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HomeMy WebLinkAbout2019.09.17_OPWA AgendaRECEIVED PUBLIC NOTICE OF THE MEETING OF THE SEP 13 2019 OWASSO PUBLIC WORKS AUTHORITY (OPWA) City Clerk's Office Council Chambers, Old Central Building 109 North Birch, Owasso, OK 74055 Regular Meeting Tuesday, September 17, 2019 - 6:30 pm 1. Call to Order Chair Chris Kelley 2. Roll Call 3. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • September 3, 2019, Regular Meeting • September 10, 2019, 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 a budget amendment in the OPWA Fund following the issuance of the Series 2019 Promissory Note to the Oklahoma Water Resources Board Jennifer Newman Staff recommends approval of a budget amendment increasing the estimate of revenues by $4,589,623.80, and the appropriation for expenditures by $4,752,572.80. 6. Consideration and appropriate action to award a bid for the Public Works Building Renovation Project Roger Stevens Staff recommends awarding the bid to Voy Construction of Tulsa, Oklahoma, in the amount of $135,408.00 and authorization for the Chair to execute the construction agreement. 7. Report from OPWA Manager B. 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 August 31, 2019 • Monthly Budget Status Report - August 2019 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 17, 2019 Page 2 11. Adjournment Notice of Public Meeting filed in the office of the City Clerk on December 14, 2018, and the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, September 13, 2019. ionn M. Stevens, City rk 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 (OPWA) MINUTES OF REGULAR MEETING Tuesday, September 3, 2019 The Owasso Public Works Authority (OPWA) met in regular session on Tuesday, September 3, 2019, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed December 14, 2018, and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, August 30, 2019. 1. Call to Order Chair Chris Kelley called the meeting to order at 7:02 pm. 2. Roll Call Present Absent Chair - 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 Authority 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 20, 2019, Regular Meeting B. Approve claims Mr. Dunn moved, seconded by Mr. Bush to approve the Consent Agenda with claims totaling $609,276.93. YEA: Bonebrake, Dunn, Bush, 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 the 2019 South Main Street Sanitary Sewer Improvement Project Earl Farris presented the item, recommending acceptance of the project and authorization for final payment to Sapulpa Digging Inc., of Sapulpa, Oklahoma, in the amount of $25,754.50. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Dunn to accept the project and authorize final payment, as recommended. YEA: Bonebrake, Dunn, Bush, Lewis, Kelley NAY: None Motion carried: 5 -0 Owasso Public Works Authority September 3, 2019 Page 2 6. Report from OPWA Manager None 7. Report from OPWA Attorney None 8. Official Notices to Council (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 August 17, 2019 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. Bush moved, seconded by Ms. Lewis to adjourn the meeting. YEA: Bonebrake, Dunn, Bush, Lewis, Kelley NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:06 pm. Chris Kelley, Chair Juliann M. Stevens, Authority Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING Tuesday, September 10, 2019 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, September 10, 2019, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed December 14, 2018, and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, September 6, 2019. 1. Call to Order /Roll Call Vice Mayor /Chair Bill Bush called the meeting to order at 6:00 pm. Present Vice Mayor /Vice Chair- Bill Bush Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Kelly Lewis A quorum was declared present. Absent Mayor /Chair - Chris Kelley Councilor /Trustee - Lyndell Dunn 2. Discussion relating to the installation of communication towers for Fire Station No. 2 and No. 3 Andrew Neyman presented the item and discussion was held. It was further explained that the item would be placed on the October 1, 2019, City Council Agenda for consideration and action. 3. Discussion relating to Economic Development items A. Annual Report - Economic Development Strategic Plan (EDSP) B. Proposed Resolution - Incentive Policy Application Fee Chelsea Levo -Feary presented both items and discussion was held. It was further explained that item B would be placed on the September 17, 2019, City Council Agenda for consideration and action. 4. Discussion relating to a proposed change order to the construction contract for the Redbud Festival Park Larry Langford presented the item and discussion was held. It was further explained that the item would be placed on the September 17, 2019, City Council Agenda for consideration and action. 5. Discussion relating to Community Development items A. Request for the rezoning of approximately 0.24 acres, located at 202 East 3rd Street - (OZ 19 -04) B. Request for a Planned Unit Development (Parker Village) and rezoning of approximately 57 acres, located northeast of the East 1061h Street North and North Garnett Road intersection - (OPUD 17 -01 A and OZ 19 -05) C. Request for a Specific Use Permit (Time to Shine Car Wash) for approximately 4 acres, located at 11515 East 96th Street North - (SUP 19 -01) D. Proposed contract - 2019 Community Development Block Grant (CDBG)funding for Hale Acres Sanitary Sewer Improvements E. Proposed amendment to the Real Property Lease, dated June 19, 2001, between the City and Owasso Land Trust, LLC Brian Dempster and Morgan Pemberton presented items A and B and discussion was held. Brian Dempster and Karl Fritschen presented Items C and D, and discussion was held. Brian Dempster and Julie Lombardi presented item E and discussion was held. It was further explained that each item would be placed on the September 17, 2019, City Council Agenda for consideration and action. Owasso City Council, OPWA & OPGA September 10, 2019 Page 2 6. Discussion relating to Public Works Department Items A. Proposed Supplemental Agreement with the Oklahoma Department of Transportation - East 761h Street North Roadway Improvement Project from US 169 to North 1291h East Avenue B. Review bids for the Public Works Department Building Renovation project - OPWA Roger Stevens presented both items and discussion was held. It was further explained that item A would be placed on the September 17, 2019, City Council Agenda, and item B would be placed on the September 17, 2019, Owasso Public Works Authority Agenda for consideration and action. 7. Discussion relating to a proposed Owasso Public Works Authority budget amendment - Series 2019 Promissory Note to the Oklahoma Water Resources Board Jennifer Newman presented the item, it was further explained that the item would be placed on the September 17, 2019, Owasso Public Works Authority Agenda for consideration and action. 8. Discussion relating to City Manager items A. Proposed changes to the Personnel Policy- Vacation and Sick Leave B. Monthly sales tax report C. City Manager report Warren Lehr introduced Chris Garrett and Michele Dempster to present item A and discussion was held. It was further explained that the item would be placed on the September 17, 2019, City Council Agenda for consideration and action. Mr. Lehr introduced Jennifer Newman to present the monthly sales tax report and discussion was held. Under item C, Mr. Lehr advised the City received the Assistance to Firefighters Grant to purchase rescue equipment and would place an item on the September 17, 2019, City Council consent agenda for acceptance, and the City's Annual Block Party will be held Saturday, September 141h. 9. City Councilor /Trustee comments and inquiries None 10. Adjournment The meeting adjourned at 8:09 pm. Bill Bush, Vice Mayor /Vice Chair Juliann M. Stevens, City /Authority Clerk Claims List - 9/1712019 Fund Vendor Name Payable Description Payment Amount 61 OPWA AT &T LONG DISTANCE PHONE $8.75 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - AUGUST, $24.48 CITY GARAGE LABORIOVERHEAD - SEPT. 20 $160.58 JPMORGAN CHASE BANK BEST BUY -IPAD CASES $119.94 JPMORGAN CHASE BANK GRAINGER - SUPPLIES $70.59 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $24.70 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $51.47 JPMORGAN CHASE BANK WALMART- SUPPLIES $19.28 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $88.50 UNIFIRST HOLDINGS LP UNIFORM SERVICE $52.46 OPWA ADMINISTRATION -Total LOWES- MATERIALS $620.75 BKL INCORPORATED DESIGN SERVICES $1,000.00 OPWA BUILDING RENOVATION -Total $16,407.14 $1,000.00 CITY GARAGE LABORIOVERHEAD - SEPT. 20 $856.51 JPMORGAN CHASE BANK QUALITY TIRE -TIRES $212.00 JPMORGAN CHASE BANK TERRACYCLE REG -PARTS $368.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE $35.56 RECYCLE CENTER -Total $16,407.14 $1,472,07 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - AUGUST, $2,133.44 CITY GARAGE LABOR/OVERHEAD - SEPT. 20 $5,215.42 CITY GARAGE VEH PARTS PURCH - AUGUST, $3,985.09 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES -AUG, 2 $2,064.60 JPMORGAN CHASE BANK AGILITY FUEL - FILTERS $195.40 JPMORGAN CHASE BANK AMERIFLEX -HOSES $128.00 JPMORGAN CHASE BANK BUMP2BUMP- GLOVES $26.03 JPMORGAN CHASE BANK BUMP2BUMP -PARTS $14.27 JPMORGAN CHASE BANK BUMP2BUMP- SUPPLIES $95.99 JPMORGAN CHASE BANK FASTENAL -PARTS $147.00 JPMORGAN CHASE BANK LOWES- MATERIALS $639.65 JPMORGAN CHASE BANK LOWES- SUPPLIES $62.74 JPMORGAN CHASE BANK LOWES -TOOLS $62.54 JPMORGAN CHASE BANK OK FILTER - FILTER $3.50 JPMORGAN CHASE BANK PLASTICSUPPLY -PARTS $475.04 JPMORGAN CHASE BANK REPUTATION SVCS -REPAI $990.56 JPMORGAN CHASE BANK STEVES WHLSE -TOOLS $36.67 UNIFIRST HOLDINGS LP UNIFORM SERVICE $131.20 REFUSE COLLECTIONS -Total $16,407.14 JPMORGAN CHASE BANK OMUSA- TRAINING $75.00 TECHNICAL PROGRAMMING SERVICES BILLING SERVICES $5,861.41 INC TYRONE EUGENE DINKINS METER READER $2,157.75 1 Claims List - 9/17/2019 Fund Vendor Name Payable Description Payment Amount 61 OPWA UTILITY BILLING -Total $8,094.16 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - AUGUST, $259.04 CITY GARAGE LABORIOVERHEAD - SEPT. 20 $1,853.08 CITY GARAGE VEH PARTS PURCH - AUGUST, $15.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - AUG, 2 $239.71 JPMORGAN CHASE BANK CORE &MAIN- RISERS $375.00 JPMORGAN CHASE BANK GRAINGER -PART $122.10 JPMORGAN CHASE BANK HOLDERS -KEYS $17.50 JPMORGAN CHASE BANK LOCKE- MATERIALS $3.65 JPMORGAN CHASE BANK LOWES- BROOMS $49.96 JPMORGAN CHASE BANK LOWES -PARTS $3.42 JPMORGAN CHASE BANK OREILLY -TAPE $6.78 JPMORGAN CHASE BANK OWASSO FENCE -FENCE $1,564.00 JPMORGAN CHASE BANK SEWER EQUIPMENT -PARTS $565.29 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $129.79 TREASURER PETTY CASH CDL RENEW - DENNIS $56.50 UNIFIRST HOLDINGS LP UNIFORM SERVICE $78.60 VERDIGRIS VALLEY ELECTRIC COOP COFFEE CREEK ELECTRIC $424.18 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECTRI $186.74 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WASTEWATER COLLECTIONS -Total $6,030.36 AT &T LONG DISTANCE PHONE $0.08 CITY GARAGE LABORIOVERHEAD - SEPT. 20 $1,154.00 CITY GARAGE VEH PARTS PURCH - AUGUST, $74.19 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - AUG, 2 $474.02 JPMORGAN CHASE BANK ACCURATE ENV - TESTING $850.00 JPMORGAN CHASE BANK AMAZON- FILTER $79.91 JPMORGAN CHASE BANK CORE &MAIN - HYDRANT $524.80 JPMORGAN CHASE BANK DEQ- PERMIT RENEW $347.71 JPMORGAN CHASE BANK FORT BEND - POLYMER $2,970.00 JPMORGAN CHASE BANK GRAINGER -FUSES $22.98 JPMORGAN CHASE BANK GRAINGER -GLUE $5.65 JPMORGAN CHASE BANK GRAINGER -PUMP $106.79 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $64.89 JPMORGAN CHASE BANK GREEN CNTRY- TESTING $85.00 JPMORGAN CHASE BANK HACH- SUPPLIES $635.56 JPMORGAN CHASE BANK JOHNSTONE- CAPACITORS $97.55 JPMORGAN CHASE BANK LOWES -PARTS $37.94 JPMORGAN CHASE BANK LOWES- SUPPLIES $277.27 JPMORGAN CHASE BANK MUSTANG MOWERS- SPRING $39.09 JPMORGAN CHASE BANK NCL OF WIC -JARS $177.12 2 Claims List - 9/17/2019 Fund Vendor Name Payable Description Payment Amount 61 OPWA JPMORGAN CHASE BANK NCL OF WIC -PROBE $230.87 JPMORGAN CHASE BANK NCL OF WISC - SUPPLIES $142.80 JPMORGAN CHASE BANK OREILLY -TOOL SET $24.99 JPMORGAN CHASE BANK TRAVEL EXPENSE $24.46 JPMORGAN CHASE BANK WALMART -WATER $23.12 JPMORGAN CHASE BANK WASTE MGMT - SLUDGE REM $12,184.07 UNIFIRST HOLDINGS LP UNIFORM SERVICE $108.84 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WASTEWATER TREATMENT -Total $20,843.72 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - AUGUST, $80.65 CITY GARAGE LABORIOVERHEAD - SEPT. 20 $2,945.33 CITY GARAGE VEH PARTS PURCH - AUGUST, $1,974.81 CITY OF TULSA DEPT OF FINANCE LAB SERVICES - AUGUST 201 $500.00 CITY OF TULSA UTILITIES WATER $328,602.25 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - AUG, 2 $1,169.60 JPMORGAN CHASE BANK ATWOODS -BOOTS $139.99 JPMORGAN CHASE BANK CORE &MAIN -METER CANS $449.00 JPMORGAN CHASE BANK CORE &MAIN- PIPEIFITTIN $482.09 JPMORGAN CHASE BANK CORNERSTONE- FASTENERS $6.18 JPMORGAN CHASE BANK DEO -FEES $124.00 JPMORGAN CHASE BANK HARBOR FREIGHT - HAMMER $18.28 JPMORGAN CHASE BANK IRBY- REPAIR $6,715.01 UNIFIRST HOLDINGS LP UNIFORM SERVICE $410.54 VERDIGRIS VALLEY ELECTRIC COOP WATER CONTROL ELECTRI $30.60 WATER -Total $343,648.33 OPWA -Total $398,116.53 OPWA Grand Total $398,116.53 M RE4L paoplo REAl c1 anar -gEAl Cpmmunlly TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Jennifer Newman, Assistant Finance Director SUBJECT: Budget Amendment - Series 2019 Promissory Note to Oklahoma Water Resources Board DATE: September 13, 2019 BACKGROUND: The Owasso Public Works Authority (OPWA) Authority approved on July 30, 2019, the issuance of a Series 2019 Promissory Note to Oklahoma Water Resources Board (OWRB), to fund construction of the Wastewater Treatment Plant Upgrades, Ranch Creek Interceptor Upgrades, Coffee Creek Lift Station, and the Owasso Market Gravity Sewer Line projects, with a combined total of $26.1 million. The original FY 2019 -2020 budget, approved by Trustees in June, was based on an early estimate for the Wastewater Treatment Plant. Since that time, the engineering estimate increased, as reflected in the approved OWRB loan. In order to expend the additional loan proceeds, staff is requesting an increase in estimated revenues of $4,589,623.80, and an increase in the appropriation for expenditures of $4,752,572.80, to reflect the revised engineering estimate and related loan closing costs. RECOMMENDATION: Staff recommends approval of a budget amendment increasing the estimate of revenues by $4,589,623.80, and the appropriation for expenditures by $4,752,572.80. sd REAL Ra"•REAIC"no, •REAI Community TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Bid Award - Public Works Bathroom Remodel DATE: September 13, 2019 BACKGROUND: In 1999, the Owasso Public Works Authority (OPWA) purchased the building located at 301 West 2nd Avenue. Since then, the facility has been occupied by Public Works administration, engineering, inspections, stormwater, wastewater collections, water, and streets personnel. At the time of occupying the building, the Public Works Department had twenty -four (24) employees who utilized the facility on a daily basis. By 2019, staffing has increased to forty -eight (48) employees. Additionally, meetings with citizens, developers, and other entities are held in the facility on a regular basis. With the increased personnel in all divisions, upgrading the three restroom facilities has become a necessity. Public Works staff hired BKL, INC to design additional restroom facilities in the administration and field staff areas to accommodate the needs of staff. BID ADVERTISEMENT: The project was advertised in July of 2019. Bids were officially opened August 22, 2019, with five (5) contractors submitting bids. The lump sum base bid results are summarized below: BIDDER TOTAL BID Voy Construction $135,408.00 Magnum Construction $167,000.00 Southeast Tulsa Construction $167,683.40 RECO Construction $143,331.00 Hoey Construction 208,000.00 ARCHITECT'S ESTIMATE $142,000.0 0 FUNDING: Funding is available in the OPWA operation budget. RECOMMENDED ACTION: Staff recommends awarding the bid to Voy Construction of Tulsa, Oklahoma, in the amount of $135,408.00 and authorization for the Chair to execute the construction agreement. ATTACHMENT: Agreement SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the 17 day of September 2019, by and between The OWASSO PUBLIC WORKS AUTHORITY. Owasso. Oklahoma (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents, The Work is generally described as follows: 2019 Public Works Building Renovation The project for which the Work under the contract documents may be the whole or only a part, is described as follows: Renovation of Public Works office and field staff bathrooin facilities. ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his /her duly authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within one hundred eighty (180) calendar days from the date of Notice to Proceed, and completed and ready for final payment in accordance with the General Conditions within two hundred twenty (220) calendar days from the date of Notice to Proceed. The date of final completion will, therefore, be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not AGREEMENT 0719 00300 - Page I of 15 substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($500.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the OWASSO PUBLIC WORKS AUTHORITY Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 90% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 010) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount. Owner shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. 0719 00300 - Page 2 of 15 ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents: and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 0719 00300 - Page 3 of 15 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for one (1) year after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 001 10). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). AGREEMENT 0719 00300 - Page 4 of 15 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets I to 15, inclusive, and Standard Drawings. 7.21 Addendum Numbers to . inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself /herself, his /her partners, successors, assigns, and legal representatives to the other party hereto, his /her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. AGREEMENT 0719 00300 - Page 5 of 15 IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, and one belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on OWNER: By Chris Kelley, Chair (SEAL) ATTEST: Juliann M. Stevens, Authority Clerk Address for giving notices: OWASSO PUBLIC WORKS AUTHORITY 301 W 2 "d Ave Owasso, OK 74055 CONTRACTOR: C (SEAL) Title 0719 00300 - Page 6 of 15 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 08/31/19 Department Payroll Expenses Total Expenses 400 OPWA Administration 14,935.97 22,253.37 405 Utility Billing 6,448.00 11,849.41 420 Water 13,743.05 22,975.81 450 Wastewater 11,367.22 18,767.54 455 Wastewater Collection 13,238.49 22,830.82 480 Refuse 15,215.75 25,123.89 485 Recycle Center 2,335.20 3,214.74 FUND TOTAL 77,283.68 127,015.58 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY - OPERATING FUND FISCAL YEAR 2019 -2020 Budgetary Basis Statement of Revenues & Expenses As of August 31, 2019 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET OPERATING REVENUES: Water $ 687,703 $ 1,192,493 $ 6,652,106 17.93% Wastewater 405,529 801,629 5,059,107 15.85% Refuse & recycle 205,755 408,721 2,320,564 17.61% Other Utility fees 23,556 46,875 294,076 15.94% TOTAL OPERATING REVENUES $ 1,322,542 $ 2,449,719 $ 14,325,853 17.10% OPERATING EXPENSES: OPWA administration $ (74,150) $ (145,751) $ (1,055,450) 13.81% Utility Billing (38,274 ) (76.804) (542,460) 14.16% Water (325,312) (405,720) (4,907,916) 8.27% Wastewater (165,453) (455,361) (2,629,664) 17.32% Refuse & Recycle (87,337) (172,274) (1,379,228) 12.49% Debt payments (205,381) (373,004) (2,209,000) 16.89% TOTAL OPERATING EXPENSES $ (895,907) $ (1,628,913) $ (12,723,718) 12.80% OPERATING REVENUES OVER /(UNDER) EXPENDITURES $ 426,636 $ 820,805 $ 1,602,135 NONOPERATING REVENUES (EXPENSES): Interest $ 7,332 $ 12,824 $ 57,935 22.14% Other revenues /(expenses) 207 2,419 20,807 11.63% Transfers in - 0.00% Transfers out (326,201) 0.00% TOTAL NONOPERATING REVENUES (EXPENSES) $ 7,539 $ 15,243 $ (247,459) LONG -TERM DEBT PROCEEDS AND EXPENDITURES: Proceeds of long -term debt $ 1,034,780 $ 1,688,655 $ 22,167,487 Expenditures of long -term debt (61,240) (715,115) (22,004,538) TOTAL LONG -TERM DEBT PROCEEDS AND EXPENDITURES $ 973,540 $ 973,540 $ 162,949 NET INCOME (LOSS) $ 1,407,714 $ 1,809,588 $ 1,517,625 ENCUMBRANCES OUTSTANDING $ (475,041) FUND BALANCE (Budgetary Basis) Beginning Balance 1,311,799 1,311,799 Ending Balance $ 2,646,347 $ 2,829,424