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HomeMy WebLinkAbout2018.09.04_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 +FC, Regular Meeting 4&,g �& Tuesday, September 4, 2018 - 6:30 pm ®i�� �, 1. Call to Order Chair Chris Kelleyf� 2. Roll Call 3. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matt ers 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. Approve minutes of the August 21, 2018, Regular Meeting B. Approve claims 4. Consideration and appropriate action relating to items removed from the Consent Agenda 5. Consideration and appropriate action relating to the purchase of a service vehicle for use in the Water Division and declaration of a surplus vehicle Travis Blundell Staff recommends approval to purchase a 2018 Dodge Ram 4500 Crew Cab 44 service truck in the amount of $51,821.00 from Bob Howard Chrysler Jeep Dodge of Oklahoma City, Oklahoma, per the State of Oklahoma Vehicle Bid Contract #SW60035; and to declare the 2002 Chevy One Ton service truck (VIN #IGBJK341X2E265277) as surplus to the needs of the OPWA and made available for disposal via on -line auction. 6. Consideration and appropriate action relating to engineering and design of the Coffee Creek Lift Station and Force Main Improvement Project Roger Stevens Staff recommends approval of an Agreement for Engineering Services with Kellogg Engineering, of Talala, Oklahoma for the purpose of designing the Coffee Creek Lift Station and Force Main Improvements in the amount of $260,625.00 and authorization for the Chair to execute the agreement. 7. Report from OPWA Manager 8. Report from OPWA Attorney 9. Official Notices to Authority (documents for acknowledgment or information only, no discussion or action will be taken) Payroll Payment Reports - Pay Period Ending Date 8/18/18 10. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) OPWA September 4, 2018 Page 2 11. Adjoumment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hall, 200 S Main St, at 6:00 pm on Friday, August 31, 2018. ')'In M. Stevens, Citl lerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376-1502 or by email to istevens@citvofowasso.com OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, August 21, 2018 The Owasso Public Works Authority met in regular session on Tuesday, August 21, 2018, in the Council Chambers at Old Central, 109 N Birch, Owasso, Oklahoma, per the Notice of Public Meeting and Agenda filed in the office of the City Clerk posted at City Hall, 200 S Main St, at 6:00 pm on Friday, August 17, 2018. 1. Call to Order Chair Chris Kelley called the meeting to order at 7:25pm. 2. Roll Call Present Absent Chair- Dr. Chris Kelley None Vice -Chair - Bill Bush Trustee - Doug Bonebrake Trustee - Lyndell Dunn Trustee - Kelly Lewis A quorum was declared present. Staff: Authority Manager - Warren Lehr Authority Attorney - Julie Lombardi 3. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • August 7, 2018, Regular Meeting • August 14, 2018, Regular Meeting B. Approve claims Mr. Dunn moved, seconded by Mr. Bush to approve the Consent Agenda with claims totaling $532,230.57. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 4. Consideration and appropriate action relating to items removed from the Consent Agenda None 5. Consideration and appropriate action relating to ratification of an expenditure exceeding the OPWA Manager's spending authority to repair equipment located at the Wastewater Treatment Plant and authorization for payment Roger Stevens presented the item recommending ratification of an expenditure in the amount of $28,585 to repair an aeration ditch blower for the Wastewater Treatment Plant and authorization for payment to Gardner Denver Nash, LLC, of St. Louis, Missouri. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to ratify the expenditure and authorize payment, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 OPWA August 21, 2018 Page 2 6. Report from OPWA Manager None 7. Report from OPWA Attorney None 8. Official Notices to Authority (documents for acknowledgment or information only, no discussion or action will be taken) The Chair acknowledged receipt of the following: • Payroll Payment Reports — Pay Period Ending Date 8/4/18 • Monthly Budget Status Report - July 2018 9. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 10. Adjournment Mr. Bonebrake moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:30 pm. Dr. Chris Kelley, Chair Juliann M. Stevens, Authority Clerk Claims List - 9/4/2018 Fund Vendor Name Payable Description Payment Amount 61 OPWA AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES $160.96 OPWA -Total $160.96 AT &T LONG DISTANCE CONSOLIDATED PHONE $146.28 CITY OF OWASSO ADMIN OVERHEAD $25,000.00 CLEAN UNIFORM COMPANY UNIFORM SERVICE $80.82 JPMORGAN CHASE BANK GREENHILL- GRAVEL $3,990.60 JPMORGAN CHASE BANK LOWES - SUPPLIES $58.97 JPMORGAN CHASE BANK VORNADO AIR - SUPPLIES $57.98 STANDLEY SYSTEMS, LLC COPIER MAINTENANCE $464.01 TWIN CITIES READY MIX, INC CONCRETE $212.00 TWIN CITIES READY MIX, INC CONCRETE - PW PARKING LO $120.00 TWIN CITIES READY MIX, INC CONCRETE FOR PW PARKING $1,314.00 REFUSE COLLECTIONS -Total L $401.35 OPWA ADMINISTRATION -Total $31,444.66 BANCFIRST 800329021/10 $7,188.37 BANCFIRST 800469017/09B $55,960.40 BANCFIRST 800470015/090 $23,361.35 BANCFIRST 800471013/SANTA FE $14,375.72 BANCFIRST 800472011 /RANCH CRK $25,377.32 OPWA DEBT SERVICE -Total $126,263.16 AT &T LONG DISTANCE CONSOLIDATED PHONE $12.00 CINTAS CORPORATION FIRST AID SUPPLIES $55.61 CLEAN UNIFORM COMPANY UNIFORM SERVICE $4.61 RECYCLE CENTER -Total $72.22 AT &T LONG DISTANCE CONSOLIDATED PHONE $12.00 CINTAS CORPORATION FIRST AID SUPPLIES $133.97 CLEAN UNIFORM COMPANY UNIFORM SERVICE $64.99 CRANE CARRIER COMPANY VALVE $105.16 JPMORGAN CHASE BANK BUMP2BUMP -FUSE $3.97 SPOK, INC. PAGER USE $81.26 REFUSE COLLECTIONS -Total $401.35 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES $1,570.51 TODD C. KIMBALL METER READER $333.75 TYRONE EUGENE DINKINS METER READER $1,336.80 UTILITY BILLING -Total $3,241.06 JAMES A. OZBUN MOTOR $3,211.00 JPMORGAN CHASE BANK GRAINGER- EQUIPMENT $249.00 JPMORGAN CHASE BANK LOWES - FITTING $6.13 OMEGA RAIL MANAGEMENT, INC. PIPELINE AGREEMENT $316.90 OWASSO FENCE CO REPLACEMENT FENCE $3,376.00 SPOK, INC. PAGER USE $48.95 1 Claims List - 9/4/2018 Fund Vendor Name Payable Description Payment Amount 61 OPWA WARREN POWER & MACHINERY, L.P DOZER RENTAL $2,028.50 WASHINGTON CO RURAL WATER DISTRICT WATER $19.80 WASTEWATER COLLECTIONS -Total $9,256.28 AT &T LONG DISTANCE CONSOLIDATED PHONE $71.97 CLEAN UNIFORM COMPANY UNIFORM SERVICE $118.22 JAMES A. OZBUN MOTOR $3,100.00 JPMORGAN CHASE BANK ADVANCE AUTO -TOOL $8.79 JPMORGAN CHASE BANK AMER LANDMASTER -TAILG $61.80 JPMORGAN CHASE BANK BA ELECTRIC - BREAKER $1,117.42 JPMORGAN CHASE BANK CORNERSTONE - CLEANER $9.99 JPMORGAN CHASE BANK FORT BEND - SUPPLIES $2,788.00 JPMORGAN CHASE BANK GELLCO -BOOTS $143.99 JPMORGAN CHASE BANK GRAINGER- ORGANIZER $61.20 JPMORGAN CHASE BANK HACH- BATTERY $281.27 JPMORGAN CHASE BANK HACH- REAGENT $23.54 JPMORGAN CHASE BANK LOCKE -PARTS $80.13 JPMORGAN CHASE BANK LOWES- SOCKET SET $214.18 JPMORGAN CHASE BANK LOWES - SUPPLIES $70.20 JPMORGAN CHASE BANK NCL OF WISC -EQUIP $58.82 SCHUERMANN ENTERPRISES, INC TROUBLESHOOT PUMP $1,643.76 SCHUERMANN ENTERPRISES, INC TROUBLESHOOT UV SYS $442.61 SPOK, INC. PAGER USE $17.78 WASTEWATER TREATMENT -Total $10,313.67 CITY OF TULSA DEPT OF FINANCE LAB SERVICES $500.00 CLEAN UNIFORM COMPANY UNIFORM SERVICE $77.02 JET TRUCKING, LLC DIRT $135.00 JPMORGAN CHASE BANK ACCURATE ENV - TESTING $280.00 JPMORGAN CHASE BANK ATWOODS- EXTINGISHERS $33.97 JPMORGAN CHASE BANK BROWN FARMS -SOD $275.00 JPMORGAN CHASE BANK GRAINGER- EQUIPMENT $249.00 JPMORGAN CHASE BANK LOWES- KNEEPADS $92.88 JPMORGAN CHASE BANK LOWES -RAKES $54.36 JPMORGAN CHASE BANK LOWES -TOOLS $179.00 JPMORGAN CHASE BANK OREILLY- SUPPLIES $23.58 JPMORGAN CHASE BANK SAV ON -DOOR HANGERS $570.00 JPMORGAN CHASE BANK UTILITY SUPPLYSUPPLI $3,060.38 JPMORGAN CHASE BANK WASSCO - SUPPLIES $577.00 SPOK, INC. PAGER USE $89.40 TWIN CITIES READY MIX, INC CONCRETE $336.00 TWIN CITIES READY MIX, INC REPAIR AFTER WTR REP $432.00 WARREN POWER & MACHINERY, L.P DOZER RENTAL $2,028.50 Pi Claims List - 9/4/2018 Fund Vendor Name Payable Description Payment Amount 61 OPWA WATER -Total $8,993.09 OPWA -Total $190,146.45 67 OPWA SALES TAX BANCFIRST 80049201912008 NOTE $99,039.90 BANCFIRST 800650012/2016 NOTE $131,368.75 BANCFIRST 800730038/2018 NOTE $23,722.59 OPWA STF DEBT SERVICE -Total $254,131.24 OPWA SALES TAX -Total $254,131.24 69 OPWA SALES TAX SUB OWASSO INVESTMENT PARTNERS LLC DEVELOPMENT AGREEMENT $15,618.37 ACCOUN OPWA SALES TAX SUB ACCOUN -Total $15,618.37 MORROW PLACE INVESTMENT GROUP LLC DEVELOPMENT AGREEMENT $4,045.50 OPWA ST SUB - DEBT SERV -Total $4,045.50 OPWA SALES TAX SUB ACCOUN -Total $19,663.87 OPWA Grand Total $463,941.56 s� REPL Paopla • REAL Character • REpL Commonly TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Travis Blundell Utility Superintendent SUBJECT: Purchase of a Service Truck Water Division DATE: August 31, 2018 BACKGROUND: Public Works Department staff annually assesses the motor fleet in order to determine the safety and reliability of the vehicles assigned to each division. These evaluations are used as the basis for vehicle replacement and Public Works budgeting. Based upon the assessment of the motor fleet, staff is proposing the replacement of the 2002 Chevy one ton service truck in the Water Division with the purchase of a new service truck. In addition, staff is proposing that the 2002 Chevy one ton service truck be declared surplus and placed on eBay for auction. VEHICLE DESCRIPTION: Staff proposes the purchase of a 2018 Dodge Ram 4500 Crew Cab 44 pickup truck through the Oklahoma state bid. This vehicle will be equipped with a service body for organized and secure storage of tools, repair materials and equipment. FUNDING: The FY 2018 -2019 Water Divisions budget includes $60,000 for the purchase of a new vehicle. RECOMMENDATION: _ Staff recommends approval to purchase a 2018 Dodge Ram 4500 Crew Cab 44 service truck in the amount of $51,821.00 from Bob Howard Chrysler Jeep Dodge of Oklahoma City, Oklahoma, per state bid award Contract # SW60035; and to declare the 2002 Chevy One Ton service truck (VIN #1GBJK341X2E265277) as surplus to the needs of the OPWA and disposed of via on -line auction. ATTACHMENT: A. Bob Howard Chrysler Jeep Dodge Bid Quote July 27, 2018 @0 Vaughan BOB HOWARD Ron Vau g CHRYSLER JEEP DODGE City of Owasso Public Works 301 West 2nd Avenue Owasso, OK 74055 RE: 2018 RAM 4500 CREW CAB CAB /CHASSIS 4X4 173.5" WB / 60" CA Dear Mr. Vaughan; Please find attached the specifications for the requested truck along with the specifications for the requested dump bed. Pricing as follows is per the State of Oklahoma Vehicle Contract SW60035: Item # 1000009409 2018 RAM 4500 CREW CAB CAB /CHASSIS 16,000# Crew Cab Truck Cab & Chassis BASE $32,998,00 OPTIONS ADD: 6.71 Cummins Turbo Diesel Engine - 7,995.00 DP9194 Four Wheel Drive with Skid Plates 3,560.00 BAJ 220 Amp Alternator 185.00 GKJ Two Additional Base Keys 125,00 TBB Full Size Spare Tire & Wheel included XEF Transfer Case Skid Plates Included XHC Electric Brake Control 280.00 TotaiforTruck $45,143.00 CST110CCD 52.5 UTILITY BODY $ 6,678.00 Total for Truck & Body $51,821.00 Color: PW7 Bright White Interior: TXX8 Black /Diesel Gray 40/20/40 Vinyl Split Bench Seat with Vinyl Rear Fold Up Bench Tom Ayers ftA�. Governmental /Fleet Sale M ager 13260 North Broadway Extension, Oklahoma City, OK 73114 phone: 405.936.8900 • P.O, Box 14508 • Oklahoma City, OK 73113 • ww.v bobhowardauto.cum sd FLA Prc -yr RU[ C .. atla RUl Commvn;. TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Coffee Creek Lift Station and Force Main Improvements Engineering Agreement DATE: August 31, 2018 BACKGROUND: The Coffee Creek lift station and force main were constructed in 2002. Per the October 2016 Wastewater Master Plan, the lift station pumps, wet well and generator, as well as the 8" force main are in need of replacement and upgrade by 2020. The lift station is currently operating at approximately 90% of its rated capacity and provides service to Lake Valley Chelsea Park and Coffee Creek subdivision, as well as several commercial developments along the east side of Highway 169. Additional development in this area is anticipated to occur over the next 5 to 15 years, at which time, the projected sanitary sewer flow will exceed the capacity of the lift station and force main. In November 2017, Public Works staff began discussions with Kellogg Engineering concerning needed improvements to the Coffee Creek lift station and force main in order to accommodate the current and future sanitary sewer flows within the basin. As a result of those discussions, an assessment area totaling 338 acres was established and then approved by OPWA Trustees in January 2018. In addition, staff and Kellogg Engineering agreed it would be cost effective to construct the new lift station on property located on the east side of North 1451h East Avenue due to inadequate space and wet lands adjacent to the existing site located on the west side of North 145th East Avenue. The purchase of 4.66 acres was approved by OPWA Trustees in May 2018. ENGINEERNG AGREEMENT /SCOPE OF WORK: City staff met with Kellogg Engineering to develop a proposed scope of work and the level of plans that would be needed for the design of this project. The following components are proposed in the agreement: — Preparation of preliminary and final design for the Coffee Creek Lift Station and Force Main Project (including design survey, mapping and geotechnical investigation). — Preparation of contract documents including drawings, specifications and permit applications for the project. — Bid related assistance. — Prepare final as -built record drawings to City standards and submit in AutoCAD and mylar form. Following the discussion concerning the scope hour projects and submitted a fee proposal estimated construction cost of $3.5 million. FUNDING: of work, Kellogg Engineering developed staff - in the amount of $260,625.00 or 7.5% of the Funding for this service is included in the FY 2018 -2019 Wastewater Collection budget. RECOMMENDATION: Staff recommends approval of an Agreement for Engineering Services with Kellogg Engineering, (Talala, Oklahoma) for the purpose of designing the Coffee Creek Lift Station and Force Main Improvements in the amount of $260,625.00 and authorization of the Chair to execute the agreement. ATTACHMENTS: Site Map Agreement for Engineering Services Assessment Area Coffee Creek Lift Station - Proposed Site 1" =188 ft Land Acquisition T 03/01/2018 This map may represents a visual display of related geographic information. Data provided here on is not guarantee of acutual field conditions. To he sure of complete accuracy, please contact the responsible staff for most up- to-date information. AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY OF OWASSO, OK COFFEE CREEK LIFT STATION AND FORCE MAIN DESIGN THIS AGREEMENT, made and entered into this 41h day of September, 2018 between the OWASSO PUBLIC WORKS AUTHORITY OF OWASSO, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as AUTHORITY, and KELLOGG ENGINEERING, INC. hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, AUTHORITY intends to replace and upgrade the Coffee Creek Lift station and Force main which will replace the existing lift station due to age and condition, as well as provide for additional sanitary sewer capacity within the basin, hereinafter referred to as the PROJECT; and, WHEREAS, AUTHORITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES, WHEREAS, funding is available for the PROJECT through the Owasso Public Works Authority operating budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. AUTHORITY'S RESPONSIBILITIES. AUTHORITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE AUTHORITY which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. AUTHORITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE/ HOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -3148 G.t 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 AUTHORITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the AUTHORITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost/ execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for AUTHORITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -31 -18 G.2 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 be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify AUTHORITY from and against legal liability for damages arising out of the performance of the SERVICES for AUTHORITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the AUTHORITY or any other contractor or consultant of the AUTHORITY. 9.2. ENGINEER shall not be liable to AUTHORITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. AUTHORITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of AUTHORITY and ENGINEER for contractor's negligence. 102 AUTHORITY shall require construction contractor(s) to name AUTHORITY 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 AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -31 -18 C -3 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. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval by AUTHORITY. 12.2. ENGINEER shall furnish AUTHORITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the AUTHORITY. 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 AUTHORITY. 13.2. AUTHORITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at AUTHORITY'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. AUTHORITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for AUTHORITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to AUTHORITY. In the event of termination or suspension for AUTHORITY'S convenience, AUTHORITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 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: Mr. Brian Kellogg KELLOGG ENGINEERING, INC. 6755 S. 4060 Rd. Talala, OK 74080 AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -31 -18 CA To CITY: Mr. Roger Stevens, Public Works Director City of Owasso 301 W 2nd Avenue Owasso, Oklahoma 74055 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and AUTHORITY. 16. UNCONTROLLABLE FORCES. Neither AUTHORITY 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 AUTHORITY 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, and 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. AUTHORITY 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 AUTHORITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the AUTHORITY'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 AUTHORITY 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 Public Works Department of the AUTHORITY of Owasso, and any plans or specifications not AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -31 -18 C -5 meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the AUTHORITY staff initially and as needed thereafter to manage the project and will be available for one public meeting or AUTHORITY of Owasso presentation. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Brian Kellogg as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of AUTHORITY. 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 Chairman of the Owasso Public Works Authority. APPROVED: Juliann M. Stevens, Authority Clerk APPROVED AS TO FORM: Julie Lombardi, Authority Attorney ENGINEER 13 Date /_/ OWASSO PUBLIC WORKS AUTHORITY Dr. Chris Kelley, Chair Date _// AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -31 -18 C -6 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY COFFEE CREEK LIFT STATION AND FORCE MAIN DESIGN Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of civil engineering SERVICES described as follows: Design of the Coffee Creek Lift Station and Force Main will replace existing equipment due to age and condition, as well as increase sanitary sewer capacity within the basin. The lift station and appurtenances will be decommissioned as part of the project and the area disturbed will be restored. AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -31 -18 G.7 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY COFFEE CREEK LIFT STATION AND FORCE MAIN DESIGN Scope of Services Attachment B The services to be performed by the ENGINEER under this AGREEMENT will consist of designing the Coffee Creek Lift Station and Force Main Project., execution of the work will be broken up into seven 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 the AGREEMENT and receipt of Notice to Proceed. The Basic Services of ENGINEER consist of the following tasks: Scope of Services Kellogg Engineering, Inc. proposes to furnish the AUTHORITY the following professional engineering services for the design of the Coffee Creek Lift Station and Force Main Project: 1. Engineering Report 1.1 Working in concert with the Owasso Public Works Department, establish ultimate extents of the lift station service area; 1.2 Using the Land Use Master Plan, project flows for each site property in the established service area; 1.3 Utilize same flow criteria (gpm per household and commercial area) used in determining the flows for Coffee Creek Lift Station and Force Main; 1.4 Utilize flow data acquired by the City of Owasso design criteria. 100 gpcpd to be used unless otherwise determined to be higher or lower. Use 2.5 peaking factor unless determined to be higher or lower; 1.5 Determine the capacity of the pumps based on the City of Owasso design criteria. Utilize three (3) pump arrangement, if necessary. Limit lift station run time to 12 -15 hours a day during peak conditions, if allowable; 1.6 Evaluate odor control for the lift station; 1.7 Recommend reserve power options for the site; 1.8 Document necessary tower height to serve lift station with existing SCADA 1.9 Determine ROW/ easements needed to obtain and access the site; 1.10 Determine capacity of the existing 8" force main and propose line size to parallel and work in conjunction with the existing 8" line or with a new line to replace the 12 ". Max velocity of 8 fps to be used on any force main, AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -31 -18 G8 1.11 Determine depth and diameter of the wet -well needed to serve ultimate service area; 1.12 Recommend hoist for the new lift station. 2. Survey/ROW Documents 2.1 Ground Survey - Arrange for, as needed, a survey of the sites, as need to determine best location for the lift station and force main. The survey shall consist of: • Establish a temporary benchmark near the lift station site from an established existing monument, • Verify elevations of structures as needed; • Perform property survey of final selected sites; 2.2 ROW documents - Provide legal descriptions and exhibits for all easements to be acquired by the City. 3. Detailed Design 3.1 Regular Meetings - Attend a progress meeting each month with the wastewater/ engineering staff to review technical aspects of the project; 3.2 Plan Review Meetings - Attend 30% (Report review), 60% (Preliminary plans), and 90% (Final plans) review meetings; 3.3 Project Management - Project management activities include reviewing invoices as provided by the AUTHORITY and providing project status reports for the AUTHORITY'S review; 3.4 Drawings - Prepare construction drawings for the lift station and force main project. 4. Detailed Specifications 4.1 Detailed Specifications - Prepare construction specifications with the construction drawings, for taking competitive bids and entering into a construction contract with an experienced and competent contractor for the project. Specifications will include bid information and contract terms as required by the AUTHORITY. AUTHORITY standards for lift station construction and control/ operations shall be included. 5. Geotechnical Report 5.1 Geotechnical Report - Prepare a geotechnical report, which shall include soil borings to a minimum depth of 5 feet below the required depth of the wet well. The report shall address type/ depth of rock layers, depth to subsurface water, ability to excavate the rock without using explosives, etc. for the selected lift station site using information from the subsurface evaluation portion of the work. AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -31 -18 O.9 6. Cost Opinion Development 6.1 Cost Opinion - Prepare final Engineer's Opinion of Construction Cost, including 15% contingencies. 7. Bid Assistance 7.1 Contract Documents - The lift station and force main project will be bid as a single project. Assist AUTHORITY in advertising for bid. Mail notices to prospective bidders and distribute documents to prospective bidders; 7.2 Pre -Bid Conference - Attend pre -bid meeting for the project. AUTHORITY to furnish bid sets (drawings and detailed specifications - matter copy to be provided by engineer); 7.3 Bidders Inquiries and Addenda - Respond to bidders inquires during the bidding period. Prepare addenda to the contract documents as necessary; 7.4 Pre -Award - Tabulate bids and prepare recommendation letter. 8. Construction Assistance 8.1 Attend pre -work conference; 8.2 Review and approve all submittals; 8.3 Review and approve all pay applications; 8.4 Answer questions throughout the project regarding design intent; 8.5 Prepare Record Drawings of the project. 9. Assumptions and limitations of the engineering services 9.1 Proposed Coffee Creek Lift Station shall be designed similar to the Morrow Lift Station; foot print, layout, wet -well, control building, piping, and overall concept. 9.2 The proposed Coffee Creek Lift Station will be located southeast of the existing lift station, on the east side of 145Th south of the creek; 9.3 The proposed force main along 145Th will be wholly contained within existing right -of -way easements. Additional right -of -way easements along 145Th shall be limited to six (6) additional parcels; 9.4 Topographic survey for the proposed force main shall be limited to the proposed alignment, which is assumed to be the west side of 145Th parallel and adjacent to the existing force main line and shall be limited to a strip 70 feet west of the centerline of 145Th, unless existing structures impedes the survey alignment; 9.5 Engineer shall provide survey control along the proposed force main alignment and shall stake the property boundary of the proposed lift station site and shall provide coordinates of staked control points, all of which shall be limited to one staking/ set of stakes; AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -31 -18 C -10 9.6 No formal mitigation procedures are required for environmental issues; 9.7 Engineer is not responsible for construction staking; however control stakes and benchmarks with coordinates shall be provide and shall be limited to one staking /set of stake ; 9.8 Engineer shall prepare and provide "As- Built" drawing upon completion of the Project, but is not responsible for "As- Built" survey; 9.9 Engineer is exempt from paying City of Owasso review fees; 9.10 Engineer shall prepare USACE 404 under the "USACE Nationwide Permitting Process" as needed; 9.11 Engineer is not responsible for USACE 404 permit under the "USACE Individual Permitting Process" nor any related mitigation; 9.12 Advertising fees not responsibility of the Engineer; 9.13 Engineer is not responsible for ODEQ, OWRB, or USACE fees; 9.14 Engineer is not responsible for mitigation credits or any related fees; 9.15 Engineer is not responsible for right -of -way acquisition or any related fees; 9.16 Engineer is not responsible for construction inspection; however the Engineer shall make routine site visits upon request of the Authority; 9.17 Engineer is not responsible for project management or construction management; 9.18 Engineer is not responsible for any Environmental Review, study, or report, 9.19 Engineer is not responsible for preparation of a CLOMR /LOMR for the proposed Project; 9.20 Reproduction shall be limited as follows: 9.20.1 50% Complete Review -1 full size set, 5 half size sets, and half size PDFs; 9.20.2 95 % Complete Review -1 full size set, 5 half size sets, and half size PDFs; 9.20.3 100% Complete -1 full size set, 5 half size sets, half size PDFs, and full size PDFs; 9.20.4 "As- Builts" - 1 full size set of PDFs, 1 full size set of Mylars, and 1 set of construction plans in CAD format including "ctb" files; 9.21 Project shall be funded by the City of Owasso and that standard Owasso contract documents and specifications shall apply; 9.22 Engineer is not for any type of funding applications, engineering reports, and/or engineering documentation as required by outside funding by state agencies; AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -31 -16 C -11 9.23 Engineer is not responsible for a "FACT" based Engineering Report as required by OWRB. Engineer shall prepare an ODEQ approvable engineering report assuming no outside funding by state agencies 9.24 Engineering report shall be limited to the Proposed Lift Station and Proposed Force Main and shall not include any analysis or study of the Elm Creek Interceptor; 9.25 Engineering report shall be limited to and /or shall stop at the connection of the proposed Force Main to the Elm Creek Interceptor; AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -31 -18 C -12 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLICS WORKS AUTHORITY COFFEE CREEK LIFT STATION AND FORCE MAIN DESIGN Responsibilities of the AUTHORITY Attachment C RESPONSIBILITIES OF THE AUTHORITY. The AUTHORITY agrees: C.1 Reports, Records, etc: To furnish, as required by the work, and not at the expense of the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the AUTHORITY that may be useful in the work involved under this AGREEMENT C.1.2 Standard construction drawings and standard specifications C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by AUTHORITY. C2 Access: Provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance: Designate the Public Works Director or another individual designated in writing to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define AUTHORITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing AUTHORITY owned utilities and in expediting their relocation as described in Attachment B. Further, AUTHORITY will furnish assistance as required in obtaining locations of other utilities, including excavations to determine depth. C.3.2 Furnish legal assistance as required in the preparation of bidding, property acquisition, construction and other supporting documents. CA Review: Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -31 -18 C -13 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY COFFEE CREEK LIFT STATION AND FORCE MAIN DESIGN Compensation Attachment D COMPENSATION. The AUTHORITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the AUTHORITY may require in substantiation of the amount billed. D.1 Total Compensation For the work under this project the total maximum billing including direct costs and subconsultant services shall be $260,625.00 which amount shall not be exceeded without further written authorization by AUTHORITY. D.2 Subconsultants and Other Professional Associates: All Subconsultant and Other Professional Associate costs are included in the Total Compensation. Services of subcontractors and other professional consultants shall be compensated for at actual cost. Sub - consultants to be used must be authorized in advance by AUTHORITY. D.3 Other Direct Costs: All Direct Costs are included in the Total Compensation. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses are included in the maximum fee. D.3.3 Any other direct costs shall be compensated for at actual cost when authorized in advance by AUTHORITY. DA Additional Services: Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services: If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. D.6 Conditions of Payment D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. AGREEMENT WITH KELLOGG ENGINEERING REVISED 07 -31 -18 C -14 D.6.2 If AUTHORITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to AUTHORITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to AUTHORITY, request renegotiation of compensation. AGREEMENT WITH KELLOGG ENGINEERING REVISED DT31 -18 C-15 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY COFFEE CREEK LIFT STATION AND FORCE MAIN DESIGN Billing Rate Sheet Attachment E KELLOGG ENGINEERING, INC. Current Hourly Fee Schedule Effective January 1, 2018 Principal Engineer ....... ............................... $110 /hour Structural Engineer ....... ............................... $100 /hour Project Manager ........ ............................... $100 /hour Engineering /Drafting GIS Technician ....................... $85 /hour Clerical ............... ............................... $35 /hour Direct Expenses ........ ............................... Cost+ 15% Travel................ ............................... $0.55 /mile Geotechnical Engineer .... ............................... $95 /hour Survey Crew ......... ............................... $150 /hour Registered Surveyor ..... ............................... $100 /hour AGREEMENT WITH KELLOGG ENGINEERING REVISED 07-31 -18 C16 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY COFFEE CREEK LIFT STATION AND FORCE MAIN DESIGN Schedule Attachment F F. SCHEDULE. The schedule for general engineering services for the PROJECT is provided as follows: F.I. Notice to Proceed: September, 2018 F.2. Final Design Completion: September, 2019 AGREEMENT WITH KELLOGG ENGINEERING REVISED 07.31AS x.17 Coffee Creek Lift Station Improvements OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 08118/18 Department Payroll Expenses Total Expenses 400 OPWA Administration 11,125.43 16,600.73 405 Utility Billing 6,052.00 11,390.73 420 Water 14,252.22 24,640.98 450 Wastewater 14,103.27 24,379.18 455 Wastewater Collection 10,990.13 18,542.85 480 Refuse 13,644.42 22,385.77 485 Recycle Center 1,200.00 1,843.59 FUND TOTAL 71,367.47 119,783.83