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Home My WebLink About2021.03.02_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY (OPWA) Council Chambers, Old Central Building 109 North Birch, Owasso, OK TUESDAY, March 2, 2021 - 6:30 PM AGENDA 1. Call to Order Chair Bill Bush 2. Invocation Pastor Jonathan Cook of Destiny Life Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Decisiveness Dr. Amy Fichtner, Character Council Member RECEIVED FEB 2 6 2021 �S City Clerk's Office 6. 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 16, 2021, Regular Meeting B. Approve claims 7. Consideration and appropriate action relating to items removed from the Consent Agenda B. Consideration and appropriate action relating to an engineering services agreement for the design of the sanitary sewer 1171h Street Force Main Daniel Dearing Staff recommends approval of the Agreement for Engineering Services for the 117th Street Force Main Design with Kellogg Engineering, Inc. of Talala, Oklahoma, in the amount of $149,270.00 and authorization to execute the necessary documents. 9. Consideration and appropriate action relating to an amendment to the construction contract between Crossland Heavy Contractors Inc. and the OPWA for the Wastewater Treatment Plant and Main Plant Liff Station Expansion Project Roger Stevens Staff recommends amending the construction contract by adding the City of Owasso as a third party and authorization to execute the necessary documents. 10. Report from OPWA Manager 11. Report from OPWA Attorney 12. Official Notices (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date February 13, 2021 OPWA March 2, 2021 Page 2 13. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 14. 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 226, 2021. C�A UJA � � A by vY ) J h nn M. Stevens, Ci y Clerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens @citvofowasso.com OWASSO PUBLIC WORKS AUTHORITY (OPWA) MINUTES OF REGULAR MEETING Tuesday, February 16, 2021 The Owasso Public Works Authority (OPWA) met in regular session on Tuesday, February 16, 2021, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday December 11, 2020; 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, February 12, 2021; and, the notice of Addendum filed in the office of the City Clerk and posted at said City Hall, at 5:00 pm on Monday, February 15, 2021. As a result of the extension of temporary emergency provisions relating to the Oklahoma Open Meeting Act, some members of the City Council attended the meeting Via Teleconferencing and this meeting was available for public viewing through YouTube Live Stream [Title 25, Ok. Stat. 307.1(C) (2) ]. 1. Call to Order Chair Bill Bush called the meeting to order at 7:07 pm. 2. Roll Call Present Absent Chair- Bill Bush None Vice Chair- Kelly Lewis via teleconference Trustee -Chris Kelley via teleconference Trustee- Doug Bonebrake via teleconference Trustee - Lyndell Dunn via teleconference 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. (Ail 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- February 2, 2021, and February 9, 2021, Regular Meetings B. Approve claims Mr. Dunn moved, seconded by Ms. Lewis to approve the Consent Agenda, as presented with claims totaling $306,494.25. 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. Consideration and appropriate action relating to the bids received for the 2020 Owasso Market Sewer Improvement - Rebid Project Daniel Dearing presented the item, recommending to award the construction contract to Jerry's Excavation, Inc., of Hulbert, Oklahoma, in the amount of $860,300.00, and authorize execution of the necessary documents. Owasso Public Works Authority February 16, 2021 Page 2 There were no citizen comments submitted to the City Clerk. After discussion, Mr. Bonebrake moved, seconded by Mr. Kelley to award the contract and authorize execution of the documents, as recommended. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 6. Report from OPWA Manager None Report from OPWA Attorney None 8. 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 30, 2021 • Monthly Budget Status Report - January 2021 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. Dunn moved, seconded by Ms. Lewis to adjourn the meeting. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:17 pm. Bill Bush, Chair Juliann M. Stevens, Authority Clerk Fund 61 OPWA Claims List - 312/2021 Vendor Name Payable Description Payment Amount AEP /PSO ELECTRIC USE $1,510.50 CINTAS CORPORATION FIRST AID SUPPLIES $50.61 CITY OF OWASSO ADMIN OVERHEAD $25,000.00 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $46.16 JPMORGAN CHASE BANK AMAZON- SUPPLIES $7.35 JPMORGAN CHASE BANK DORMAKABA- REPAIR $666.25 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $27.40 JPMORGAN CHASE BANK LOCKE -BULBS $16.80 JPMORGAN CHASE BANK LOCKE- REPAIR $10.82 JPMORGAN CHASE BANK LODGING EXPENSE $1,538.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $261.32 JPMORGAN CHASE BANK SAMS- SUPPLIES $199.22 JPMORGAN CHASE BANK SUNDANCE - SUPPLIES $121.45 JPMORGAN CHASE BANK TRAVEL EXPENSE $153.90 STANDLEY SYSTEMS LLC COPIER MAINTENANCE $316.15 AGREEM TERMINIX PEST CONTROL $105.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE $92.41 UNITED STATES CELLULAR PW CELL PHONE $57.39 CORPORATION OPWA ADMINISTRATION •Total $30,180.73 BANCFIRST 800469017109B $55,960.39 BANCFIRST 800470015/090 $23,361.35 BANCFIRST 800471013 /SANTA FE $14,375.72 BANCFIRST 800472011 /RANCH CREEK $25,377.32 BANCFIRST 800780017/190 $84,891.82 OPWA DEBT SERVICE -Total $203,966.60 GREELEY & HANSEN LLC LBX 619776 ENGINEERING SERVICES - RA $8,686.32 RANCH CRK INTCPT UPGRADE -Total $8,686.32 AEP IPSO ELECTRIC USE $176.47 CINTAS CORPORATION FIRST AID SUPPLIES $54.01 JPMORGAN CHASE BANK ACADEMY -BOOTS $79.99 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $30.72 JPMORGAN CHASE BANK BUMP26UMP -PARTS $191.32 JPMORGAN CHASE BANK FLEETPRIDE - GLOVES $257.72 JPMORGAN CHASE BANK FLEETPRIDE -PARTS $31.21 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $89.70 JPMORGAN CHASE BANK IBT- SUPPLIES $426.53 JPMORGAN CHASE BANK KIMS -HOSES $504.91 JPMORGAN CHASE BANK MHC- REPAIR $785.00 JPMORGAN CHASE BANK NAT'L EVO -E -WASTE $688.63 JPMORGAN CHASE BANK OREILLY -PARTS $154.99 1 Claims List - 3/2/2021 Fund Vendor Name Payable Description Payment Amount 61 OPWA JPMORGAN CHASE BANK OREILLY -SEAT COVERS $275.00 JPMORGAN CHASE BANK PTG OF TULSA -PARTS $322.26 JPMORGAN CHASE BANK PTG OF TULSA- REFUND ($68.20) JPMORGAN CHASE BANK PTG -PARTS $1,180.56 JPMORGAN CHASE BANK SEMI TRUCK -WASH $390.00 JPMORGAN CHASE BANK STEVE'S WHLSE -DRAIN T $62.94 JPMORGAN CHASE BANK STEVES WHLSE -PARTS $4.39 JPMORGAN CHASE BANK STEVES WHLSE -TOOLS $48.02 JPMORGAN CHASE BANK TERMINIX -PEST CONTROL $78.00 JPMORGAN CHASE BANK UNITED ENGINES -PARTS $3,244.27 JPMORGAN CHASE BANK WELSCO -TOOLS $104.75 UNIFIRST HOLDINGS LP UNIFORM SERVICE $36.70 RECYCLE CENTER -Total LOWES- SUPPLIES $9,149.89 CINTAS CORPORATION FIRST AID SUPPLIES $70.51 JPMORGAN CHASE BANK BLUEMARK -FUEL $30.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $20.98 UNIFIRST HOLDINGS LP UNIFORM SERVICE $121.76 UNITED STATES CELLULAR PW CELL PHONE $51.25 CORPORATION REFUSE COLLECTIONS -Total $294.50 JPMORGAN CHASE BANK EVERCLEAN- CLEANING $900.00 TECHNICAL PROGRAMMING SERVICES BILLING SERVICES $1,347.14 INC UTILITY BILLING -Total $2,247.14 AEP /PSO ELECTRIC USE $5,884.86 DUKE'S ROOT CONTROL, INC ROOT CONTROL $12,800.72 HAYNES EQUIPMENT COMPANY SUBMERSIBLE PUMPS $20,945.00 JPMORGAN CHASE BANK AMERIFLEX -HOSE $89.00 JPMORGAN CHASE BANK ATWOODS- FUNNEL $10.99 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $981.69 JPMORGAN CHASE BANK BUMP2BUMP -DE ICER $41.88 JPMORGAN CHASE BANK COMM POWER- HEATER $111.75 JPMORGAN CHASE BANK CORE &MAIN -PARTS $110.69 JPMORGAN CHASE BANK CORE &MAIN- SUPPLIES $32.52 JPMORGAN CHASE BANK CORNERSTONE - PROPANE $24.74 JPMORGAN CHASE BANK LOWES - FITTING $4.48 JPMORGAN CHASE BANK LOWES- SUPPLIES $135.36 JPMORGAN CHASE BANK LOWES -TOOLS $92.64 JPMORGAN CHASE BANK LOWES- WIRING $49.72 JPMORGAN CHASE BANK NORTHERN TOOL - UNIFORM $591.94 JPMORGAN CHASE BANK OREILLY -OIL $7.98 JPMORGAN CHASE BANK OREILLY -PARTS $47.88 2 Claims List - 3/2/2021 Fund Vendor Name Payable Description Payment Amount 61 OPWA JPMORGAN CHASE BANK P &K -PARTS $562.59 JPMORGAN CHASE BANK RED WING -BOOTS $175.00 JPMORGAN CHASE BANK TRACTOR SPLY -BOOTS $134.99 SCHUERMANN ENTERPRISES, INC SERVICE $3,226.49 UNIFIRST HOLDINGS LP UNIFORM SERVICE $105.68 WASHINGTON CO RURAL WATER MAGNOLIA LS WATER $23.10 DISTRICT AMAZON- UNIFORM $123.13 WASHINGTON CO RURAL WATER MORROW LS WATER $19.80 DISTRICT ATWOODS- SHOVELS $45.98 WASTEWATER COLLECTIONS -Total $46,211.49 AEPIPSO ELECTRIC USE $24,356.44 JAMES A. OZBUN SCUM PUMP REPAIRS $650.00 JPMORGAN CHASE BANK ABERDEEN -VALVE $50.66 JPMORGAN CHASE BANK ALLIED ELECT - REFUND ($775.98) JPMORGAN CHASE BANK ALLIED ELECT - SWITCHES $1,491.19 JPMORGAN CHASE BANK AMAZON- GLOVES $124.00 JPMORGAN CHASE BANK AMAZON- UNIFORM $123.13 JPMORGAN CHASE BANK ATWOODS- GLOVES $7.99 JPMORGAN CHASE BANK ATWOODS- SHOVELS $45.98 JPMORGAN CHASE BANK ATWOODS -TOOLS $364.96 JPMORGAN CHASE BANK BUMP2BUMP -PARTS $69.84 JPMORGAN CHASE BANK CONT'L RES- SUPPLIES $1,117.88 JPMORGAN CHASE BANK CORE &MAIN - SUPPLIES $967.98 JPMORGAN CHASE BANK CORNERSTONE -HOSE $2.00 JPMORGAN CHASE BANK FORT BEND -TOTE $5,280.00 JPMORGAN CHASE BANK GELLCO -BOOTS $287.97 JPMORGAN CHASE BANK GRAINGER- REAGENT $120.62 JPMORGAN CHASE BANK GRAINGER -WATER $64.96 JPMORGAN CHASE BANK GREEN CO- TESTING $95.00 JPMORGAN CHASE BANK HACH -FEE $1,115.00 JPMORGAN CHASE BANK HACH- REAGENT $595.62 JPMORGAN CHASE BANK HACH- REPAIR $44.37 JPMORGAN CHASE BANK HAYNES -PARTS $1,030.18 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $88.58 JPMORGAN CHASE BANK HOME DEPOT -TOOLS $99.97 JPMORGAN CHASE BANK INTERSTATE- BATTERIES $21.20 JPMORGAN CHASE BANK LAWSON- GLOVES $53916 JPMORGAN CHASE BANK LOCKE -HOSE $8.74 JPMORGAN CHASE BANK LOWES -GLUE $4.86 JPMORGAN CHASE BANK LOWES- SUPPLIES $22.26 JPMORGAN CHASE BANK NCL OF WISC- REAGENT $36.14 JPMORGAN CHASE BANK NCL OF WISC- SUPPLIES $588.53 3 Claims List - 3/2/2021 Fund Vendor Name Payable Description Payment Amount 61 OPWA JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $249.99 JPMORGAN CHASE BANK OREILLY -PARTS $14.98 JPMORGAN CHASE BANK SAMS- SUPPLIES $20.98 JPMORGAN CHASE BANK TURNER - REPAIR $1,980.00 JPMORGAN CHASE BANK WALMART -WATER $20.40 JPMORGAN CHASE BANK WASTE MGMT- SLUDGE REM $8,908.82 UNIFIRST HOLDINGS LP UNIFORM SERVICE $132.14 WASTEWATER TREATMENT -Total WWTP UPGRADE -Total $49,967.14 AEP IPSO ELECTRIC USE $436.15 CINTAS CORPORATION FIRST AID SUPPLIES $21.87 CITY OF TULSA DEPT OF FINANCE WQA LAB SRVC $540.00 JPMORGAN CHASE BANK ADVANCE AUTO -BLUE DEF $41.37 JPMORGAN CHASE BANK ATWOODS -BULBS $15.98 JPMORGAN CHASE BANK ATWOODS- HEATER $29.99 JPMORGAN CHASE BANK ATWOODS -TARPS $98.94 JPMORGAN CHASE BANK BROWN FARMS -SOD $100.00 JPMORGAN CHASE BANK BUMP2BUMP -PARTS $33.98 JPMORGAN CHASE BANK CORE &MAIN- SUPPLIES $3,745.28 JPMORGAN CHASE BANK DIAMONDBACK -BED COVER $2,597.00 JPMORGAN CHASE BANK EQUIP ONE - PROPANE $63.22 JPMORGAN CHASE BANK HOME DEPOT -FLOOR SWEE $66.93 JPMORGAN CHASE BANK LOWES- SUPPLIES $265.36 JPMORGAN CHASE BANK NORTHERN TOOL - UNIFORM $49.99 JPMORGAN CHASE BANK OREILLY -PARTS $46.09 JPMORGAN CHASE BANK SHELTON- CONCRETE $903.00 JPMORGAN CHASE BANK TRACTOR SPLY -PARTS $299.99 JPMORGAN CHASE BANK UTILITY SPLY -PARTS $1,283.39 UNIFIRST HOLDINGS LP UNIFORM SERVICE $153.18 WATER •Total $10,791.71 CP &YINC WWTP LS EXP PROJECT $17,503.14 4 WWTP UPGRADE -Total $17,503.14 OPWA -Total $378,998.66 67 OPWA SALES TAX BANCFIRST 80065001212016 NOTE $233,933.25 BANCFIRST 80073003812018 NOTE $95,403.33 BANCFIRST 800826026/2020 NOTE $95,738.54 OPWA STF DEBT SERVICE -Total $425,075.12 OPWA SALES TAX - Total $425,075.12 69 OPWA SALES TAX SUB MORROW PLACE INVESTMENT GROUP DEVELOPMENT AGREEMENT $5,124.04 ACCOUN LLC OPWA ST SUB - DEBT SERV -Total $5,124.04 4 Fund Claims List - 3/2/2021 Vendor Name Payable Description Payment Amount 69 OPWA SALES TAX SUB ACCOUN -Total §5,124.04 OPWA Grand Total $809,197.82 Sd NE LRaop�- REAL C.—ft TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Daniel Dearing, t'.E., CFM SUBJECT: 117th Street Force Main Design Agreement for Engineering Services DATE: February 26, 2021 BACKGROUND The 117 +h Street Lift Station and Force Main was built in 1975. The lift station pumps a large portion of the City's sanitary sewer system on the east side of U.S. Highway 169. The lift station is located southeast of East 72nd Street North and North 119th East Avenue. The force main is a pressure pipe that receives the pumped sewer from the lift station and heads due west under U.S. Highway 169 over to the treatment plant. The lift station was upgraded in 2012, however the force main remained as it was originally constructed as a sixteen (16) " asbestos cement (AC) pipe. As the force main has aged, the pipe material has deteriorated with corrosion and repairs and patches have been required in recent years to keep if in commission. As pipe failures are increasing, staff has concerns that the force main pipe under U.S. Highway 169 may burst to which repairs would be not only be costly but very lengthy in time, creating a major obstacle with millions of gallons of sanitary sewer per day continually needing to be conveyed to the treatment plant. The Wastewater Masterplan also recommends the upgrade of the force main in order to increase capacity within the basin. Public Works staff met with Kellogg Engineering, Inc., to discuss preparing a draft scope of services for design. Kellogg Engineering, Inc., has provided services for two recent lift station and force main projects and has a strong understanding in lift station design and the City of Owasso's sanitary sewer system. ENGINEERING AGREEMENT /SCOPE OF WORK: The scope of services will include the following: • Survey /ROW Documents • Detailed Design Detailed Specifications • Geotechnical Report • Cost Opinion Development • Bid Assistance • Construction Assistance The cost of the work included in the proposed agreement is $149,270.00 and is estimated to take six (6) months for final design completion. FUNDING: Funding is available in the FY 2020 -2021 Wastewater Collections Division budget OPWA 11 Th Force Main Engineering Agreement Page 2 RECOMMENDATION: Staff recommends approval of the Agreement for Engineering Services for the 117th Street Force Main Design with Kellogg Engineering, Inc. of Talala, Oklahoma, in the amount of $149,270.00 and authorization to execute the necessary documents. ATTACHMENTS: Location Map Engineering Agreement /Exhibits AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY OF OWASSO, OK 117TH STREET FORCE MAIN DESIGN THIS AGREEMENT, made and entered into this 2rd day of March, 2021 between the OWASSO PUBLIC WORKS AUTHORITY OF OWASSO, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as AUTHORITY, and KELLOGG ENGINEERING, INC. hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, AUTHORITY intends to replace and upgrade 117th Street force main which will replace the existing force main due to age and condition, hereinafter referred to as the PROJECT; and, WHEREAS, AUTHORITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the Owasso Public Works Authority operating budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. AUTHORITY'S RESPONSIBILITIES. AUTHORITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE AUTHORITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. AUTHORITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE /HOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of DRAFT AGREEMENT WITH KELLOGG ENGINEERING -11TTH FORCE MAIN PROJECT 01 -1421 C -1 the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by AUTHORITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the AUTHORITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for AUTHORITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. DRAFT AGREEMENT WITH KELLOGG ENGINEERING -117TH FORCE MAIN PROJECT 01 -1421 C -2 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify AUTHORITY from and against legal liability for damages arising out of the performance of the SERVICES for AUTHORITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the AUTHORITY or any other contractor or consultant of the AUTHORITY. 9.2. ENGINEER shall not be liable to AUTHORITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. AUTHORITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of AUTHORITY and ENGINEER for contractor's negligence. 10.2. AUTHORITY shall require construction contractor(s) to name AUTHORITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. DRAFT AGREEMENT WITH KELLOGG ENGINEERING -117TH FORCE MAIN PROJECT 01 -1421 C -3 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval by AUTHORITY. 12.2. ENGINEER shall furnish AUTHORITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the AUTHORITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the AUTHORITY. 13.2. AUTHORITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at AUTHORITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. AUTHORITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for AUTHORITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to AUTHORITY. In the event of termination or suspension for AUTHORITY'S convenience, AUTHORITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Mr. Brian Kellogg, President KELLOGG ENGINEERING, INC. 6755 S. 4060 Rd. Talala, OK 74080 DRAFT AGREEMENT WITH KELLOGG ENGINEERING -117TH FORCE MAIN PROJECT 01 -14 -21 CA To CITY: Mr. Roger Stevens, Public Works Director City of Owasso 301 W 2nd Avenue Owasso, OK 74055 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and AUTHORITY. 16. UNCONTROLLABLE FORCES. Neither AUTHORITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either AUTHORITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed here from, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. AUTHORITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the AUTHORITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the AUTHORITY's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the AUTHORITY Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the AUTHORITY of Owasso, and any plans or specifications not DRAFT AGREEMENT WITH KELLOGG ENGINEERING -117TH FORCE MAIN PROJECT 01 -1421 C -5 meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the AUTHORITY staff initially and as needed thereafter to manage the project and will be available for one public meeting or AUTHORITY of Owasso presentation. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Brian Kellogg as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of AUTHORITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Chairman of the Owasso Public Works Authority. APPROVED: ENGINEER La Date: _ /_/ OWASSO PUBLIC WORKS AUTHORITY AUTHORITY Clerk, Juliann M. Stevens Chair, Bill Bush Date: 03/02/2021 APPROVED AS TO FORM: AUTHORITY Attorney, Julie Lombardi DRAFT AGREEMENT WITH KELLOGG ENGINEERING -117TH FORCE MAIN PROJECT 0114 -21 C -6 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY 117TH STREET FORCE MAIN DESIGN Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of civil engineering SERVICES described as follows: Design of the 117th Street Force Main will replace the existing force main due to age and condition, as well as increase sanitary sewer capacity within the basin. The existing force main and appurtenances will be decommissioned as part of the project. DRAFT AGREEMENT WITH KELLOGG ENGINEERING -117TH FORCE MAIN PROJECT 01 -14 -21 C -7 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY 117TH STREET FORCE MAIN DESIGN Scope of Services Attachment B The services to be performed by the ENGINEER under this AGREEMENT will consist of designing the 117TH Street Force Main Project., execution of the work will be broken up into eight (8) major work tasks, as stated below. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of the AGREEMENT and receipt of Notice to Proceed. The Basic Services of ENGINEER consist of the following tasks: Scope of Services Kellogg Engineering, Inc. proposes to furnish the AUTHORITY the following professional engineering services for the design of the 117th Street Force Main Project: 1. Survey/ROW Documents 1.1 Ground Survey - Arrange for, as needed, a survey of the sites, as need to determine best location for the force main. The survey shall consist of: • Establish a temporary benchmark near the existing 1176, street lift station site from an established existing monument; • Verify elevations of structures as needed; • Perform property survey of final selected sites; 1.2 ROW documents - Provide legal descriptions and exhibits for all easements to be acquired by the City. 2. Detailed Design 2.1 Regular Meetings - Attend a progress meeting each month with the wastewater/ engineering staff to review technical aspects of the project; 2.2 Plan Review Meetings - Attend 30% (Preliminary plans), 60% (Preliminary plans), and 90% (Final plans) review meetings; 2.3 Project Management - Project management activities include reviewing invoices as provided by the AUTHORITY; 3.4 Drawings - Prepare construction drawings for the force main project. DRAFT AGREEMENT WITH KELLOGG ENGINEERING -11 TTH FORCE MAIN PROJECT 01 -1421 C-8 3. Detailed Specifications 3.1 Detailed Specifications - Prepare construction specifications with the construction drawings, for taking competitive bids and entering into a construction contract with an experienced and competent contractor for the project. Specifications will include bid information and contract terms as required by the AUTHORITY. AUTHORITY standards for force main construction shall be included. 4. Geotechnical Report 4.1 Geotechnical Report - Prepare a geotechnical report, which shall include a maximum of five (5) soil borings to a minimum depth of five (5) feet below the required depth of the force main. The report shall address type/ depth of rock layers, depth to subsurface water, ability to excavate the rock without using explosives, etc. for the selected force main alignment using information from the subsurface evaluation portion of the work. 5. Cost Opinion Development 5.1 Cost Opinion - Prepare final Engineer's Opinion of Construction Cost, including 15% contingencies. 6. Bid Assistance 6.1 Contract Documents - The force main project will be bid as a single project. Assist AUTHORITY in advertising for bid. Mail notices to prospective bidders and distribute documents to prospective bidders; 6.2 Pre -Bid Conference - Attend pre -bid meeting for the project. AUTHORITY to furnish bid sets (drawings and detailed specifications - matter copy to be provided by engineer); 6.3 Bidders Inquiries and Addenda - Respond to bidders inquires during the bidding period. Prepare addenda to the contract documents as necessary; 6.4 Pre -Award - Tabulate bids and prepare recommendation letter. 7. Construction Assistance 7.1 Attend pre -work conference; 7.2 Review and approve all submittals; 7.3 Review and approve all pay applications; 7.4 Answer questions throughout the project regarding design intent; 7.5 Prepare Record Drawings of the project. 8. Assumptions and limitations of the engineering services 8.1 The proposed force main alignment will be wholly contained within the existing right -of -way of N. 117th E. Ave., E. 71st N., N. 116th E. Ave., and E. 69th St. N. Additional right -of -way easements along the force main alignment shall be limited to three (3) additional parcels; DRAFT AGREEMENT WITH KELLOGG ENGINEERING -11TTH FORCE MAIN PROJECT 01 -14 -21 C -9 8.2 Topographic survey for the proposed force main shall be limited to the proposed alignment, which is assumed to be the E 71st St. alley way, the west side of N. 116TH E. Ave., The North side of E. 69th St. N., a strip 50 feet wide across U.S. Highway 169 perpendicular to W. 69th St. N., and a strip 50 feet wide centered on the proposed alignment on the land west of U.S. Highway 169, unless existing structures impedes the survey alignment; 8.3 Engineer shall provide survey control along the proposed force main alignment and shall provide coordinates of staked control points, all of which shall be limited to one staking/ set of stakes; 8.4 No formal mitigation procedures are required for environmental issues; 8.5 Engineer is not responsible for construction staking; however control stakes and benchmarks with coordinates shall be provide and shall be limited to one staking /set of stake; 8.6 Engineer shall prepare and provide "As- Built" drawing upon completion of the Project, but is not responsible for "As- Built' survey; 8.7 Engineer is exempt from paying City of Owasso review fees; 8.8 Engineer shall prepare USACE 404 under the "USACE Nationwide Permitting Process" as needed; 8.9 Engineer is not responsible for USACE 404 permit under the "USACE Individual Permitting Process" nor any related mitigation; 8.10 Advertising fees not responsibility of the Engineer; 8.11 Engineer is not responsible for ODEQ, OWRB, or USACE fees; 8.12 Engineer is not responsible for mitigation credits or any related fees; 8.13 Engineer is not responsible for right -of -way acquisition or any related fees; 8.14 Engineer is not responsible for construction inspection; however, the Engineer shall make routine site visits upon request of the Authority; 8.15 Engineer is not responsible for project management or construction management; 8.16 Engineer is not responsible for any Environmental Review, study, or report; 8.17 Engineer is not responsible for preparation of a CLOMR /LOMR for the proposed Project, 8.18 Reproduction shall be limited as follows: 8.18.1 50% Complete Review -1 full size set, 5 half size sets, and half size PDFs; 8.18.2 95% Complete Review -1 full size set, 5 half size sets, and half size PDFs; 8.18.3 100% Complete -1 full size set, 5 half size sets, half size PDFs, and full size PDFs; DRAFT AGREEMENT WITH KELLOGG ENGINEERING -117TH FORCE MAIN PROJECT 011421 C -10 8.18.4 "As- Builts" - 1 full size set of PDFs,1 full size set of Mylars, and 1 set of construction plans in CAD format including "ctb" files; 8.19 Project shall be funded by the City of Owasso and that standard Owasso contract documents and specifications shall apply; 8.20 Engineer is not responsible for any type of funding applications, engineering reports, and /or engineering documentation as required by outside funding by state agencies; 8.21 Engineer is not responsible for a Sanitary Sewer Engineering Report for the force main project; 8.22 Engineer is not responsible for the analysis and study for sizing the proposed force main. The City of Owasso shall provide the Engineer with the sanitary sewer force main Engineering Report for determining the proposed force main size. DRAFT AGREEMENT WITH KELLOGG ENGINEERING -117TH FORCE MAIN PROJECT 01 -1421 C -11 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLICS WORKS AUTHORITY 117TH STREET FORCE MAIN DESIGN Responsibilities of the AUTHORITY Attachment C RESPONSIBILITIES OF THE AUTHORITY. The AUTHORITY agrees: C.1 Reports, Records, etc.: To furnish, as required by the work, and not at the expense of the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the AUTHORITY that may be useful in the work involved under this AGREEMENT C.1.2 Standard construction drawings and standard specifications C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by AUTHORITY. C.2 Access: Provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance: Designate the Public Works Director or another individual designated in writing to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define AUTHORITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing AUTHORITY owned utilities and in expediting their relocation as described in Attachment B. Further, AUTHORITY will furnish assistance as required in obtaining locations of other utilities, including excavations to determine depth. C.3.2 Furnish legal assistance as required in the preparation of bidding, property acquisition, construction and other supporting documents. CA Review: Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. DRAFT AGREEMENT WITH KELLOGG ENGINEERING -117TH FORCE MAIN PROJECT 01 -1421 C -12 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY 117TH STREET FORCE MAIN DESIGN Compensation Attachment D COMPENSATION. The AUTHORITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the AUTHORITY may require in substantiation of the amount billed. D.1 Total Compensation For the work under this project the total maximum billing including direct costs and subconsultant services shall be $149,270 which amount shall not be exceeded without further written authorization by AUTHORITY. D.2 Subconsultants and Other Professional Associates: All Subconsultant and Other Professional Associate costs are included in the Total Compensation. Services of subcontractors and other professional consultants shall be compensated for at actual cost. Sub - consultants to be used must be authorized in advance by AUTHORITY. D.3 Other Direct Costs: All Direct Costs are included in the Total Compensation. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses are included in the maximum fee. D.3.3 Any other direct costs shall be compensated for at actual cost when authorized in advance by AUTHORITY. DA Additional Services: Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services: If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. D.6 Conditions of Payment D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due DRAFT AGREEMENT WITH KELLOGG ENGINEERING -117TH FORCE MAIN PROJECT 01 -1421 C -13 and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If AUTHORITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to AUTHORITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to AUTHORITY, request renegotiation of compensation. DRAFT AGREEMENT WITH KELLOGG ENGINEERING -117TH FORCE MAIN PROJECT 01 -14-21 C -14 AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY 117TH STREET FORCE MAIN DESIGN Billing Rate Sheet Attachment E KELLOGG ENGINEERING, INC. Current Hourly Fee Schedule Effective January 1, 2021 Principal Engineer ....... ............................... $120 /hour Structural Engineer ...... ............................... $100 /hour Project Manager ........ ............................... $100 /hour Engineering /Drafting GIS Technician ....................... $85 /hour Inspector .............. ............................... $65 /hour Clerical............... ............................... Direct Expenses ........ ............................... Travel................ ............................... Geotechnical Engineer ... ............................... Survey Crew ........... ............................... Registered Surveyor ..... ............................... DRAFT AGREEMENT WITH KELLOGG ENGINEERING -117TH FORCE MAIN PROJECT 01 -1421 C -15 $35 /hour Cost + 15% $0.55 /mile $150 /hour $150 /hour $150 /hour AGREEMENT FOR ENGINEERING SERVICES FOR THE OWASSO PUBLIC WORKS AUTHORITY 117TH STREET FORCE MAIN DESIGN Schedule Attachment F F. SCHEDULE. The schedule for general engineering services for the PROJECT is provided as follows: F.1. 6 Months from NTP to Final Design Completion F.2 Notice to Proceed: F.2. Final Design Completion: DRAFT AGREEMENT WITH KELLOGG ENGINEERING -117TH FORCE MAIN PROJECT 01 -14 -21 C -16 7d RGL RpN • RPK GTntlrt. RF/JCemmu^M TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) The Honorable Mayor and City Council FROM: Roger Stevens, Public Works Director SUBJECT: Contract Amendment - Wastewater Treatment Plant and Main Plant Lift Station Expansion Project DATE: February 26, 2021 BACKGROUND: On December 1, 2020, the OPWA approved a contract for the construction of the Wastewater Treatment Plant and Main Plant Lift Station Expansion Project. The contract was awarded to Crossland Heavy Contractors. During the pre - construction meeting, Crossland Heavy advised city staff of their legal counsel's opinion that contractors working for the OPWA do not receive the same tax exempt status for purchases related to the construction project, as contractors working for the City. To ensure this project begins in a timely manner, staff consulted with the City Attorney to provide a solution to Crossland Heavy, addressing their concerns regarding the use of a tax exempt status. By amending the original contract to include the City of Owasso as a party, along with the OPWA, and Crossland Heavy, the contractor could then utilize a tax exempt status for purchases related to the construction project. CONTRACT AMENDMENT: The proposed amendment would change the Wastewater Treatment Plant and Main Plant Lift Station Expansion Contract by adding the City of Owasso as a party to the contract along with the Owasso Public Works Authority. By this amendment, the City of Owasso grants Crossland Heavy Contractors the right to act as an agent of the City of Owasso which grants tax exempt status to the contractor for the purchase of all products and equipment directly related to the construction of the Owasso Wastewater Treatment Plant and Main Plant Expansion Project. RECOMMENDATION: Staff recommends amending the construction contract by adding the City of Owasso as a third party and authorization to execute the necessary documents. ATTACHMENT: Contract Amendment SECTION 00300 AGREEMENT - AMENDMENT THIS AGREEMENT - AMENDMENT is dated as of the 2nd day of March, 2021, by and between the Owasso Public Works Authority /City of Owasso (hereinafter called OWNER) and Crossland Heavy Contractors [tic (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: OWASSO WASTEWATER TREATMENT PLANT AND MAIN LIFT STATION EXPANSION PROJECT OWASSO PUBIC WORKS AUTHORITY/ CITY OF OWASSO OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: 1. Install Main Lift Station including all associated Mechanical, Structural and Electrical components 2. Install a grit removal system including a vortex -type grit removal system, grit classifier equipment, grit dewatering equipment, and dry grit storage. 3. 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. 4. Install new Blower building No. 3 and all its associated Architectural, Structural, Mechanical and Electrical Components. 5. Install new Digester No. 1, Digested sludge Pump Station and all its associated components. 6. Install new Plant water System and its associated components. 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 0920 00300 - Page 1 of 14 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 Six Hundred and Seventy (670) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within Seven Hundred and Thirty (730) calendar days from the date of Notice to Proceed, which will be on or before March 15, 2021 , 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. 4.3 CONTRACT AMOUNT: Contract Amount is Twenty One Million, One Hundred Eighty Seven Thousand, Eight Hundred Seventy Nine and no /100 Dollars $21,187,879.00. 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 0920 00300 - Page 2 of 14 the OWNER'S 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 (50 110) of the contract amounts. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in 0920 00300 - Page 3 of 14 accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for one (1) year after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 0920 00300 - Page 4 of 14 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 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. 7.21 Addendum Numbers 1 to 4 inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 0920 00300 - Page 5 of 14 8.3 OWNER and CONTRACTOR each binds himself /herself, his /her partners, successors, assigns, and legal representatives to the other party hereto, his/her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on March 2 2021. OWNER: Owasso Pubic Works Authority/ City of Owasso to Bill Bush, OP WA Chair/ Mayor (SEAL) ATTEST: Juliann M. Stevens, City Clerk Address for giving notices: Owasso Public Works Authority City of Owasso 200 S Main Owasso, OK 74055 CONTRACTOR: By: lew �a4ulll (SEAL) I lDi�c7 �V��CJd 1( Title Crossland Heavy Contractors, Inc. Attn: Jason Smith 14149 East Admiral Place Tulsa, Oklahoma 74116 0920 00300 - Page 6 of 14 EXHIBIT "C" CERTIFICATION OF TAX EXEMPT PUBLIC PROJECT The City of Owasso hereby certifies that: Crossland Hean Contractors Inc has duly entered into a public contract pursuant to the law for the following purposes, to -wit: Owasso Wastewater Treatment Plant and Main Lift Station Expansion Project Accordingly, under the provisions of 68 O.S. §1356(l), the sale of tangible personal property or services necessary for carrying out such public contract to the contractor or any sub - contractor to such public contract are exempt from sales tax. Any contractor or sub - contractor of such public contract shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that the purchases are necessary for carrying out such public contract with the City of Owasso. CITY OF OWASSO, OKLAHOMA By ee v�tn Contract Administrator/Engineer 0720 00300 - Page 14 of 15 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 02/13/21 FUND TOTAL 85,701.66 141,817.24 Department Payroll Expenses Total Expenses 400 OPWA Administration 18,561.24 27,769.77 405 Utility Billing 6,869.60 12,052.92 420 Water 15,896.60 26,718.68 450 Wastewater 14,533.61 23,885.17 455 Wastewater Collection 13,905.84 23,334.93 480 Refuse 13,555.57 23,270.53 485 Recycle Center 2,379.20 4,785.24 FUND TOTAL 85,701.66 141,817.24