAL - Beginning Balance WORKING CAPITAL - Ending Balance PERCENT OF BUDGET 90.09% 70.22% 65.40% 71.13% 126,815 1,062,564 1,725,520 61.58% 175,236 1,670,860 2,355,743 70.93% 95,176 481,672 723,065 66.62% 50,300 290,992 752,147 38.69% 447,527 3,506,089 5,556,475 63.10% 6,813 654,725 (333,975) (25,000) (200,000) (300,000) 66.67% (18,187) 454,725 (633,975) 1,050,305 1,000,000 1,505,030 366,025 TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC VOORKS AUTHORITY FROM: AGREEMENT PUBLIC WOZ� O, ENGINEERING SERVICES WEATHER WET STUDY DATE: March 15, 2006 BACKGROUND: The Wastewater Master Plan, completed in May 2005, outlined a 20 -year plan for the upgrade of existing wastewater treatment and sewer collection infrastructure to proactively address the growing demand of the Owasso community. Recommendations included the investment of nearly $15 million in treatment plant expansions and over $25 million in collection system improvements over the next 20 years to address ultimate — or build -out — demand projections for the Owasso service area. In addition to improvements recommended for future growth, the plan also identified system deficiencies which significantly hinder — or limit — existing conveyance and treatment capacity. Such deficiencies were ranked and prioritized for implementation in the next five years, totaling an investment of nearly $10 million. FY 2005 -2006 budget provides adequate funding for the replacement of aging or malfunctioning equipment including the replacement of pumps at the E. 117"' Street North Lift Station, upgrade of pumps at the Relief Pump Station and relocation of Return Activated Sludge piping at the Wastewater Treatment Plant. On March 1, 2006, a workshop was held with members of Greeley and Hansen and City staff to develop a 5 -year plan for the design, financing and construction of recommended improvements. The consultant communicated that recommendations for the upgrade of the conveyance system — to include the replacement of pumps at the E. 117th East Lift Station at a cost of $142,800 — were based on pump draw -down test and not on flow monitoring — as would be required to best access needed pumping capacity. It was determined that a comprehensive flow monitoring study would be necessary to determine whether higher capacity pumps would be required, making the replacement of such pumps or enhancement of any conveyance /pumping infrastructure — premature and /or inefficient at this point. Agreement for Engineering Services Wet Weather Flow Study Page 2 of 3 Following the conclusion of the workshop, it was recommended that a comprehensive Wet Weather Flow Monitoring Study be completed prior to the construction of sewer improvements. Such study would complement the work performed in the Wastewater Master Plan by providing empirical data for the calibration of the OPWA's sewer model to detail how wet weather flows impacts the collection system. The additional work would provide a plan for corrective action to minimize infiltration of rain/groundwater in the sewer system and would also allow for further refinement of the recommendations to the Capital Improvements Plan (CIP) presented in the Wastewater Master Plan. Finally, and perhaps most importantly, this study would enable the City to seek funding – as a Drinking Water State Revolving Fund loan – for the cost - effective, planned implementation of such CIP projects. ENGINEERING SERVICES AGREEMENT, On March 8, 2006, Greeley and Hansen submitted a proposal for the completion of a Wet Weather Study to complement the work performed under the Wastewater Master Plan completed by the same in 2005. The work will enable the OPWA to model the effects of wet weather on the sewer conveyance system for the proper sizing of collection system elements. An addendum to the Master Plan will be developed, detailing impacts of wet weather flow, to recommend corrective actions and upgrades to the system. A lump sum fee proposal of $147,316 was submitted and an Agreement for Engineering Design Services was drafted in a standard folnnat previously approved by the City Attorney. The project is divided into five (5) work tasks as follows: Define objective and deliverables Perform flow monitoring Perform VI study — Update /calibrate collection system model — Update Master Plan CIP recommendations PROJECT SCHEDULE: The Work is scheduled to begin in April 2006 and be completed by October 2006, subject to weather. FUNDING: Funding for this project will be obtained from the Oklahoma Water Resources Board (OWRB) via a loan from the Drinking Water State Revolving Fund. FY 2005 -2006 allocation for Wastewater Improvements, Line Items 62- 455 -54270 ($142,800.00) and 62 -450 -54270 ($4,516) provides sufficient temporary funding pending reimbursement from OWRB. It is worth noting that, following the completion of the pump test at the E. 117"' Street North Lift Station, it was discovered that rags were significantly impairing the capacity of the pumps. Staff Agreement for Engineering Services Wet Weather Flow Study Page 3 of 3 has addressed the source of rags — eliminating their presence from the sewer system -- thereby improving the performance of the existing equipment. Personnel also performed maintenance on the equipment, further improving system performance. Thus, the immediate replacement of such pumping equipment is no longer necessary to prevent the occurrence of a bypass or overflow. This has afforded adequate time for the completion of the flow study prior to pump replacement, which is now scheduled to occur in the next 18 months. RECOMMENDATIONS: The staff recommends the Trustee approval of an Agreement for Engineering Services for a Wet Weather (UI) Flow Study with Greeley and Hansen, LLC (Chicago, Illinois) in the amount of $147,316 and authorization of the Chair to execute the document. ATTACHMENTS: A. Engineering Services Agreement �� 1 ► 'arre a To- .. r. ' Wet Weather Study and Oklahoma Public Works • THIS AGREEMENT, made and entered into this March 17, 2006 between the Owasso Public Works Authority (OPWA), a Municipal Corporation, of Oklahoma, hereinafter referred to as OPWA and Greeley and Hansen LLC, hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, the OPWA intends to perform a Wet Weather Study, hereinafter referred to as the PROJECT; and, WHEREAS, the OPWA requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; 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. OPWA'S RESPONSIBILITIES. The OPWA shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF OPWA, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. The OPWA shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE /MANHOUR 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 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 OPWA. 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. 7. 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 OPWA 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 is 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 the OPWA or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 81. 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. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall 2 be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify the OPWA from and against legal liability for damages arising out of the performance of the SERVICES for the OPWA, 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 OPWA or any other contractor or consultant of the OPWA. 9.2. ENGINEER shall not be liable to the OPWA 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. The OPWA agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of the OPWA and ENGINEER for contractor's negligence. 10.2. The OPWA shall require construction contractor(s) to name the OPWA and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. 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 $100,000 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. 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. 3 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. 12.2. ENGINEER shall furnish the OPWA certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the OPWA. 13. 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 OPWA. 13.2. The OPWA'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at the OPWA'S risk. 14. 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. The OPWA shall have the right to terminate this AGREEMENT, or suspend performance thereof, for the OPWA'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to the OPWA. In the event of termination or suspension for the OPWA'S convenience, the OPWA 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. 15. NOTICE. 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: Kenneth V. Johnson Greeley and Hansen LLC 100 S. Wacker Drive, Suite 1400 Chicago, Illinois 60606 To OPWA: Oklahoma Public Works Authority P.O. Sox 180 Owasso, Oklahoma 74055 4 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and the OPWA. 16. UNCONTROLLABLE FORCES. Neither the OPWA nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either the OPWA or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. The OPWA may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the OPWA over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the OPWA's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Director of Public Works, and any plans or specifications not meeting the terms set forth in this 5 AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the OPWA staff initially and periodically thereafter and will be available for public meetings and/or City of Owasso presentations. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Joseph M. Gorgan as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of the OPWA. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Trustees of the Oklahoma Public Works Authority. APPROVED: City Clerk APPROVED AS TO FORM: City Attorney Greeley and Hansen LLC Kenneth V. Johnson Principal Date Ronald F. Martin Principal Date Oklahoma Public Works Authority Trustee Date 6 Scope of Project Attachment A SCOPE OF PROJECT The PROJECT shall consist of the project described as: A comprehensive Wet Weather Study will be performed that once completed will provide the OPWA's existing collection system model the capability of modeling the effects of wet weather. Temporary flow meters will be installed at select locations in the collection system to evaluate its response to wet weather events. Measured flows will be used to calibrate a hydrologic model, which will be added to the existing collection system model. This hydrologic model will be used to simulate the response of the collection system to wet weather events. The calibrated collection system model will then be used to refine the results of the Master Plan, as they relate to the collection system. The Master Plan will be updated to indicate how wet weather flows may impact the collection system. Recommendations will be made that allow the collection system to convey wet weather flows to the wastewater treatment plant through out the 20 -year planning period. The Capital Improvements Plan (CIP) will be modified to reflect these recommendations. In addition, a separate Inflow and Infiltraton (I /1) Study Report will be prepared and submitted to the OPWA of Owasso. The study will approximate I/1 rates for the OPWA's collection system. The study will also quantify peak weather inflow, dry weather infiltration and rainfall dependent infiltration for each region of the collection system monitored during flow monitoring. The Wet Weather Study will incorporate information from the following OPWA studies: ® Wastewater Master Plan Update date May 2005, completed by Greeley and Hansen LLC. The execution of the work will be broken up into five major work tasks, as follows: 1. Project Management, which includes overall project management tasks, and the Kick Off Meeting. 2. Flow Monitoring of the existing Owasso Collection System. 3. Perform an Infiltration and Inflow Study on the existing Owasso Collection System. 4. Perform a Wet Weather Evaluation that includes developing a Hydrologic Model, calibrate the collection system model to include the results of the wetweather modeling and evaluating the existing collection with calibrated collection system model based upon predicted flows and loads to the wastewater treatment plant. 5. Update the previously developed Master Plan to include the results of the collection system wet weather modeling. A more detailed description of each work task is provided as part of Attachment B. OWASSaWET WEATHER ATTACHMENT A A -1 f The services to be performed by the ENGINEER, Greeley and Hansen LLC, under this AGREEMENT will consist of performing a Wet Weather Study for the OPWA's existing collection system. The execution of the work will be broken up into five major work tasks, as stated below. 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 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. The Basic Services of ENGINEER include, but are not necessarily limited to, the following tasks: Greeley and Hansen LLC propose to furnish the OPWA the following professional engineering services for the development of the Wet Weather Study: 1, Project Kick Off 1.1 Kick Off Meeting - Greeley and Hansen and their subconsultant will conduct a meeting with the OPWA personnel to initiate project activities. The purpose of the meeting is to: • Identify Key Project Personnel from the OPWA and the Engineering Project Team • Review General Project Requirements and Scope • Establish the Appropriate Lines of Communication and Procedures for Informational Requests and Reviews. • Discuss Project Schedule and Identify Key Project Deliverables. • Establish Meeting Note Protocol. • Submit Initial Information Request to the OPWA. 1.2 Project Management - Project management activities include preparing the monthly invoices and project status reports for the OPWA'S review. ISM 2. Flow Monitoring The majority of the flow monitoring task will be performed by ENGINEER'S local subconsultant, MGD Technologies. Greeley and Hansen will oversee their work and provide coordination when necessary. 2.1 Pre- Install Site Inspection - The attached figure indicates the recommended flow monitoring sites. MGD Technologies will be responsible for inspecting the sites prior to meter installation. If any of these sites are found to be hydraulically inadequate for flow meter installation, MGD Technologies will recommend alternative locations. 2.2 Meter Installation - Flow meter installation will be performed by MGD Technologies. This task is expected to take two days, all MGD Technologies staff is OSHA certified for confined space entry. A total of nine flow meters at nine different locations will be installed. Sigma 910 AV flow meters will be used on this project. These meters are capable of accurately measuring sewer flows in both free flow and surcharged conditions. By measuring both depth and velocity, these meters are capable of accurately measuring flow under free flow, surcharge, and backwater conditions. Rain gauges will be installed at no less than two sites to record the temporal variations of rainfall events that occur during the flow - monitoring period. 2.3 Data Collection - Flow monitoring would begin in April 2006 and last up to three months. During this time, MGD will maintain the flow meters as required and download data once per week for the first month, and bi- weekly for the remaining two months. 2.4. Meter Removal - MGD Technologies will remove the flow meters at the end of the three month flow monitoring period. 2.5 Data Analysis - MGD Technologies will forward the raw flow data to Greeley and Hansen for evaluation. Greeley and Hansen will review the flow data for accuracy, identify any problems or discrepancies, and perform a cursory review of dry and wet weather flows. 3. Infiltration & Inflow Study 31 Infiltration & Inflow Study - A system wide I/I Study will be conducted. The study will identify dry and wet weather periods from performing the collection system flow monitoring. For each monitored subsystem, 1/1 will be quantified and relationships between rainfall and peak wet weather flows will be developed. Those areas where I/I is found to be the most severe will be recommended for a Sewer Evaluation Study (SSES) to locate specific sources of 1/1 and recommended corrective actions. A report will be prepared and submitted detailing the findings of the 1/1 Study. The report will also include a detailed evaluation of each subsystem including hydrographs, I/I rates, transport and treatment cost estimates. B -2 4. Wet Weather Evaluation 4.1 Hydrologic Model Development - The collection system model will be updated by adding a hydrologic model capable of simulating the collection system response to rainfall. Hydrologic model development involves evaluating each subcatchment of the model and adding key hydrologic parameters such as percent impervious, ground slope, soil type, etc. Initial estimates of these parameters will be made, and they will be refined as necessary during the calibration process. 4.2 Model Calibration - Model calibration involves inputting measured rainfall data recorded during the flow - monitoring program. The model is then run and the resultant system flows are compared to measured flows at each of the flow monitoring sites. Model parameters are fine -tuned in order to obtain a better fit between measured and simulated flows. 4.3 Wet Weather Evaluation - Once the model is calibrated and adequately predicts the response of the system to a variety of wet weather events, the calibrated model will be used to perform a wet weather evaluation of the collection system. This evaluation will involve a continuous simulation of the collection system to a typical rainfall period of not less than three years. Potential annual average system overflow frequencies and volumes will be developed and system bottlenecks identified. 4.4 Report Development - The findings of this evaluation will be included as part of the addendum to the Mater Plan Update. 5. Master flan Update 5.1 Updated Master Plan - An addendum to the Wastewater Master Plan Update will be prepared. The addendum will modify the original recommendations of the Wastewater Master Plan Update as they relate to the collection system based upon the results of the Wet Weather Evaluation. The Capital Improvement Plan as it relates to the collection system will be modified as well and included in the addendum. The collection system model, updated to include the effects of wet weather flow, will be turned over to the OPWA for their use. The Owasso staff will be trained in the use of the modified model. 5.2 Master Plan Meeting -- After the Master Plan has been updated, it will be submitted to Owasso staff for their review and comment. After an agreed upon review period, a meeting will be held between Greeley and Hansen and Owasso staff to review the updated Master Plan and discuss any comments they may have. The master Plan will be modified to incorporate Owasso Staff questions and con vents. Ten copies of the final updated Master Plan will be submitted to Owasso Staff for their use. 5.3 Staff Training - Owasso Staff will be instructed on the specifics of the use of the final, calibrated model collection system model. We will also be available to assist Owasso staff by answering any questions they may have concerning the model. B -3 Agreement Engineering • . • Weather Study a •' 7 ■ 1 Attachment RESPONSIBILITIES OF THE OKLAHOMA PUBLIC WORKS AUTHORITY. The OPWA agrees: A. Scheduling. Provide notice to proceed at least 14 days prior to installation of flow monitoring equipment. B. Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: 13.1. Records, reports, studies, plans, drawings, and other data available in the files of the OPWA that may be useful in the work involved under this AGREEMENT. 13.2. ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the OPWA. C. Access. To provide access to public and private property when required in performance of ENGINEER's services. Field locate all selected flow monitoring sites and verify accessibility. D. Staff Assistance. Designate in writing a person 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 the OPWA'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. D.1. Furnish staff assistance in locating, both horizontally and vertically, existing OPWA owned utilities. D2. Confirm that selected sites are free of sediment and debris. Recommend upstream or downstream alternative sites as necessary. D.3. Provide heavy traffic control as necessary during flow meter installation, download and removal. Heavy traffic control may include, but not be limited to, traffic plan(s), flag person(s), arrow board(s), lighted sign board(s), etc. E. 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. C -1 ` I , r. fflifiml I . The OPWA agrees to pay, as compensation for services set forth in Attachment B, a total lump sum fee of One hundred fortyseven thousand and three hundred sixteen dollars ($147,316.00) for the services described in Attachment B. ENGINEER shall submit monthly invoices based upon the proportion of the total services actually completed at the time of billing. Invoices are due and payable within 30- calendar days of receipt by the OPWA. A breakdown of the lump sum amount to be billed for each of the work tasks is shown as follows: OkKlahoma Public Works Authori 1. Costs shown above do not include modeling software. The OPAVA to purchase modeling software separately. OWASSO WET WEATHER ATTACHMENT D D -1 Wet Weather Study Estimated Work Task Feel 1. Project Management $ 5,279 2. Flow Monitoring $ 81,537 3. Infiltration & Inflow Study $14,634 4. Wet Weather Evaluation $ 24,612 5. Master Plan Update $17,254 Subtotals: $143,316 Travel $ 3,000 Reproduction/ Printing $1,000 Total: $147,316 Notes: 1. Costs shown above do not include modeling software. The OPAVA to purchase modeling software separately. OWASSO WET WEATHER ATTACHMENT D D -1 Agreement for Engineering Services Oklahoma Public Works Authority Wet Weather Study LABOR HOUR SCHEDULE Man -Hour /Fee Schedule Attachment E Attachment E, 9:46 AM, 3/17/2006 Direct Labor Hours - Greeley and Hansen Project Project GIS/ Project Total Estimated MGD Total Task Description Director Manager Modeler Engineer Hours Compensation Technologies Cost Billing Rates: 230 189 139 86 1. Project Mana2ernent a. Kick -Off Meeting (Subcontractor to attend meeting) 0 8 0 0 8 $1,512 $735 b. Project Management 4 8 0 0 12 $2,432 Subtotal - Pr®ject If7aua,;euaeut 4 16 0 0 20 $3,944 $735 $5,279 2. Flow Monitoring a. Pre- Install Site Inspection 0 0 4 0 4 $556 $4,410 b_ Meter Installation 0 0 0 0 0 $0 $8,820 C. Data Collection 0 0 16 0 16 $2,224 $56,669 d. Meter Removal 0 0 0 0 0 $0 54,410 C. Data Analysis 0 8 32 0 40 S5,960 Subtotal -Flow Pionttorirz� 0 0 52 0 52 $7,228 $74,309 $81,537 3. Infiltration & Inflow Studv 0 8 48 75 131 $14,634 $0 $14,634 4. Wet Weather Evaluation a. Hydrologic Model Dcvelopment 0 0 40 0 40 $5,560 b. Model Calibration 0 0 40 0 40 $5,560 C. Wet Weather Evaluation 0 8 40 0 48 $7,072 d. Report 2 8 32 0 42 $6,420 Subtotal - Wet Weather Evaluation $24,612 4,61 5. Master Plan Update a. Update Master Plan 2 8 38 40 88 S10,694 b. Meeting 0 8 8 0 16 $2,624 C. Staff Training 0 0 24 0 24 $3,336 u total - Wct PVeatlier L valuation Expenses a. Printing b. I ravel $1,000 �o,UVU Project Total 8 56 322 115 477 $67,072 $75,044 5147,316 Attachment E, 9:46 AM, 3/17/2006 Engineering Study Wet Weather Schedule SCHEDULE: The Wet Weather Study will be conducted in a single phase. It is anticipated that the project will require approximately seven months to complete. The attached schedule illustrates a start date of early April and an approximate completion date at the end of October. Actual start date will be 14 days from Notice to Proceed by the Owasso Public Works Authority. OWASSO WET WEATHER ATTACHMENT F F -1 TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: SHERRY BISHOP FINANCE DIRECTOR Ci RESOLUTION t 2006-03 REIMBURSEMENT DATE: March 16, 2006 C •, r 1, The Wastewater Master Plan of 2005 recommended various improvements to Owasso's wastewater system and funding for those projects is expected to be provided by the Oklahoma Water Resources Board (OWRB). The OWRB provides low interest long -term financing for water and wastewater projects. For the past fourteen years, all of Owasso's debt for water and wastewater projects has been with the OWRB. A loan application has not yet been prepared and would require approval by the OPWA Trustees. At the March 21St meeting, staff will be requesting OPWA Trustee approval of an engineering services agreement as the first step in preparing for other wastewater system improvements. In order to proceed and to utilize the future loan proceeds from the OWRB for this contract, the OPWA must approve a "reimbursement resolution." Funding from the OWRB is tax - exempt financing and therefore subject to IRS regulations concerning tax - exempt debt. The tax code restricts the use of the proceeds of tax - exempt debt when paying for aast expenditures. In order for the OPWA to be reimbursed for engineering (or any other costs) expended for the project before the loan closing, then the OPWA must declare its official intent to do so. That declaration must specify the project and estimated amounts of financing. The attached Resolution Igo. 2006 -03 was prepared by our Bond Counsel, meets the requirements of the tax code and declares official intent of the OPWA to expend its own funds for wastewater system improvements and its intent to be reimbursed with the proceeds of tax - exempt debt issued by the OPWA. Staff recommends OPWA Trustee approval of Resolution No. 2006 -03, a resolution declaring the intent of the OPWA to expend certain funds in connection with wastewater system improvements, with said expenditures to be reimbursed from the proceeds of debt to be incurred by the OPWA. OPWA Resolution No. 2006 -03 RESOLUTION NO. 2006-03 A RESOLUTION DECLARING THE INTENT OF THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY ") TO EXPEND CERTAIN FUNDS IN CONNECTION WITH WASTEWATER SYSTEM IMPROVEMENTS, WITH SAID EXPENDITURES TO BE REIMBURSED FROM THE PROCEEDS OF DEBT TO BE INCURRED BY THE AUTHORITY; AND CONTAINING OTHER PROVISIONS RELATING THERETO. WHEREAS, the Authority is considering the design and construction of certain wastewater improvements as more specifically set out below (collectively, the "Project "); and WHEREAS, it is the Authority's intent to eventually fund the cost of the Project through the issuance of debt obligations; and WHEREAS, the Authority desires to initially fund certain costs pertaining to the Project out of the Authority's cash reserves; and WHEREAS, the Authority further desires to declare its official intent to reimburse itself with the proceeds of debt incurred by the Authority, as required by Section 1.103 -18 of the Treasury Regulations promulgated pursuant to Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended. NOW, THEREFORE, • ) BY THE BOARD OF '' OF THE OWASSO PU13LIC WORKS AUTHORITY: Section 1. Project Descri t� ion. The Project to be designed and constructed by the Authority shall generally include improvements necessary to upgrade the wastewater collection and treatment system, including engineering studies to determine the need for wastewater collection line repair and replacement, engineering and design of capacity increase for the wastewater treatment plant, improvements to the N 117 East Avenue lift station, and other related engineering design and construction. Section 2. Cost of Project. The Authority intends to initially fund certain costs of the Project from the Authority's funds. The Authority reasonably expects to reimburse any amounts expended with the proceeds of debt to be incurred by the Authority. The Authority anticipates issuing debt for the Project in one or more series in an aggregate amount not to exceed approximately $7,500,000. Section 3. Declaration of Official Intent. This Resolution constitutes a declaration of official intent as is required pursuant to Section 1.103 -18 of the Treasury Regulations promulgated pursuant to Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended. APPROVED THIS 21 ST DAY OF MARCH, 2006. (SEAL) ATTEST: Sherry Bishop, Secretary APPROVED AS TO FORM: Julie Lombardi, Authority Attorney THE OWASSO PUBLIC WORKS AUTHORITY Craig Thoendel, Chairman N