Loading...
HomeMy WebLinkAbout2020.12.15_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY (OPWA) Council Chambers Old Central Building 109 North Birch, Owasso, OK TUESDAY, DECEMBER 15, 2020 - 6:30 PM AGENDA RECEIVED 1. Call to Order DEC 1 1 2020 Chair Bill Bush City Clerk's Office 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 - December 1, 2020, and December 8, 2020, Regular Meetings B. Approve claims 4. Consideration and appropriate action relating to items removed from the Consent Agenda 5. Consideration and appropriate action relating to an agreement for inspection services for the Wastewater Treatment Plant and Main Plant Lift Station Expansion Project Roger Stevens Staff recommends approval of the Agreement for Professional Engineering for inspection services with Greeley and Hansen, LLC, of Tulsa, Oklahoma, in the amount of $586,510.00, and authorization to execute the necessary documents. 6. Consideration and appropriate action relating to an agreement for construction services for the Wastewater Treatment Plant and Main Plant Lift Station Expansion Project Travis Blundell Staff recommends approval of the Agreement for Professional Engineering for construction services with CP &Y, Inc., of Oklahoma City, Oklahoma, in the amount of $513,732.00, and authorization to execute the necessary documents. 7. Report from OPWA Manager 8. Report from OPWA Attorney 9. Official Notices (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report- pay period ending date December 5, 2020 • Monthly Budget Status Report - November 2020 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 December 15, 2020 Page 2 11. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 13, 2019, and the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, December 11, 2020. Stevens, City The City of Owasso encourages citizen participation. To request an accommodation due to a dfsabllfty, contact The City Clerk at least 48 hours prior to the scheduled meeting by phone 918-376 -1502 or by email to istevens@citvofowcysso.com OWASSO PUBLIC WORKS AUTHORITY (OPWA) MINUTES OF REGULAR MEETING Tuesday, December 1, 2020 The Owasso Public Works Authority (OPWA) met in regular session on Tuesday, December 1, 2020, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 13, 2019; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 12:00 pm on Wednesday, November 25, 2020. 1. Call to Order Vice Chair Kelly Lewis called the meeting to order at 7:03 pm. 2. Roll Call Present Absent Vice Chair- Kelly Lewis Chair- Bill Bush Trustee - Doug Bonebrake Trustee - Chris Kelley Trustee - Lyndell Dunn 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 - November 17, 2020, Regular Meeting B. Approve claims Mr. Dunn moved, seconded by Mr. Bonebrake to approve the Consent Agenda, as presented, with claims totaling $998,301.57. YEA: Bonebrake, Dunn, Lewis NAY: None Motion carried: 3 -0 4. Consideration and appropriate action relating to items removed from the Consent Agenda None 5. Consideration and appropriate action relating to bids received for the Wastewater Treatment Plant and Main Plant Lift Station Expansion Project Travis Blundell presented the item, recommending to award the base bid and alternates A- 1.1, A -1.2, A -1.3, A -2.1, A -2.2, A -3 and A -4, in the amount of $21,187,879.00, to Crossland Heavy Contractors Inc., of Columbus, Kansas, and authorization to execute the necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to award the bid, as recommended. YEA: Bonebrake, Dunn, Lewis NAY: None Motion carried: 3 -0 6. Report from OPWA Manager None Owasso Public Works Authority December 1, 2020 Page 2 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 Vice Chair acknowledged receipt of the following: • Payroll Payment Report- pay period ending date November 21, 2020 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, Dunn, Lewis NAY: None Motion carried: 3 -0 and the meeting adjourned at 7 :13 pm. Kelly Lewis, Vice Chair Juliann M. Stevens, Authority Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING Tuesday, December 8, 2020 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, December 8, 2020, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 13, 2019; 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, December 11, 2020. 1. Call to Order /Roll Call Mayor /Chair Bill Bush called the meeting to order at 6:00 pm. Present Absent Mayor /Chair- Bill Bush None Vice Mayor /Vice Chair- Kelly Lewis Councilor /Trustee - Chris Kelley Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndell Dunn A quorum was declared present. 2. Discussion relating to a request for a Specific Use Permit (SUP 20 -03) - 1.58 acres located southwest of the East 86th Street North and North 145th East Avenue intersection, just south of the Casey's convenience store (Granny and Dots) Alexa Beemer presented the item and discussion was held. It was further explained this item would be placed on the December 15, 2020, City Council agenda for consideration and action. 3. Discussion relating to City /Authority Manager items A. Tulsa Regional Chamber 2021 OneVoice Regional Legislative Agenda B. Monthly sales tax report C. City /Authority Manager report Warren Lehr introduced Juliann Stevens to present item A and discussion was held. It was further explained that an item would be placed on the December 15, 2020, City Council Consent agenda for consideration and action. Mr. Lehr introduced Jennifer Newman to present item B and discussion was held. Mr. Lehr reported on Coronavirus Relief Funding received from Tulsa County and the new City Manager of Claremore, John Feary. 4. City Councilor /Trustee comments and inquiries None 5. Adjournment The meeting adjourned at 6:13 pm. Bill Bush, Mayor /Chair Juliann M. Stevens, City Clerk Claims List - 12/1512020 Fund Vendor Name Payable Description Payment Amount 61 OPWA AMERICAN MUNICIPAL SERVICES LTD COLLECTION SERVICES $112.77 OPWA -Total $112.77 AT &T CONSOLIDATED PHONE $13.48 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - NOV, $64.53 CITY GARAGE LABORIOVERHEAD - DEC, 202 $165.33 CITY GARAGE VEH PARTS PURCHASED - $38.62 JPMORGAN CHASE BANK NOV $419.65 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $22.88 JPMORGAN CHASE BANK ATLAS -MAINT $1,580.00 JPMORGAN CHASE BANK MURPHY - SUPPLIES $36.20 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $54.61 JPMORGAN CHASE BANK SAMS- SUPPLIES $89.38 JPMORGAN CHASE BANK SUNDANCE - SUPPLIES $13.98 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $477.52 UNIFIRST HOLDINGS LP UNIFORM SERVICE $76.41 OPWA ADMINISTRATION -Total $2,632.94 GREELEY & HANSEN LLC LBX 619776 ENGINEERING SERVICES - RA $2,413.38 RANCH CRK INTCPT UPGRADE -Total $2,413.38 AT &T CONSOLIDATED PHONE $13.48 AT &T LONG DISTANCE PHONE $0.30 BRIAN A CASEMENT RECYCLE CENTER EXPANSION $5,947.50 CITY GARAGE LABORIOVERHEAD - DEC, 202 $410.17 JPMORGAN CHASE BANK NATURAL EVO -E -WASTE $419.65 JPMORGAN CHASE BANK WASTE MGMT -REC TIP FE $1,380.74 OOLOGAH FUEL COMPANY PROPANE $45.00 OSI ENVIRONMENTAL INC USED OIL COLLECTION $100.00 TERMINIX PEST CONTROL $73.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE $36.70 RECYCLE CENTER -Total $8,426.54 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - NOV, $2,106.88 CITY GARAGE LABORIOVERHEAD - DEC, 202 $5,524.17 CITY GARAGE VEH PARTS PURCHASED - $3,982.68 NOV FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $1,547.76 JPMORGAN CHASE BANK BE ELECTRIC -PARTS $27.61 JPMORGAN CHASE BANK SUMP28UMP- GLOVES $97.65 JPMORGAN CHASE BANK BUMP2BUMP -PARTS $17.16 JPMORGAN CHASE BANK FLEETPRIDE -PARTS $1,274.75 JPMORGAN CHASE BANK FLEETPRIDE- REFUND ($678.38) JPMORGAN CHASE BANK KIMS -MAINT $3190 JPMORGAN CHASE BANK LOWES- SUPPLIES $14.44 1 Claims List - 12/15/2020 Fund Vendor Name Payable Description Payment Amount 61 OPWA JPMORGAN CHASE BANK PTG- REPAIRS $1,045.78 JPMORGAN CHASE BANK PTG - SENSOR $354.24 JPMORGAN CHASE BANK SAMS -MASKS $89.80 JPMORGAN CHASE BANK SAMS - SUPPLIES $64.62 JPMORGAN CHASE BANK SEMI TRUCK -WASH $370.00 JPMORGAN CHASE BANK STEVE'S WHLSE -TOOLS $145.45 JPMORGAN CHASE BANK UNITED ENGINE -PARTS $1,270.56 JPMORGAN CHASE BANK WASTE MGMT -REF TIP FE $3,909.26 UNIFIRST HOLDINGS LP UNIFORM SERVICE $140.36 REFUSE COLLECTIONS -Total $21,338.69 JPMORGAN CHASE BANK APT - TRAINING $89.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $25.56 TECHNICAL PROGRAMMING SERVICES BILLING SERVICES $1,178.08 INC VEH PARTS PURCHASED - $407.36 UTILITY BILLING -Total NOV $1,292.64 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - NOV, $152.62 CITY GARAGE LABOR/OVERHEAD - DEC, 202 $1,378.50 CITY GARAGE VEH PARTS PURCHASED - $625.50 JPMORGAN CHASE BANK NOV $2.79 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $274.85 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $172.69 UNIFIRST HOLDINGS LP UNIFORM SERVICE $105.68 VERDIGRIS VALLEY ELECTRIC COOP COFFEE CREEK ELECTRIC $806.58 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECTRI $209.31 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WASTEWATER COLLECTIONS -Total $3,805.75 AT &T CONSOLIDATED PHONE $40.45 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - NOV, $12.20 CITY GARAGE LABORIOVERHEAD - DEC, 202 $1,064.42 CITY GARAGE VEH PARTS PURCHASED - $407.36 NOV FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $356.52 JAMES A. OZBUN REPAIR MOTOR $2,950.00 JAMES A. OZBUN SERVICE $225.00 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $2.79 JPMORGAN CHASE BANK BUMP2BUMO -PARTS $5.29 JPMORGAN CHASE BANK BUMP2BUMP -PARTS $8.24 JPMORGAN CHASE BANK FORT BEND -TOTE $3,795.00 JPMORGAN CHASE BANK GRAINGER- FILTERS $6620 JPMORGAN CHASE BANK GREEN CO TEST - TESTING $155.00 JPMORGAN CHASE BANK HACH CO- SUPPLIES $510.95 JPMORGAN CHASE BANK HACH CO -TESTS $123.54 E Fund Claims List - 12/15/2020 Vendor Name 61 OPWA JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK SCHUERMANN ENTERPRISES, INC SCHUERMANN ENTERPRISES, INC UNIFIRST HOLDINGS LP VERIZON WIRELESS Payable Description Payment Amount HUTHER - MONITORING $1,225.00 INTERSTATE - BATTERIES $13.70 LOWES- SUPPLIES $54.96 MCQUEEN LABS -PARTS $282.00 METRO MACH - REPAIRS $2,395.00 NCL OF WISC -PARTS $105.30 NCL OF WISC- SUPPLIES $118.30 OFFICE DEPOT - SUPPLIES $96.75 SCHREIBER- EQUIPMENT $9,268.00 SCADA ANNUAL SERVICE $1,752.00 SERVICE REPAIR $580.83 UNIFORM SERVICE $120.78 WIRELESS CONNECTION $80.02 WASTEWATER TREATMENT -Total $25,815.70 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - NOV, $77.51 CITY GARAGE LABOR(OVERHEAD - DEC, 202 $2,718.17 CITY GARAGE VEH PARTS PURCHASED - $641.31 NOV CITY OF TULSA UTILITIES WATER $400,000.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $703.20 JPMORGAN CHASE BANK ATWOODS -BLUE DEF $37.14 JPMORGAN CHASE BANK CORE &MAIN -PARTS $737.52 JPMORGAN CHASE BANK CORE &MAIN- SUPPLIES $10,550.97 JPMORGAN CHASE BANK LOWES -HOSE $18.09 JPMORGAN CHASE BANK SAMS -MASKS $89.80 UNIFIRST HOLDINGS LP UNIFORM SERVICE $15318 VERDIGRIS VALLEY ELECTRIC COOP WATER CONTROL ELECTRI $30.60 WATER -Total $415,757.49 OPWA -Total $481,595.90 OPWA Grand Total $481,595.90 3 s� -R.L c —m." news n•..i. • nevi Ch. ..,,.I TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Wastewater Treatment Plant and Main Plant Lift Station Expansion Project Professional Engineering Agreement - Inspection Services DATE: December 11, 2020 BACKGROUND: On December 1, 2020, Owasso Public Works Authority approved a construction contract for the Wastewater Treatment Plant and Main Plant Lift Station Expansion Project. Due to the technical nature and complexity of this project, staff has determined it is necessary to retain an engineering firm with the required qualifications to perform inspections throughout the duration of the project. INSPECTION SERVICES AGREEMENT: City staff and Greeley and Hansen, LLC, developed a scope of work for the expansion project. The firm provided anticipated construction schedules and their individual firm's hourly rate for inspection services, senior engineering management, and administrative support, The following components are the responsibility of the firm, which are included in the agreement: • Construction Observations - Daily Field Inspections - Daily Field Report - Monthly Pay Request Recommendation - Construction Deviation Log - Close -out Punch List • Electrical and Instrumental /Control Inspections • Quality Control Testing On November 9, 2020, City staff and Greeley and Hansen, LLC, agreed to the inspection service fee. If approved, the cost of engineering services will be in the amount of $586,510 or approximately 2.8% of the construction cost. FUNDING: Funding for inspection services is included in the FY 2021 Wastewater Treatment Plant budget through the issuance of a Series 2019 Promissory Note to the Oklahoma Water Resources Board, approved by the Authority on July 16, 2019. RECOMMENDATION: Staff recommends approval of the Agreement for Professional Engineering Services for inspection services with Greeley and Hansen, LLC, of Tulsa, Oklahoma, in the amount of $586,510, and authorization to execute the necessary documents. ATTACHMENTS: Location Map Agreement /Exhibits Wastewater Treatment Plant and Main Plant Lift Station Expansion Project V = 237 ft 12/03/2020 f = 0 b, This map may re resens a visual display of related geographic information. Dare provided hereon is not guarantee of acutual field conditions. To be sure of complete accuracy, please conta"r e responsible staff fcr most up-to-daze information. AGREEMENT M PROFESSIONAL ENGINEERING SERVICES FOR WASTEWATER TREATMENT PLANT AND MAIN LIFT STATION EXPANSION THIS AGREEMENT, made and entered into this & , M /', 2020 between the Owasso Public Works Authority, Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as AUTHORITY, Greeley and Hansen LLC, an Illinois Limited Liability Company with its principal office at 100 South Wacker Drive, Chicago, Illinois, 60606 -4004, hereinafter referred to as ENGINEER, WITNESSETH: WHEREAS, AUTHORITY intends to construct improvements to the Wastewater Treatment Plant and Main Lift Station Expansion, 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; 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. AUTHORITY'S RESPONSIBILITIES. AUTHORITY will 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 will 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. Service Agreement 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 completed 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 deliverables. 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. 8. SCHEDULE. 8.1. 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 Service Agreement 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. 92 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. 10.2. AUTHORITY shall require construction contractor(s) to name AUTHORITY, and Greeley and Hansen LLC 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. Service Agreement 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 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 record drawings, 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 maybe 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: Ana Stagg Greeley and Hansen LLC 321 South Boston Avenue, Suite 300 Tulsa, Oklahoma 74103 To AUTHORITY: Owasso Public Works Authority P.O. Box 180 Owasso, Oklahoma 74055 Attention: Roger Stevens Service Agreement 15.1. 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, 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 underthis AGREEMENT shall be subject to inspection and approval by the AUTHORITY, and any plans or specifications not meeting the terms set forth in this AGREEMENT shall be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER shall meet with the AUTHORITY staff initially and periodically thereafter and will be available for public meetings and/or AUTHORITY presentations. Service Agreement 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Ana Stagg 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 Chair of the AUTHORITY. GREELEY AND HANSEN LLC Fernando Sarmiento, P.E. Principal Date jI1 J ZOIZ0ZD APPROVED: OWASSO PUBLIC WORKS AUTHORITY Authority Clerk, Juliann M. Stevens Chair, Bill Bush Date APPROVED AS TO FORM: Authority Attorney, Julie Lombardi Service Agreement 6 Attachment A Owasso Public Works Authority Wastewater Treatment Plant and Main Lift Station Expansion Scope of Project Greeley and Hansen LLC November 2020 A. SCOPE OF PROJECT. The scope consists of observations of construction progress and quality assurance testing to assess compliance with the contruction contract documents (Contract Documents) for the Owasso Wastewater Treatment Plant and Main Lift Station Expansion, Project No. OWAS1700154, including the following: - Construction Observations - Electrical and I &C Inspections - Quality Control Testing The construction will take place at the Owasso Wastewater Treatment Plant, located at 600 South Main Street, Owasso. Work elements of construction include: - Main Lift Station including all associated Mechanical, Structural and Electrical components - Grit removal system including a vortex -type grit removal system, grit classifierequipment, grit dewatering equipment, and dry grit storage. - Modify Aeration Basin No. 1 and Install a new Aeration Basin No. 2 including a fine bubble diffuser system, mixers in Anoxic zone, recirculation pump station and filtrate pump station. - New Blower building No. 3 and all its associated Architectural, Structural, Mechanical and Electrical Components. - New Digester No. 1, Digested sludge Pump Station and all its associated components. - New Plant water System and its associated components. General Service during Construction will be performed by others and are excluded from this AGREEMENT. Refer to Attachment C, Responsibility of the Authority, for further detail. Attachment A A -1 F_An .LTi --na a_? Owasso Public Works Authority Wastewater Treatment Plant and Main Lift Station Expansion Scope of Services Greeley and Hansen LLC November 2020 B. SCOPE OF SERVICES. The services to be performed by the ENGINEER under this AGREEMENT relate to observation services during construction of the Owasso Wastewater Treatment Plant and Main Lift Station Expansion, Project No. OWAS1700154 as further defined below. It is understood and agreed that the date of beginning, rate of progress, and the time of completion of the services to be done herein are essential provisions of this AGREEMENT. The services included herein will commence upon execution of this AGREEMENT and issuance of a Notice to Proceed. Through the performance of services herein, the ENGINEER shall endeavor to identify defects and deficiencies in the work of construction contractors. However, by furnishing such services, the ENGINEER shall not supervise, direct or have control over construction contractors' work nor shall the ENGINEER have authority over or responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions or programs. Accordingly, the ENGINEER shall not guarantee the performance of construction contractors and ENGINEER shall not be responsible for the failure of construction contractors to perform the work in accordance with the Contract Documents. B.1 CONSTRUCTION OBSERVATIONS B.1.1 The ENGINEERING shall provide RESIDENT PROJECT REPRESENTATIVE (RPR) services for a total of up to 3,700 hours based on a construction contract of 730 calendar days. RPR services shall be part time during the first 2 months after the date of the AUTHORITY'S Notice to Proceed to the construction contractor, full -time for the following 20 months, and part time during the next 2 months following Substantial Completion. Services required beyond this time period or this total number of hours will be considered to be beyond the scope of this AGREEMENT. B.1.2 The RPR duties and responsibilities areas follows - Conduct on -site observations of the work in progress to assist in determining whether the work is proceeding in accordance with the Contract Documents and whether completed work will conform to the contract documents. - Prepare daily field reports to record hours on the jobsite, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Attachment B B -1 - Monitor the progress schedule, schedule of shop drawings submissions and schedule of values prepared by the Contractor for contract compliance and provide documentation and recommendations to the AUTHORITY concerning acceptability. - Maintain a file of shop drawings and samples furnished. Advise Contractor immediately of the commencement of any work requiring shop drawing if the submission has not been reviewed and no exceptions taken. - Arrange a schedule of progress meetings and other job conferences as required, notify those expected to attend in advance, and circulate copies of meetings thereof. - Report to AUTHORITY and document whenever RPR believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise AUTHORITY when RPR believes work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. - Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that Contractor maintains adequate records thereof; observe, record and report appropriate details relative to the test procedures and startups. Document findings. - Review applications for payment with Contractor for compliance with the established procedure with Contractor for their submission and forward the pay applications with recommendations to AUTHORITY, noting particularly the relation of the pay application to the schedule of values, work completed to date, and materials and equipment delivered at the site but not incorporated in the work. - Conduct final inspection in the company of AUTHORITY and Contractor, and prepare a final list of items to be completed or corrected. Verify that all items on final punch list have been completed or corrected and make recommendations concerning acceptance. - Use BIM 360 software, to be provided to RPR at no cost to the ENGINEER, for construction record keeping and data management. Deliverables: - Daily Field Reports - Monthly Pay Request Recommendation - Construction Deviation Log - Close -out Punch List Attachment B B -2 B.2 ELECTRICAL AND I &C INSPECTIONS. B.2.1 The ENGINEER shall provide licensed Electrical and I &C Engineer services for a total of up to 100 hours for on -site observations of the construction progress to assess construction conformance with design plans and specifications as follows: Inspection 1. To be conducted at approximately 80% complete construction. Observe electrical and instrumentation progress with respect to contract documents. Provide comments on work and on potential non- conforming work to alert the RPR of items that may need corrected. - Inspection 2. To be conducted just prior to substantial completion. Observe electrical and instrumentation for corrections to deficiencies identified during previous visit and remaining work with respect to contract documents. Provide comments on work and on non - conforming work to prepare an incomplete work list to be included in the RPR Close -out Punch list. Inspection 3. To be conducted at project close -out. Virtual visit to observe corrections to items on the Close -out Punch List identified in previous visit. Deliverables: - Non - Conforming Work List (to be incorporated in the RPR Deviation Logs) B.3 QUALITY CONTROL TESTING. B.3.1 The ENGINEER shall arrange for and provide, through a subcontract, testing laboratory services for testing requested by the AUTHORITY for quality assurance purposes per Section 00 14 10 of the construction contract documents. B.3.2 Anticipated testing includes the following items of work: - Cast -in -place concrete: Perform strength testing of concrete samples per ASTM C31 for compliance with the construction contract documents. - Structural backfill materials: Perform classification and testing of compacted fill materials. Test per ASTM D422, D1140, and D698 as required to verify fill materials are in accordance with the construction contract documents. B.3.3 Distribute Laboratory Test Reports within 3 days of test completion or weekly on continuous work. Deliverables: - Laboratory Test Reports: 5 copies each Attachment B B -3 Attachment C Owasso Public Works Authority Wastewater Treatment Plant and Main Lift Station Expansion Responsibilities of the Authority Greeley and Hansen LLC November 2020 C. RESPONSIBILITIES OF THE AUTHORITY. The AUTHORITY agrees: CA Schedule. Provide Notice to Proceed at least 14 days prior to actual project start. C.2 Access. Provide access to property when required in performance of the ENGINEER's services. C.3 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 AUTHORITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. CA Review. Examine documents presented by the ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. C.5 General Services during Construction. Arrange for and provide services by a licensed Professional Engineer knowable of the PROJECT responsible for tasks and deliverables described herein. Review shop drawings, product submittals, equipment manufacturers O &M manuals for compliance with the design intent as expressed in the contract documents. Respond to Contractor's Request for Information (RFIs) and clarifications and provide recommendations to RFIs. Respond to inquiries from the Contractor relative to interpretation of the drawings and specifications, project schedule, pay applications, claims and change orders, and other matters concerning construction. Revise the conformed contract drawings to reference changes observed by and recorded during construction. These record drawings shall incorporate changes shown on the Contractor's and the RPR's record sets of drawings, supplementary drawings, shop drawings, and other records of field changes. Provide standard operating procedures (SOPs) for process changes and new equipment associated with proposed changes. SOPS will be specific to processes and individual equipment, and will include description of process and equipment; function; general operation strategy; start -up and shutdown procedures; operation and control procedures; interlocks and necessary schematics and diagrams to help explain each process. Attachment C C -1 Attachment D Owasso Public Works Authority Wastewater Treatment Plant and Main Lift Station Expansion Compensation Greeley and Hansen LLC November 2020 D. COMPENSATION. The AUTHORITY agrees to pay, as compensation for services set forth in the AGREEMENT, 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 used and deliverables provided at the time of billing. (See Attachment E — Services Fee Schedule). Invoices shall be accompanied by such documentation as the AUTHORITY may require in substantiation of the amount billed. AUTHORITY shall have the right to withhold payment to ENGINEER until updated insurance certificates evidencing the required insurance coverage are submitted in the event that the insurance shown on the insurance certificate submitted with this Agreement expires before completion of the Project. DA For the work under CONSTRUCTION OBSERVATIONS, Attachment B, paragraph B.1, and provided, that the Construction Contractor completes all construction within the time for completion specified in the Construction Contract Documents, not to exceed amount of Five Hundred Seventeen Thousand Five Hundred Ten and 00/100 Dollars ($517,510). D.2 For the work under ELECTRICAL AND I &C INSPECTIONS, Attachment B, paragraph B.2, and provided, that the Construction Contractor completes all construction within the time for completion specified in the Construction Contract Documents, not to exceed amount of Twenty -Nine Thousand and 00/100 Dollars ($29,000). D.3 For the work under QUALITY CONTROL TESTING, Attachment B, paragraph B.3, and provided, that the Construction Contractor completes all construction within the time for completion specified in the Construction Contract Documents, not to exceed amount of Forty Thousand and 00/100 Dollars ($40,000.00) DA Other Engineering Services, not included in the foregoing, when authorized in writing by the AUTHORITY, shall be paid -for by Amendment. D.5 Travel and subsistence from outside the Tulsa Metropolitan Area shall be reimbursed at actual costs and not exceed current GSA Rates. D.6 In the event that the Construction Contractor does not complete all the work Included in the Construction Contract within the time for completion set out in the Construction Contract Documents, the AUTHORITY may, at its option: D.6.1 Cancel the contract with the ENGINEER, or D.6.2 Negotiate the costs of services the ENGINEER will provide the AUTHORITY. Attachment D D -1 Attachment E Owasso Public Works Authority Wastewater Treatment Plant and Main Lift Station Expansion Services Fee Schedule Greeley and Hansen LLC November 2020 TASK DESCRIPTION PM RPR ELECTRICAL ADMIN ASST TOTAL Average Hourly Rate, Dollars Total Direct Labor (Hrs. x Rate) Overhead and Profit (Direct Labor x Overhead /Profit Factor) $ $ $ 255.00 55.00 170.00 $ $ $ 132.30 54.00 78.30 $ 240.00 $ 80.00 $ 160.00 $ $ $ 75.00 25.00 50.00 FIELD SERVICES DURING CONSTRUCTION Full -time Construction Observations 100 1 3700 20 $ 516,510 Specialty Field Visits 100 $ 24,000 Subtotal Labor 100 3700 100 20 $ 540,510 OTHER DIRECT COSTS Testing Allowance (includes 5% markup) $ 40,000 Travel $ 5,000 Express Mail $ 500 Reproduction $ 500 Subtotal ODCs $ 46,000 TOTAL $ 586,510 Attachment E Page 1 11/12/2020 Attachment F Owasso Public Works Authority Wastewater Treatment Plant and Main Lift Station Expansion Schedule Greeley and Hansen LLC November 2020 SCHEDULE. The Services shall be conducted in a single phase of 24 consecutive months (730 calendar days) in duration commencing at Notice To Proceed. Attachment F F -1 TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Travis Blundell Assistant Public Works Director SUBJECT: Wastewater Treatment Plant and Main Plant Lift Station Expansion Project Construction Services Agreement DATE: December 11, 2020 BACKGROUND: On December 1, 2020, the Owasso Public Works Authority (OPWA) approved a contract for the construction of the Wastewater Treatment Plant and Main Plant Lift Station Expansion Project. Due to the technical nature and complexity of this project, staff has determined it is necessary to retain the services of CP &Y, Inc., the design engineer for this project to perform the Construction Engineering Services. This action would ensure the completed upgrades are being constructed as designed. CONSTRUCTION SERVICES AGREEMENT: City staff and CP &Y, Inc. developed a scope of work for the expansion project. The firm provided anticipated construction service components and their fee proposal. The following components are the responsibility of the firm, which are included in the agreement: • Review and approve a maximum of 150 submittals • Review and respond to a maximum of 60 request for information (RFI) • Host the BIM360 software program for managing submittals, RA's, pay applications, drawings and specifications • Review change order requests • Assist with a pre -work conference with the City and Contractor • Visit the site 2 times for punch list walk- throughs; one at substantial completion and one at final completion • Conduct a maximum of 24 monthly construction progress meetings • Attend a maximum of 24 additional meetings • Assist operations staff with a maximum of 40 -hours of start-up assistance • Provide basic services for a maximum of 22 -month construction schedule to substantial completion and 2 months from substantial completion to final completion • Review contractors pay applications for general conformance On November 19, 2020, City staff and CP &Y, Inc. came to an agreement relating to the construction services fee. If approved, cost of construction services will be a lump sum amount of $513,732.00 or approximately 2.4% of the construction cost. FUNDING: Funding for construction services is included in the FY 2021 Wastewater Treatment Plant budget through the issuance of a Series 2019 Promissory Note to the Oklahoma Water Resources Board, approved by the Authority on July 16, 2019. Page 2 W WTP Upgrade ;aYK*1AiML, IJD A1[d2F Staff recommends approval of the Construction Phase Engineering Services Agreement for construction services with CPBY, Inc., of Oklahoma City, Oklahoma, in the amount of $513,732.00, and authorization to execute the necessary documents. ATTACHMENTS: Location Map Agreement Wastewater Treatment Plant and Main Plant Lift Station Expansion Project V = 237 ft 12/03/2020 J ' /G ;`y 11✓ � This map may represerrz a visual display of related geographic information. Da:a provided hereon is not guaramee of acutual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up-to -date information. AGREEMENT FOR ENGINEERING SERVICES WASTEWATER TREATMENTP PLANT AND MAIN PLANT LIFT STATION EXPANSION PROJECT CONSTRUCTION PHASE ENGINEERING SERVICES OWASSO PUBLIC WORKS AUTHORITY OWASSO, OK THIS AGREEMENT, made and entered into this 15th day of December, 2020 between the Owasso Public Works Authority, Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as AUTHORITY, and CP &Y, Inc., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, AUTHORITY intends to WASTEWATER TREATMENT PLANT AND MAIN PLANT LIFT STATION EXPANSION PROJECT, 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 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 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. 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 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. DECEMBER7, 2020 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing ordinarily accepted standard of care for similar services with respect to projects of comparable function and complexity at the same locality and same time; 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 in accordance with the above standard of care 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. 7.1.1. ENGINEER shall not at any time supervise, direct, control, or have authority over any construction contractor's work, nor for any failure of a construction contractor to comply with Laws and Regulations applicable to that construction contractor's furnishing and performing of its work. ENGINEER shall not be responsible for the acts or omissions of any construction contractor. 7.1.2. ENGINEER neither guarantees the performance of any construction contractor nor assumes responsibility for any construction contractor's failure to furnish and perform the Work in accordance with the Construction Contract Documents. 7.1.3. ENGINEER shall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by ENGINEER or its Consultants. 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 DECEMBER 7, 2020 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 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 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, reasonable attorney fees, or other expenses of whatever nature, but only to the extent 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. 10.2. AUTHORITY shall require construction contractor(s) to name AUTHORITY and ENGINEER as additional insureds on the contractors general liability insurance policy. DECEMBER 7. 2020 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. 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 sole risk and without liability or legal exposure to ENGINEER or to its officers, directors, members, partners, agents, employees, and consultants. 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. DECEMBER 7, 2020 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: CP &Y, Inc. 20 E. 5w St Tulsa, OK 74033 Attention: Michael F. Graves, PE To AUTHORITY: OWASSO PUBLIC WORKS AUTHORITY 301 W 2nd Avenue Owasso, Oklahoma 74055 Attention: Roger Stevens, Public Works Director 15.1. 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 DECEMBER 7. 2020 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 parties will attempt to settle the matter between themselves. If no agreement can be reached within 45 days, the parties agree to use mediation with a mutually agreed upon mediator before resorting to a judicial forum. The cost of a third party mediator will be shared equally by the parties. In the event of litigation, the prevailing party will be entitled to reimbursement of all reasonable costs and attorney's fees. 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 City of Owasso, and any plans or specifications not 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 periodically thereafter and will be available for public meetings and AUTHORITY presentations. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Michael F. Graves, PE 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. DECEMBER 7, 2020 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 Chair of the Authority. APPROVED: ENGINEER John Min Vice Presi nt 42`+1 f 1-A',-' LO OWASSO PUBLIC WORKS AUTHORITY Authoriy Clerk, Juliann M. Stevens Chair, Bill Bush Date APPROVED AS TO FORM: Authority Attorney, Julie Lombardi DECEMBER 7, 2020 Attachment A — Scope of Project AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY, OWASSO, OK WASTEWATER TREATMENT PLANT AND MAIN PLANT LIFT STATION EXPANSION PROJECT CONSTRUCTION PHASE ENGINEERING SERVICES SCOPE OF PROJECT ATTACHMENT A Project Description This project includes providing engineering services during construction for the Owasso Wastewater Treatment Plant and Main Lift Station Expansion Project. 12/1/2020 Attachment B — Services to be Performed by Engineer ATTACHMENT B SERVICES TO BE PERFORMED BY ENGINEER CITY OF OWASSO PROJEC WASTEWATER TREATMENT PLANT AND MAIN PLANT LIFT STATION EXPANSION PROJECT CONSTRUCTION PHASE ENGINEERING SERVICES Scope of Services CP &Y, Inc. (Engineer) was requested to include the following Task 10 Construction Phase Services as an extension to the Owasso Wastewater Treatment Plant and Main Lift Station Expansion Project by the City of Owasso (City). The additional task includes construction phase services for installation of facilities included in the bidding documents. The detailed scope associated with each phase is described below: Task 10 — Construction Phase Services 10.1 Basic Construction Phases Services. Engineer will provide the following basic services during construction. 1. Submittal Reviews: Engineer will review a maximum of 150 submittals from the construction contractor for work performed as part of the construction contract. 2. Requests for Information: Engineer will assist with design questions through the construction phase. Engineer will review and respond to a maximum of 60 RFIs 3. Host a BIM360 site to electronically manage the submittals, RFIs, pay applications, drawings, and specifications. 4. Change Orders: Review change order requests by the construction contractor 5. Assist with Pre -Work Conferences with City and the construction contractor 6. Engineer will visit the site two (2) times for punchlist walk - throughs at substantial and final completion. 7. Attend a maximum of twenty -four (24) monthly construction progress meetings. 8. Attend a maximum of twenty -four (24) additional coordination meetings. 9. Assist operations staff with a maximum of 40 -hours of startup assistance. 10. Provide basic services for a maximum twenty -two (22) month construction schedule to substantial completion and two (2) month from substantial completion to final completion. If construction phase services are required for greater than twenty -four (24) month duration through no fault of Engineer, Engineer will be entitled to additional compensation. 11. This Work does not include Construction Phase Services needed to comply with State Revolving Fund (SRF) requirements. 12. Review Contractor's Pay Applications for general conformance. 12/1/2020 Attachment C — City's Responsibilities ATTACHMENT C CITY'S RESPONSIBILITIES CITY OF OWASSO PROJECT WASTEWATER TREATMENT PLANT AND MAIN PLANT LIFT STATION EXPANSION PROJECT CONSTRUCTION PHASE ENGINEERING SERVICES Description of City's Responsibilities The City is responsible for the following tasks. 1. Providing resident construction observation 2. Reviewing and approving all pay applications 3. Material testing cost and scheduling 12/1/2020 Attachment D — Compensation ATTACHMENT D COMPENSATION CITY OF OWASSO PROJECT WASTEWATER TREATMENT PLANT AND MAIN PLANT LIFT STATION EXPANSION PROJECT CONSTRUCTION PHASE ENGINEERING SERVICES Compensation CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE BREAKDOWN. Payment of claims for incremental work completed on each task may be submitted. Invoices for the amount and value of the work and services performed by the Engineer shall be submitted monthly to the City. The City agrees to pay the Engineer, as compensation for such engineering services as listed herein. The invoices shall be prepared and submitted by the Engineer and be accompanied by all supporting data required by the City. The City agrees to pay an amount not to exceed of $513,732 for Engineer services stipulated in this agreement. 12/1/2020 Attachment E — Fee/Hour Breakdown ATTACHMENT E FEE BREAKDOWN CITY OF OWASSO PROJECT WASTEWATER TREATMENT PLANT AND MAIN PLANT LIFT STATION EXPANSION PROJECT CONSTRUCTION PHASE ENGINEERING SERVICES Fee Breakdown Task No. Task Description Engineering Fee Lump Sum H Construction Phase Services $513,732 12/1/2020 Attachment F — Schedule ATTACHMENT F SCHEDULE CITY OF OWASSO PROJECT WASTEWATER TREATMENT PLANT AND MAIN PLANT LIFT STATION EXPANSION PROJECT Schedule Engineer will provide the services in Attachment B in general accordance with the following schedule. Construction Phase Services Duration 1 730 days after Award to the Contractor 12/1/2020 FEE PROPOSAL Owasso Wastewater Treatment Plant Improvements ne.emM1n� 1 9nfn Engineering Services POSITON Taakl Billin R.N. Ptlnd al OA/OC Pro M r Projed Engineer Engineering Interns Elecbicel Engineer 81mc1uml Engineer CAD Atlrrvn. LABOR Hours Cost EXPENSES Total 5 245 E 220 3 190 5 190 E 114 $ 210 S 185 5 40 E 90 Printing Mileage OlAer Sco e02 aMCes TasklOCensnuclion PM1esa Services 5 51I,}J2 10.1.1 SubmMal Rev1e 15DsubMOelsestimaletl 40 ISO 300 Goo 160 160 300 1}10 S 25]220 10.1.2 Re nests brinlorma8on 60 RFls estlnatetl 10.1.3 BIM36D BUILD bestir 40 60 180 240 60 60 120 100 920 S t]I 580 ,220 ,580 500 10.1.4 CFen a ONers 8 12 38 24 12 12 i6 120 S 19 860 10.1.6 Pro-Wet B 8 8 8 32 S 46]2 ,860 W.lMerancea 10.1.6 Punetru WtlMhrou M15 18 24 12 24 24 16 116 5 19688 211211,M ,6II 088 10.1.]8 ConsWC4on Meeli s IB meatln 5 144 48 48 60 60 26 ]84 3 6]812 N2 Total HOUn 0 88 ]80 396 9]2 318 316 120 524 3282 Tte Caet Be 520,054 ]4,100 51ll210 5106,240 568,]80 ,4 14,400 59 ,160 00,0]2 E ] )1$ Pop 1 lanrzrm OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 12/05120 Department Payroll Expenses Total Expenses 400 OPWA Administration 18,795.36 27,825.42 405 Utility Billing 6,901.98 12,005.67 420 Water 17,025.87 27,859.12 450 Wastewater 11,564.57 19,404.67 455 Wastewater Collection 12,558.48 21,526.45 480 Refuse 15,376.56 25,341.00 485 Recycle Center 2,344.00 4,729.80 FUND TOTAL 84,566.82 138,692.13 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY - OPERATING FUND FISCAL YEAR 2020.2021 Budgetary Basis Statement of Revenues & Expenses As of November 30, 2020 OPERATING REVENUES: Water Wastewater Refuse & recycle Other Utility fees TOTAL OPERATING REVENUES MONTH YEAR TO -DATE TO -DATE BUDGET $ 590,110 $ 3,574,785 $ 6,596,392 424,578 2,250,185 5,208,252 215,145 1,072,799 2,436,961 19,147 98,819 280,600 $ 1,248,980 $ 6,996,588 $ 14,522,205 PERCENT OF BUDGET 54.19% 43.20% 44.02% 35.22% 48.18% OPERATING EXPENSES: OPWA administration $ (87,473) $ (552,463) $ (1,148,594) 48.10% Utility Billing (39,696) (195,114) (524,537) 37.20% Water (345,897) (1,794,524) (4,393,979) 40.84% Wastewater (371,477) (1,211,765) (3,025,922) 40.05% Refuse & Recycle (408,237) (843,329) (1,956,329) 43.11% Debt payments (203,967) (1,068,892) (2,705,000) 39.52% TOTAL OPERATING EXPENSES $ (1,456,746) $ (5,666,086) $ (13,754,361) 41.19% OPERATING REVENUES OVER /(UNDER) EXPENDITURES $ (207,766) $ 1,330,502 $ 767,844 NONOPERATING REVENUES (EXPENSES): Interest $ 2,961 $ 12,097 $ 28,830 41.96% Other revenues /(expenses) 1,932 10,236 20,326 50.36% Transfers in - - - 0.00% Transfers out - - (326,201) 0.00% TOTAL NONOPERATING REVENUES (EXPENSES) $ 4,893 $ 22,333 $ (277,045) LONG -TERM DEBT PROCEEDS AND EXPENDITURES: Proceeds of long -term debt $ 469,563 $ 1,921,887 $ 34,376,052 Expenditures of long -term debt (432,113) (1,265,766) (35,643,861) TOTAL LONG -TERM DEBT PROCEEDS AND EXPENDITURES $ 37,450 $ 656,121 $ (1,267,809) NET INCOME (LOSS) $ (165,423) $ 2,008,956 $ (777,010) ENCUMBRANCES OUTSTANDING $ (609,411) FUND BALANCE (Budgetary Basis) Beginning Balance 4,115,140 4,115,140 Ending Balance $ 5,514,685 $ 3,338,130