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HomeMy WebLinkAbout2021.04.20_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY (OPWA) Council Chambers Old Central Building 109 North Birch, Owasso, OK TUESDAY, April 20, 2021 - 6:30 PM AGENDA RECEIVED 1. Call to Order Chair Bill Bush APR 16 2021 2. Roll Call City Clerk's Office 3. Consideration and approval, denial, amendment, or other 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- April 6, 2021, and April 13, 2021, Regular Meetings B. Approve claims 4. Consideration and approval, denial, amendment, or other appropriate action relating to items removed from the Consent Agenda 5. Consideration and approval, denial, amendment, or other appropriate action relating to construction bids received for the Coffee Creek Lift Station and Force Main Improvements and a budget amendment Roger Stevens Staff recommends approval of a budget amendment in the Owasso Public Works Authority Fund increasing the appropriation for expenditures by $3,254,636.68, awarding the bid to MSB Construction, LLC, of Oologah, Oklahoma, in the amount of $5,250,948.10, and authorization to execute the necessary documents. 6. Consideration and approval, denial, amendment, or other appropriate action relating to a five -year rate plan for water, sewer, and refuse services Linda Jones Staff recommends to affirm the rates for water, sewer, and refuse services for the next five years beginning October 1, 2021, as presented in City Council in Resolution 2021 -06. 7. Report from OPWA Manager 8. Report from OPWA Attorney 9. Official Notices (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date April 10, 2021 • Monthly Budget Status Report - March 2021 10. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) OPWA April 20, 2021 Page 2 11. 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 April 16, 2021. 166n M. Stevens, City Clerk The City of Owosso 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 APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, . authorizing, awarding, tabling, rejecting. OWASSO PUBLIC WORKS AUTHORITY (OPWA) MINUTES OF REGULAR MEETING Tuesday, April 6, 2021 The Owasso Public Works Authority (OPWA) met in regular session on Tuesday, April 6, 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 Thursday, April 1, 2021. 1. Call to Order Chair Bill Bush called the meeting to order at 7:16 pm. 2. Roll Call 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 -March 16, 2021, Regular Meeting B. Approve claims Ms. Lewis moved, seconded by Mr. Dunn to approve the Consent Agenda, as presented with claims totaling $825,133.29. 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 o f f he following: • Payroll Payment Reports - Pay Period Ending Date March 13, 2021, and March 27, 2021 B. 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 April b, 2021 Page 2 Adjournment Mr. Kelley moved, seconded by Mr. Dunn 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 OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING Tuesday, April 13, 2021 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, April 13, 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 Friday, April 9, 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. Presentation relating to a Fleet Vehicle Leasing Program Chris Garrett introduced John Holland with Enterprise Fleet Leasing, to present the item and discussion was held. 3. Discussion relating to Finance Department items A. FY 2021 -2022 Annual Operating Budget timeline B. Five -Year Utility Rate Plan Proposal Linda Jones presented items A and B and discussion was held. It was further explained item B would be placed on the April 20, 2021, City Council agenda for consideration and action. 4. Discussion relating to Public Works Department items A. Funding Agreement for the North 137th East Avenue Service Road Extension B. Bids received for the Coffee Creek Lift Station and Force Main Improvement Project Roger Stevens presented items A and B and discussion was held. It was further explained that item A would be placed on the April 20, 2021, City Council agenda and item B would be placed on the April 20, 2021, Owasso Public Works Authority agenda for consideration and action. 5. Discussion relating to the Comprehensive Master Rate and Fee Schedule - proposed reservation rates for Redbud Park facilities Juliann M. Stevens and Larry Langford presented the item and discussion was held. It was further explained that the item would be placed on the April 20, 2021, City Council agenda for consideration and action. 6. Discussion relating to City /Authority Manager items A. Monthly sales tax report B. City Manager report Warren Lehr introduced Linda Jones to present item A. Mr. Lehr reported on the Open Meeting Act, National Telecommunication Week, National Animal Care and Control Week, Redbud Festival Park events. Yard Waste Collection Program, Annual Free Landfill Day and an upcoming free dumpster day. 7. City Councilor/Trustee comments and inquiries Councilor Bonebrake commented on the recent Keep Owasso Clean event. Owasso City Council, OPWA & OPGA April 13, 2021 Page 2 8. Adjournment The meeting adjourned at 8:02 pm. Bill Bush, Mayor /Chair Juliann M. Stevens, City Clerk Fund 61 OPWA Claims List - 4/20/2021 Vendor Name Payable Description Payment Amount BH MEDIA HOLDING GROUPS, INC HALE ACRES CDBG SEWER LIN $71.34 CDBG20 -HALE ACRES PHASE 3 - Total $71.34 AMERICAN MUNICIPAL SERVICES LTD COLLECTION SERVICES $306.08 OPWA -Total $306.08 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 $58.93 CINTAS CORPORATION FIRST AID SUPPLIES $70.05 CITY GARAGE LABORIOVERHEAD -APRIL, 2 $165.33 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $47.20 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $6.39 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $381.48 UNIFIRST HOLDINGS LP UNIFORM SERVICE $78.96 OPWA ADMINISTRATION -Total UNIFORM SERVICE $808.34 CITY GARAGE LABORIOVERHEAD - APRIL,2 $410.17 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $10.00 OSI ENVIRONMENTAL INC USED OIL COLL SRVC $100.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE $36.70 RECYCLE CENTER -Total $556.87 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 $1,494.45 CINTAS CORPORATION FIRSTAID SUPPLIES $74.96 CITY GARAGE LABORIOVERHEAD -APRIL, 2 $5,524.17 CITY GARAGE LABORIOVERHEAD - MARCH, 2 $5,868.95 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $4,470.51 REHRIG PACIFIC CO. GREEN 95 GAL CARTS $21,531.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE $208.60 REFUSE COLLECTIONS -Total $39,172.64 JPMORGAN CHASE BANK AMAZON- HIGHLIGHTERS $5.47 JPMORGAN CHASE BANK AMAZON- KLEENEX $34.20 TECHNICAL PROGRAMMING SERVICES BILLING SERVICES $2,096.01 INC UTILITY BILLING -Total $2,135.68 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 $175.17 CITY GARAGE LABOR/OVERHEAD - APRIL, 2 $1,378.50 CITY GARAGE LABORIOVERHEAD - MARCH, 2 $2,783.37 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $732.35 JAMES A. OZBUN PUMP @ MAINT PLANT $150.00 OMEGA RAIL MANAGEMENT, INC. RENTAL LAND -SEWER LINE $956.68 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $174.98 UNIFIRST HOLDINGS LP UNIFORM SERVICE $123.30 VERDIGRIS VALLEY ELECTRIC COOP COFFEE CREEK ELECTRIC $496.26 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECTRI $182.22 1 Claims List - 4/20/2021 Fund Vendor Name Payable Description Payment Amount 61 OPWA WASTEWATER COLLECTIONS -Total CNG FUEL PORCH - MARCH, 2 $7,152.83 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 $7.48 CITY GARAGE LABOR/OVERHEAD -APRIL, 2 $1,064.42 CITY GARAGE LABOR /OVERHEAD- MARCH, 2 $10.25 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $810.08 PARKSON CORPORATION SPARE BAR RAKE PARTS $3,330.00 STEPHEN R GRINTER REPL A/C PARTS $405.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE $133.20 WASTEWATER TREATMENT -Total $5,760.43 BLUE ENERGY FUELS, LLC CNG FUEL PORCH - MARCH, 2 $82.93 CARTER CHEVROLET AGENCY LLC 2021 CHEVROLET 1500 $30,629.00 CINTAS CORPORATION FIRSTAID SUPPLIES $75.24 CITY GARAGE LABOR /OVERHEAD- APRIL, 2 $2,718.17 CITY GARAGE LABORIOVERHEAD- MARCH, 2 $1,110.59 CITY OF TULSA UTILITIES WATER $244,091.25 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $1,590.10 UNIFIRST HOLDINGS LP UNIFORM SERVICE $147.02 VERDIGRIS VALLEY ELECTRIC COOP WATER CONTROL $30.60 WATER -Total $280,674.90 CROSSLAND HEAVY CONTRACTORS WWTP UPGRADE -LS $333,195.54 EXPANSION GREELEY & HANSEN LLC LBX 619776 WWTP LS EXP PROJECT $1,438.59 WWTP UPGRADE -Total $334,634.13 OPWA -Total $671,273.24 OPWA Grand Total $671,273,24 2 sd TO: The Honorable Chair and Trustees MSB Construction, LLC Owasso Public Works Authority (OPWA) FROM: Roger Stevens McGuire Brothers Construction Public Works Director SUBJECT: Bid Award and Budget Amendment Coffee Creek Lift Station and Force Main Improvements DATE: April 16, 2021 BACKGROUND: The Coffee Creek Lift Station and Force Main were constructed just south of East 106th Street North on the west side of North 1451h East Avenue in 2002. Per the October 2016 Wastewater Master Plan, the lift station pumps, wet well, and generator, as well as the eight (8)" force main needed to be upgraded by 2020. The lift station is currently operating at approximately 90% of its rated capacity and provides service to the Lake Valley and Coffee Creek subdivisions, and several commercial developments along the east side of US Highway 169. Additional development in this area is anticipated to occur over the next five (5) to Fifteen (15) years, at which time, the projected sanitary sewer flow will exceed the capacity of the lift station and force main. In November 2017, Public Works began discussions with Kellogg Engineering, Inc, concerning the needed improvements to the lift station and force main in order to accommodate current and future sanitary sewer flows within the basin. This project was first advertised in June 2020, with bid opening in July 2020. MSB Construction, LLC, was the lowest bid at $5,007,778.00, which exceeded the engineering estimate by $1,374,951.00. As a result, staff recommended and Trustees acted to reject all bids received for the Coffee Creek Lift Station and Force Main Improvements in August 2020. SOLICITATION OF BIDS: In February 2021, City Engineering staff and Kellogg Engineering revised final bid documents, updated the engineering estimate, and re- advertised in accordance with state statutes. A mandatory pre -bid meeting was held on March 4, and bids were opened on March 18, 2021, with a total of three contractors submitting bids. The bids submitted were as follows: BIDDER AMOUNT MSB Construction, LLC $5,250,948.10 Timber Wolf Excavating, LLC $5,410,361.00 McGuire Brothers Construction $7,470,203.00 Engineer's Estimate $3,632,827.00 M5B Construction LLC, was the low bidder at $5,250,948.10. Unfortunately, the lowest bid is $243,170.00 more than the lowest bid received back in July 2020. Coffee Creek Lift Station Improvements Page 2 Based on comments received by the contractors, the material cost for Polyvinyl (PVC) piping, steel, electrical and mechanical continues to increase about every ten (10) days, which is the main reason why the project cost has increased by approximately 45% or $1,618,211.00, more than originally expected. With the likelihood of project costs continuing to increase, staff is recommending to approve a construction contract. FUNDING: To minimize interest costs and to comply with government spend -down requirements, only partial funding was secured for this project through the 2019 Oklahoma Water Resources Board loan. As was communicated to City Council /Trustees when the 2019 loan was approved, OPWA will need to secure additional funds in the near future to fully fund this project. In the meantime, a budget amendment is requested in the amount of $3,254,636.68, from the OPWA Fund balance. RECOMMENDATION: Staff recommends approval of a budget amendment in the Owasso Public Works Authority Fund increasing the appropriation for expenditures by $3,254,636.68, awarding the construction bid to MSB Construction, LLC, of Oologah, Oklahoma, in the amount of $5,250,948.10, and authorization to execute the necessary documents. ATTACHMENTS: Agreement Site Map SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the 20th day of April, 2021, by and between The Owasso Public Works Authority as well as their partner, The City of Owasso (hereinafter called OWNER) and MSB Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: COFFEE CREEK LIFT STATION SANITARY SEWER PROJECT - REBID OWASSO PUBIC WORKS AUTHORITY/ CITY OF OWASSO OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: The installation of 1 -1,500 GPMLift Station, 824 LF of 24" PS -115 PVC, 22 LF of 15" SDR -35 PVC, 77 LF of 8 " SDR -35 PVC. gravity, flow sewer lines, , and 10,866 LF of DR -1$ C -900 force main sewer line, with associated appurtenance in Sections 16 & 21, T -21 -N, R -14 -E of the I.B. &M., Tulsa County, Oklahoma and Section 15, T -21 -N, R -14 -E, of the I.B. &M, Rogers County, Oklahoma. 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 Three Hundred Sixty Five (365) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within Three Hundred Ninety Five (395) calendar days from the date of Notice to Proceed, which will be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not 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 0221 00300 - Page 1 of 15 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 Five Hundred Dollars ($500.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) 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 Five million, two hundred fifty thousand, nine hundred and forty-eight dollars and 10 /100 ($5,250,948.10) 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 Pubic Works Authority'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 %) 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. 0221 00300 - Page 2 of 15 ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself/herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 0221 00300 - Page 3 of 15 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years 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 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). 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). 0221 00300 - Page 4 of 15 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings. Sheets 1 to 46 7.21 Addendum Numbers 1 inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award 7.23 A Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself /herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his /her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. 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. 0221 00300 - Page 5 of 15 This Agreement will be effective on April 20, 2021. OWNER: Owasso Pubic Works Authority/ IS City of Owasso Bill Bush, OPWA Chair (SEAL) G1LIY1lMW Juliann M. Stevens, Authority Clerk Address for giving notices: Owasso Public Works Authority City of Owasso 200 S Main Owasso, OK 74055 CONTRACTOR: MSB Construction, LLC VA Mark Bertsch, Managing Member (SEAL) Title 0221 00300 - Page 6 of 15 Coffee Creek Lift Station and Force Main Improvements I" = 2277 ;, Sub Title 03/24/2021 sf� IHil hn�b•pEV�. This map mw reoraaens a visa =l -Is Play o; rata-e3 geographic informal on. Da:a oro�, ids- hereon is no:9J3rzn:ee Of acu;ual neld cori tion._ To be sure of comple *e =,curacy, please comaot 2ha respenai,de staff fcr most up- to-date :n.ormation_ � - TO: The Honorable Mayor and City Council The Honorable Chair and Trustees - Owasso Public Works Authority (OPWA) FROM: Linda Jones, Finance Director SUBJECT: Resolution 2021 -06, establishing Utility Rates - Water, Sewer and Refuse Rates and Fees; Resolution 2021 -07, establishing Stormwater System Service Charges DATE: April 16, 2021 BACKGROUND: As was presented to City Council in March and April worksessions, in order for the City to comply With both City Ordinance and Oklahoma Water Resources Board loan requirements, staff proposes effective October 1, 2021, a five (5) year plan to increase water, sewer, refuse, and stormwater rates to prevent a deficit budget and to recover expected cost increases. PROPOSED FIVE (5) -YEAR UTILITY RATE PLAN: The proposed revenue increases were computed based on assumptions regarding both annual increased costs of labor and materials and also 3% annual increased costs of water purchased from the City of Tulsa. Since actual cost increases will differ from projections, the City will review and report each year to City Council, prior to the presentation of the annual budget the progress towards maintenance of a budgetary fund balance of between one and three months of annual operating revenues. Staff will also annually outline Owasso Public Works Authority (OPWA) capital project needs and present a timeline and estimated cost of projected construction. If the fund balances of the OPWA and Stormwater Funds fall outside of the targeted range or if additional circumstances change such as identification of critical capital projects, the City Council may amend the rate plan as necessary with publication of the proposed rates and at least 30 days' notice to customers. Resolution 2021 -06 has been prepared outlining water, sewer, refuse, and metered fire hydrant rates for the next five (5) years beginning October 1, 2021. In addition, Resolution 2021 -07 has been prepared outlining rates for Stormwater system service for the next five (5) years beginning October 1, 2021. RECOMMENDATIONS: Staff recommends City Council approval and OPWA Trustee affirmation of Resolution 2021 -06, establishing water, sanitary sewer service, refuse, and metered fire hydrant rates and fees within and without the corporate limits of the City of Owasso, for the next five (5) years beginning October 1, 2021. Staff recommends City Council approval of Resolution 2021 -07, establishing rates for stormwater system service charges within the corporate limits of the City of Owasso, for the next five (5) years beginning October 1, 2021. ATTACHMENTS: Resolution 2021 -06 Resolution 2021 -07 CITY OF OWASSO, OKLAHOMA RESOLUTION 2021 -06 A RESOLUTION OF THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING WATER, SANITARY SEWER SERVICE, REFUSE, AND METERED FIRE HYDRANT RATES AND FEES WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE CITY OF OWASSO, AND ESTABLISHING EFFECTIVE DATES WHEREAS, The City Council of the City of Owasso desires to establish the following rates for the provision of water service within the Owasso Corporate limits: Usage Tier Rates Per 1,000 Gallons Users Inside the Corporate Limits Minimum Monthly Meter Charge for First 1,000 gallons Meter Size Effective 10 -1 -21 Effective 10 -1 -22 Effective 10 -1 -23 Effective 10 -1 -24 Effective 10 -1 -25 3/4" $12.82 $13.08 $13.34 $13.61 $13.88 1" $13.72 $13.99 $14.27 $14.56 $14.85 1 %" $15.72 $16.03 $16.35 $16.68 $17.01 2" $16.72 $17.05 $17.39 $17.74 $18.09 3" $31.72 $32.35 $33.00 $33.66 21,000 gallons or more 4" $36.72 $37.45 $38.20 $38.96 .74 6" 51.72 $52.75 $53.81 $54.89 N$34.33 .99 H drant $75.00 $76.50 $78.03 $79.59 .18 Usage Tier Rates Per 1,000 Gallons Users Inside the Corporate Limits Effective 10 -1.21 Effective 10 -1 -22 Effective 10 -1 -23 Effective 10 -1.24 Effective 10 -1 -25 First 1,000 gallons Minimum Meter Charge Minimum Meter Charge Minimum Meter Charge Minimum Meter Charge Minimum Meter Charge 2,000 gallons $7.66 $7.81 $7.97 $8.13 $8.29 3,000 - 5,000 gallons $7.71 $7.86 $8.02 $8.18 $8.34 6,000 - 10,000 gallons $7.7- $8.08 $8.24 $8.40 11,000 - 20,000 gallons $7.80 $7.96 $8.12 $8.28 $8.45 21,000 gallons or more $7.85 $8.01 $8.17 $8.33 $8.50 and, WHEREAS, The City Council of the City of Owasso desires to establish water meter and usage rates for users outside the Owasso Corporate Limits at 120% the rate charged to users inside the Corporate Limits; and, WHEREAS, The City Council of the City of Owasso desires to establish the following rates, fees and stipulations for metered fire hydrant water usage: • Deposit per meter of $1,000.00 • Minimum meter and usage based on aforementioned rate system • Non - refundable service initiation fee of $10.00 • Penalty for failure to report meter readings by the tenth (10th) day of each month of $50.00 first time, $100.00 second time, and $150.00 each additional time; and, Resolution 2021 -06 Page 2 of 2 WHEREAS, The City Council of the City of Owasso desires to establish the following rates for the provision of sewer service: Monthly Sewer Fee for Users Inside the Cor orate Limits Effective Date Base Fee Volume Rate Per 1,000 Gallons 10 -1 -21 110.01 $4.36 10 -1 -22 $10.51 $4.58 10 -1 -23 $11.04 $4.81 10 -1 -24 111.59 $5.05 10 -1 -25 $12.17 $5.30 00 WHEREAS, The City Council of the City of Owasso desires to establish sewer rates for users outside the Owasso Corporate Limits at 120% the rate charged to users inside the Corporate Limits; and, WHEREAS, The City Council of the City of Owasso desires to establish the following rates for the provision of refuse service: Monthl Refuse Fee Effective Date Residential Per Cart Commercial Per Cart Yardwaste Per Cart 10 -1 -21 $16.95 $18.95 $14.95 10 -1 -22 $17.20 $19.20 $15.20 10 -1 -23 $17.45 $19.45 $15.45 10 -1 -24 $17.70 $19.70 $15.70 10 -1 -25 $17.95 $19.95 $15.95 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: SECTION ONE: From and after the effective date of this Resolution (as hereinafter set forth), the charge by the City for water service, sewer service, refuse service, and metered fire hydrant usage shall be adjusted in accordance with the above - referenced recital paragraphs in accordance with authority established by Part 17, Chapter 1 and Chapter 2 of the City of Owasso, Code of Ordinances. SECTION TWO: The water, sewer, refuse, and metered fire hydrant rates and fees established pursuant to this Resolution shall become effective with the first utility billing cycle in October, 2021. PASSED AND APPROVED this 20th day of April, 2021. Bill Bush, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 4/10/21 Department Payroll Expenses Total Expenses 400 OPWA Administration 18,998.70 28,209.93 405 Utility Billing 6,869.60 12,052.92 420 Water 15,968.13 26,800.75 450 Wastewater 14,472.22 23,810.98 455 Wastewater Collection 13,839.66 24,484.31 480 Refuse 13,635.22 24,168.93 485 Recycle Center 2,379.20 4,785.24 FUND TOTAL 86,162.73 144,313.06 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY - OPERATING FUND FISCAL YEAR 2020.2021 Budgetary Basis Statement of Revenues 8 Expenses As of March 31, 2021 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET OPERATING REVENUES: Wafer $ 535,670 $ 5,664,224 $ 6,596,392 85.87% Wastewater 540,808 4,132,054 5,208,252 79.34% Refuse & recycle 198,125 1,856,299 2,436,961 76.17% Other Utility fees 15,100 156,522 280,600 55.78% TOTAL OPERATING REVENUES $ 1,289,702 $ 11,809,099 $ 14,522,205 81.32% OPERATING EXPENSES: OPWA administration $ (116,115) $ (925,267) $ (1,148,594) 80.56% Utility Billing (49,196) (348,220) (524,537) 66.39% Water (342,151) (3,013,068) (4,393,979) 68.57% Wastewater (333,128) (2,117,306) (3,025,922) 69.97% Refuse & Recycle (137,246) (1,366,716) (1,956,329) 69.86% Debt payments (203,967) (1,932,948) (2,705,000) 71.46% TOTAL OPERATING EXPENSES $ (1,181,803) $ (9,703,525) $ (13,754,361) 70.55% OPERATING REVENUES OVER /(UNDER) EXPENDITURES $ 107,899 $ 2,105,574 $ 767,844 NONOPERATING REVENUES (EXPENSES): Interest $ 2,337 $ 21,042 $ 28,830 72.99% Other revenues /(expenses) 3,615 20,143 20,326 99.10% Transfers in - - - 0.00% Transfers out (4,844) (4,844) (326,201) 1.48% TOTAL NONOPERATING REVENUES (EXPENSES) $ 1,108 $ 36,342 $ (277,045) LONG -TERM DEBT PROCEEDS AND EXPENDITURES: Proceeds of long -term debt $ 392,420 $ 3,449,832 $ 34,376,052 Expenditures of long -term debt (393,491) (2,806,142) (35,643,861) TOTAL LONG -TERM DEBT PROCEEDS AND EXPENDITURES $ (1,070) $ 643,690 $ (1,267,809) NET INCOME (LOSS) $ 107,937 $ 2,785,605 $ (777,010) ENCUMBRANCES OUTSTANDING $ (24,262,519) BOND PROCEEDS RECEIVABLE $ 23,194,073 FUND BALANCE (Budgetary Basis) Beginning Balance 4,115,140 4,115,140 Ending Balance $ 5,832,299 $ 3,338,130