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Home My WebLink About2021.02.16_Joint Meeting Agenda_OPWA_OPGA_AddendumPUBLIC NOTICE OF AN ADDENDUM TO THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY RFcFjV�Q AND OWASSO PUBLIC GOLF AUTHORITY FEB 15 ) ' City C /erk,s O r; The Owasso Public Works Authority and Owasso Public Golf Authority will meet in regular ses on� on Tuesday, February 16, 2021, at 6:30 pm at Old Central, 109 N Birch, Owasso, Oklahoma. Notice of addendum filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 5:00 pm on Monday February 16, 2021. ADDENDUM The following is submitted as an addendum to the agendas filed on Friday, February 12, 2021. Pursuant to the extension of temporary emergency provisions relating to the Oklahoma Open Meeting Act, the following procedural changes will apply for this meeting: • Trustee members participating remotely via Teleconferencing [Title 25, Ok. Stat. 307.1(C) (2)] - Chair Bill Bush, Vice Chair Kelly Lewis, Trustee Chris Kelley, Trustee Doug Bonebrake, and Trustee Lyndell Dunn. • The meeting will be available for viewing through YouTube Live Stream. httips://www.youtube.com/channel/UCxioXATOr7VRKOvo-Rdf2dl Q /live • The meeting will be audio recorded and available no later than the close of business on the following day at https: / /cityofowasso.com /525 /Meeting -Audio • There will be no opportunity for citizen comment during this meeting. To address members of the Authority, regarding any item listed on the agenda, Citizens may submit questions /comments to the City Clerk, no later than 5 :00pm on Tuesday, February 16, 2021, in order to be read into the record. Submit by phone 918 - 376 -1502 or by email to istevens @citvofowasso.com. Stevens, City The City of Owasso encourages citizen participation. To requesvn 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 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY (OPWA) Council Chambers Old Central Building 109 North Birch, Owasso, OK TUESDAY, February 16, 2021 - 6:30 PM AGENDA RECEIVED 1. Call to Order Char Bill Bush FEB 12 2021 2. Roll Call City Clerk's Office 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 -February 2, 2021, and February 9, 2021, 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 the bids received for the 2020 Owasso Market Sewer Improvement - Rebid Project Daniel Dearing Staff recommends awarding the construction contract to Jerry's Excavation, Inc., of Hulbert, Oklahoma, in the amount of $860,300.00, and authorization to execute the necessary documents. 6. Report from OPWA Manager 7. Report from OPWA Attorney 8. Official Notices (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date January 30, 2021 • Monthly Budget Status Report - January 2021 9. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 10. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 11, 2020, and the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, February 12, 2021. nn M. Stevens, 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@citvofowosso.com OWASSO PUBLIC WORKS AUTHORITY (OPWA) MINUTES OF REGULAR MEETING Tuesday, February 2, 2021 The Owasso Public Works Authority (OPWA) met in regular session on Tuesday, February 2, 2021, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 11, 2020; 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, January 29, 2021. 1. Call to Order Chair Bill Bush called the meeting to order at 7:37 pm. 2. Roll Cali Present Absent Chair - Bill Bush None Vice Chair - Kelly Lewis Trustee - Chris Kelley Trustee - Doug Bonebrake 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 -January 19, 2021, Regular Meeting B. Approve claims Mr. Kelley moved, seconded by Mr. Dunn to approve the Consent Agenda, as presented with claims totaling $764,086.46. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 4. Consideration and appropriate action relating to items removed from the Consent Agenda None 5. Report from OPWA Manager None 6. Report from OPWA Attorney None 7. Official Notices (documents for acknowledgment or information only, no discussion or action will be taken) The Chair acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date January 16, 2021 8. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None Owasso Public Works Authority February 2, 2021 Page 2 9. Adjournment Mr. Dunn moved, seconded by Ms. Lewis to adjourn the meeting. YEA: Bonebroke, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:38 pm. Bill Bush, Chair Juliann M. Stevens, Authority Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING Tuesday, February 9, 2021 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, February 9, 2021, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 11, 2020; 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 Thursday, February 4, 2021. 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 Community Development items A. Community Development Block Grant (CDBG) Program Contract for Public Improvements with the Board of County Commissioners of Tulsa County for the Hale Acres Sanitary Sewer Line Rehabilitation B. Request for a Specific Use Permit (SUP 20 -04) - 1.54 acres located south of 11422 North 134th East Avenue (Criterion Multi -Use Commercial /Office Building) C. Request for a Specific Use Permit (SUP 21 -01) - 14.91 acres located at the northwest corner of East 761h Street North and North Memorial Drive (Trinity Presbyterian Church) D. Request for a Specific Use Permit (SUP 21 -02) - 11.48 acres located northeast of the intersection of US Highway169 and East 1 16th Street North (Warren Clinic) Karl Fritschen presented items A and D and discussion was held. Alexa Beemer presented items B and C and discussion was held. it was further explained that items A through D would be placed on the February 16, 2021, City Council agenda for consideration and action. 3. Discussion relating to a proposed amendment to the Metropolitan Environmental Trust Indenture, of which the City of Owasso is a beneficiary, to include the City of Wagoner as an additional beneficiary Travis Blundell presented the item and discussion was held. it was further explained this item would be placed on the February 16, 2021, City Council consent agenda for consideration and action. 4. Discussion relating to the release of a personnel investigative report with all attachments, drafted in 2012 by Guy Fortney, Attorney, and requested by Christopher Camp, Attorney for Carol Ross Julie Lombardi presented the item and discussion was held. 5. Discussion relating to City Manager items A. Monthly sales tax report B. City Manager report Warren Lehr introduced Linda Jones to present item A and discussion was held. Mr. Lehr reported on city staff efforts during the winter weather event. 6. City Councilor/Trustee comments and Inquiries Mayor Bush commented on the winter weather event. Owasso City Council, OPWA & OPGA February 9, 2021 Page 2 7. Adjournment The meeting adjourned at 6:35 pm. Bill Bush, Mayor /Chair Juliann M. Stevens, City Clerk Fund Claims List - 2/16/2021 Vendor Name 61 OPWA KELLOGG ENGINEERING, INC COFFEE CREEK LIFT STATION -Total AMERICAN MUNICIPAL SERVICES LTD Payable Description Payment Amount DESIGN SERVICES - COFFEE $3,855.75 $3,855.75 COLLECTION SERVICES $287.14 OPWA -Total $287.14 AT &T CONSOLIDATED PHONE $13.50 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - JAN, $59.94 CITY GARAGE LABOR/OVERHEAD - FEB, 202 $165.33 JPMORGAN CHASE BANK SAMS -MEMB FEE $45.00 JPMORGAN CHASE BANK WALMART- SUPPLIES $54.78 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $746.30 UNIFIRST HOLDINGS LP UNIFORM SERVICE $62.96 OPWA ADMINISTRATION -Total $1,147.81 SWCA INCORPORATED ENVIRONMENTAL SERVICES $496.21 CITY GARAGE AG $5,524.17 RANCH CRK INTCPT UPGRADE -Total VEH PARTS PURCHASED -JAN $496.21 AT &T CONSOLIDATED PHONE $13.50 CITY GARAGE LABOR/OVERHEAD - FEB, 202 $410.17 JPMORGAN CHASE BANK CRANE CARRIER -PARTS $2,810.36 JPMORGAN CHASE BANK OREILLY -PARTS $82.99 JPMORGAN CHASE BANK ROBINSON- REPAIR $293.00 JPMORGAN CHASE BANK UNITED ENGINES -PARTS $973.77 JPMORGAN CHASE BANK WASTE MGMT -REC TIP FE $2,736.87 UNIFIRST HOLDINGS LP UNIFORM SERVICE $36.70 RECYCLE CENTER -Total $7,357.36 BRIAN A CASEMENT RECYCLE CENTER EXPANSION $19,825.00 RECYCLE CENTER EXPANSION -Total $19,825.00 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED -JAN, $2,128.58 CITY GARAGE LABORIOVERHEAD - FEB, 202 $5,524.17 CITY GARAGE VEH PARTS PURCHASED -JAN $199.97 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $2,571.54 JPMORGAN CHASE BANK ACC FIRE EQUIP- REPAIR $32.15 JPMORGAN CHASE BANK BUMP28UMP- PULLER $14.49 JPMORGAN CHASE BANK BUMP28UMP -TOOLS $17.42 JPMORGAN CHASE BANK CORNERSTONE -BOLTS $5.10 JPMORGAN CHASE BANK COVANTA -TIP FEE $10,454.96 JPMORGAN CHASE BANK FROST OIL -PARTS $111.05 JPMORGAN CHASE BANK OREILLY -PARTS $311.00 JPMORGAN CHASE BANK ROBINSON- WINDSHIELD $293.00 JPMORGAN CHASE BANK SEMI TRUCK -MAINT SERV $260.00 JPMORGAN CHASE BANK USCELLULAR -PHONE CHAR $24.99 JPMORGAN CHASE BANK WASTE MGMT -REF TIP FE $2,736.87 Fund 61 OPWA Claims List - 2/16/2021 Vendor Name Payable Description Payment Amount TREASURER PETTY CASH VEHICLE TAG $44.50 UNIFIRST HOLDINGS LP UNIFORM SERVICE $121.76 REFUSE COLLECTIONS -Total $24,851.55 TECHNICAL PROGRAMMING SERVICES BILLING SERVICES $4,478.03 INC UTILITY BILLING -Total $4,478.03 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED -JAN, $144.02 CITY GARAGE LABOR/OVERHEAD - FEB, 202 $1,378.50 CITY GARAGE VEH PARTS PURCHASED - JAN $221.23 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $413.41 JPMORGAN CHASE BANK AMAZON- REFUND ($264.90) JPMORGAN CHASE BANK AMAZON -TOOLS $524.59 JPMORGAN CHASE BANK LOWES -TOOLS $365.88 JPMORGAN CHASE BANK TIMMONS -FUEL $435.29 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $186.04 TREASURER PETTY CASH VEHICLE TAG $44.60 UNIFIRST HOLDINGS LP UNIFORM SERVICE $105.68 VERDIGRIS VALLEY ELECTRIC COOP COFFEE CREEK ELECTRIC $756.74 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECTRI $189.96 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WASTEWATER COLLECTIONS -Total $4,581.06 AT &T CONSOLIDATED PHONE $40.50 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED -JAN, $8.19 CITY GARAGE LABORIOVERHEAD - FEB, 202 $1,064.42 CITY GARAGE VEH PARTS PURCHASED - JAN $126.68 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - JAN, 2 $412.01 JPMORGAN CHASE BANK AMAZON- FILTERS $25.99 JPMORGAN CHASE BANK AMAZON -TOOLS $289.09 JPMORGAN CHASE BANK ATWOODS- GLOVES $7.99 JPMORGAN CHASE BANK FORT BEND -DRUMS $1,485.00 JPMORGAN CHASE BANK FORT BEND -TOTE $3,795.00 JPMORGAN CHASE BANK GRAINGER -WATER $64.96 JPMORGAN CHASE BANK GREEN CO- TESTING $280.00 JPMORGAN CHASE BANK HACH- REAGENT $89.58 JPMORGAN CHASE BANK KOMLINE -PARTS $1,699.01 JPMORGAN CHASE BANK WALMART -WATER $9.52 JPMORGAN CHASE BANK WASTE MGMT - SLUDGE REM $8,630.84 UNIFIRST HOLDINGS LP UNIFORM SERVICE $120.76 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WASTEWATER TREATMENT -Total $18,229.58 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - JAN, $43.51 E Fund Claims List - 2/16/2021 Vendor Name 61 OPWA CITY GARAGE CITY GARAGE CITY OF TULSA UTILITIES FLEETCOR TECHNOLOGIES JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK UNIFIRST HOLDINGS LP VERDIGRIS VALLEY ELECTRIC COOP Payable Description Payment Amount LABORIOVERHEAD - FEB, 202 $2,718.17 VEH PARTS PURCHASED -JAN $111.57 WATER $208,902.25 FUELMAN EXPENSES - JAN, 2 $1,128.58 AMERIFLEX -PARTS $106.15 COREBMAIN- SUPPLIES $7,235.87 CORNERSTONE -KEYS $10.60 LOWES - BATTERIES $199.00 OREILLY- SUPPLIES $4.99 RED WING -BOOTS $170.00 TIMMONS -FUEL $435.30 TRACTOR SPLY -BOOTS $134.99 UNIFORM SERVICE $153.18 WATER CONTROL ELECTRI $30.60 WATER -Total $221,384.76 OPWA -Total $306,494.25 OPWA Grand Total $306,494.25 3 sd NF F o • ML C.=1•XEALCeTmYplly TO: The Honorable Chair and Trustees Owasso Public Works Department (OPWA) FROM: Daniel Dearing, P.E., CFM Sr. Civil Engineer SUBJECT: Recommendation for Contract Award 2020 Owasso Market Sewer Improvements - Rebid DATE: February 12, 2021 BACKGROUND: An 8" sanitary sewer trunk line from the Garnett Regional Detention Pond area located southwest of East 96th Street North and Garnett to the southwest portion of Owasso Market has limited capacity and regularly surcharges within the system at peak flow periods. The surcharging occurs due to sections of pipe being below minimum required slope from faulty installation. This has limited the capacity to below what a standard 8" line should handle and has caused solid settlement in the lines which reduces line capacity further and requires Public Works staff to perform regular maintenance and cleaning of the line. The majority of the existing 8" sewer line was installed to serve Oklahoma Natural Gas's (ONG) former office and facility that sat on the south side of East 96th Street North and functioned initially with little known problems. Capacity problems were not manifested until additional developments extended the system and began increasing the load on the sewer line. The sewer line crosses the open field that remains known as "Hayward and Betty Smith's Farm ", on the southeast corner of East 96th Street North and Garnett Road. In addition to the current surcharging, there is adjacent and upstream property to the sewer line that remains undeveloped and will increase the sanitary sewer flows in the near future. Since 2013, Public Works staff has been monitoring the sewer load on the system with each development, and planned to increase capacity on that line in the FY 2020 budget. In the winter of 2019, City Engineering staff began in -house survey and design of the project. Staff completed the design in February 2020, with an engineering estimate of $832,875.00 for the project, and received the Oklahoma Department of Environmental Quality (ODEQ) permit to construct in March 2020. City staff completed the preparation of project specifications and bidding documents and proceeded with project advertisement in May 2020. In May 2020, City Engineering staff advertised the project for the first time and opened bids on June 18, 2020, with only three (3) bids submitted and the lowest bid being $1,004,360.00, exceeding the engineering estimate. Bids were rejected at the July 3, 2020, City Council meeting. Staff interviewed multiple contracting firms and found that most contractors had too many contracts to fulfill, and could not take on any further work at the time of our bidding. Based on the discussions, the majority of contractors would be available to bid the project by the end of 2020. Staff also reevaluated industry pricing and found that bid prices during the ongoing pandemic were volatile. Staff proceeded with a more conservative approach to project estimate, and planned a rebid schedule at the end of the year in order to get more available bidders. Staff used this delay in time to procure an environmental permit from the U.S. Army Corps of Engineers to get permission to work around creeks in a manner that would reduce costs. 2020 Owasso Market Sewer Contract Award Page 2 SCOPE OF WORK: The project will provide a new 12" sanitary sewer trunk line to handle all current and anticipated future sewer flows. A portion of the new 12" trunk line will take a different route from the existing line on vacant property, which will allow the City to leave a section of the existing 8" line that will function as an available line for future development. Problematic areas on the 8" line will be replaced or abandoned with the remaining portions of the new line being installed. Replacing the existing line in a separate alignment for a portion of the project allows the City to have two (2) available sewer lines for additional capacity and future development, thus providing the City the better system improvement, than replacing the 8" line in place. SOLICITATION OF BIDS: In December 2020, City Engineering staff completed revised bid documents and plans and published advertisements in accordance with state statutes. A mandatory pre -bid meeting was held on January 5, 2021, and bids were opened on January 14, 2021, with seven (7) contractors submitting bids, four (4) of which being below engineering's estimate. BIDDER BID Jerry's Excavation $860,300.00 Stronghand $931,266.76 Paragon $1,171,580.00 Timberwolf $1,265,815.00 Circle B Underground $1,307,840.91 McGuire Brothers $1,630,000.00 Triangle $1,949,450.00 Engineer's Estimate $1,296,460.00 City Engineering staff completed a bid tabulation and Jerry's Excavation, Inc. was determined to be the lowest qualified bidder. The bid amount provided by Jerry's Excavation, Inc. is $860,300.00. FUNDING: Funding for the project is available in the FY 2020 -2021 Wastewater Collections Division Budget. RECOMMENDATION: Staff recommends awarding the construction contract to Jerry's Excavation, Inc., of Hulbert, Oklahoma, in the amount of $860,300.00 and authorization to execute the necessary documents. ATTACHMENTS: Agreement Site Map SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the 16 "d day of February, 2021, by and between The Owasso Public Works Authority, Owasso, Oklahoma (hereinafter called OWNER) and Jerry's Excavation, Inc (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: 2020 OWASSO MARKET SEWER IMPROVEMENTS - REBID OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: Sanitary sewer replacement of 3, 000 LF of existing line. New line is parallel approximately for 600' and the rest is in a new alignment. The majorily of the new alignment is at the edge of an open field adjacent to Garnett and 96 °i Street within a newly filed utility easement acquired for this project. 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 -ten (210) calendar days from the date of Notice to Proceed. The date of final completion will, therefore, be on or before , AGREEMENT 1220 00300 —Page 1 of 15 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 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 ($1000.00) 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 95% 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 97.5% 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. AGREEMENT 1220 00300 — Page 2 of 15 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. 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. Contactor 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 Contactor, and safety precautions and programs incident thereto. Contactor 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 Contact Tunes 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 Contact price, within the Contract Time and in accordance with the other terms and conditions of the Contact 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 AGREEMENT 1220 00300 —Page 3 of 15 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. 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 l 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 00110). 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). AGREEMENT 1220 00300 —Page 4 of 15 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 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 1 to 12, 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 Linder 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 AGREEMENT 1220 00300 — Page 5 of 15 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. 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 February 16nd, 2021. OWNER: By Chair, Bill Bush (SEAL) ATTEST Authority Clerk, Juliann M. Stevens Address for giving notices: Owasso Public Works Authority PO Box 180 Owasso, OK 74055 0 (SEAL) Title 1220 00300 —Page 6 of 15 H H W Z a PROJECT LOCATION 2020 OWASSO MARKET SEWER IMPROVEMENTS - NEW 12" LINE - 8" LINE TO REMAIN - 811 LINE TO BE REPLACED - EXISTING LINES 6rz6M I<I t'kI Nl N -I AN .\( ;1 I II<\ I "I.:\ JI) 11:L11. SI N% Nils \NIY Ilk KI 1'1lI SI_N 111111N HY I Ilti iA LA I• IS lVlll 11111 -1 1 O1' I I1 nCC -t II2 -ACY_ GJ �P CITY OF OWASSO 200 S. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 01/30/21 Department 400 OPWA Administration 405 Utility Billing 420 Water 450 Wastewater 455 Wastewater Collection 480 Refuse 485 Recycle Center Payroll Expenses 18,664.94 6,869.60 15,755.51 14,299.63 13,531.25 13,544.53 2,379.20 Total Expenses 27,893.58 12,052.92 26,565.12 23,617.05 22,881.61 23,257.39 4,785.25 FUND TOTAL 85,044.66 141,052.92 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY - OPERATING FUND FISCAL YEAR 2020 -2021 Budgetary Basis Statement of Revenues & Expenses As of January 31, 2021 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET OPERATING REVENUES: Water $ 482,385 $ 4,597,753 $ 6,596,392 69.70% Wastewater 431,330 3,135,123 5,208,252 60.207 Refuse & recycle 192,624 1,469,037 2,436,961 60.28% Other Utility fees 17,925 129,847 280,600 46.277. TOTAL OPERATING REVENUES $ 1,124,263 $ 9,331,761 $ 14,522,205 64.26% OPERATING EXPENSES: OPWA administration $ (84,474) $ (722,160) $ (1,148,594) 62.87% Utility Billing (31,959) (260,607) (524,537) 49.68% Water (288,813) (2,385,457) (4,393,979) 54.29% Wastewater (170,242) (1,571,470) (3,025,922) 51.93% Refuse & Recycle (155,069) (1,111,773) (1,956,329) 56,83% Debt payments (252,156) (1,525,015) (2,705,000) 56.387. TOTAL OPERATING EXPENSES $ (982,714) $ (7,576,481) $ (13,754,361) 55.08% OPERATING REVENUES OVER /(UNDER) EXPENDITURES $ 141,550 $ 1,755,279 $ 767,844 NONOPERATING REVENUES (EXPENSES): Interest $ 1,693 $ 15,738 $ 28,830 54.59% Other revenues /(expenses) 2,022 14,777 20,326 72.707 Transfers in - _ - 0.00% Transfers out - - (326,201) 0,00% TOTAL NONOPERATING REVENUES (EXPENSES) $ 3,715 $ 30,515 $ (277,045) LONG -TERM DEBT PROCEEDS AND EXPENDITURES: Proceeds of long -term debt $ 739,086 $ 2,677,783 $ 34,376,052 Expenditures of long -term debt (697,894) (2,009,377) (35,643,861) TOTAL LONG -TERM DEBT PROCEEDS AND EXPENDITURES $ 41,192 $ 668,407 $ (1,267,809) NET INCOME (LOSS) $ 186,457 $ 2,454,201 $ (777,010) ENCUMBRANCES OUTSTANDING $ (23,850,104) BOND PROCEEDS RECEIVABLE $ 22,381,493 FUND BALANCE (Budgetary Basis) Beginning Balance 4,115,140 4,115,140 Ending Balance $ 5,100,729 $ 3,338,130