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HomeMy WebLinkAbout2021.12.21_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY (OPWA) Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, December 21, 2021 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or fabling. AGENDA RECEIVED 1. Call to Order \\C Chair Bill Bush DEC 17 2021 CV> 2. Roll Call City Clerk's Office 3. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes -December 7, 2021, and December 14, 2021, Regular Meetings B. Approve claims 4. Consideration and appropriate action relating to items removed from the Consent Agenda 5. Consideration and appropriate action relating to a vendor payment for the construction contract awarded in the 2021 Hale Acres Community Development Block Grant (CDBG) Sewer Line Replacement Project Phase IV Project Dwayne Henderson Contingent upon City Council award of the CDBG construction contract, Staff recommends authorization for payment in the amount of $68,254.00 to Horseshoe Construction Inc., of La Porte, Texas for costs associated with the construction contract in excess of the available CDBG funding. 6. Consideration and appropriate action relating to bids received for the Trail's End Sewer Line Replacement Project Dwayne Henderson Staff recommends awarding the construction bid (Project 2 Trail's End Sewer), in the amount of $35,243.00, to Horseshoe Construction Inc., of La Porte, Texas, and authorization to execute all necessary documents. 7. Report from OPWA Manager 8. Report from OPWA Attorney 9. Official Notices (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report -Pay Period Ending Date December 4, 2021 • Monthly Budget Status Report -November 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 December 21, 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 Stree t 12:00 pm on Friday, December 17, 2021. I ann M. Stevens, Cl y l Jerk 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@cityofowasso.com OWASSO PUBLIC WORKS AUTHORITY (OPWA) MINUTES OF REGULAR MEETING Tuesday, December 7, 2021 The Owasso Public Works Authority (OPWA) met in regular session on Tuesday, December 7, 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 12:00 pm on Friday, December 3, 2021. 1. Call to Order Chair Bill Bush called the meeting to order at 7:39 pm. 2. Roll Call Present Absent Chair - Bill Bush None Vice Chair - Kelly Lewis Trustee - Alvin Fruga 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 - November 16, 2021, Regular Meeting B. Approve claims Ms. Lewis moved, seconded by Mr. Dunn to approve the Consent Agenda, as presented with claims totaling $874,130.17. YEA: Bonebrake, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 4. Consideration and appropriate action relating to items removed from the Consent Agenda None 5. Report from OPWA Manager None 6. Report from OPWA Attorney None 7. Official Notices (documents for acknowledgment or information only, no discussion or action will be taken) The Chair acknowledged receipt of the following: • Payroll Payment Report- Pay Period Ending Date November 20, 2021 S. 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 December 7, 2021 Page 2 9. Adjournment Ms. Lewis moved, seconded by Mr. Fruga to adjourn the meeting. YEA: Bonebroke, Dunn, Fruga, Lewis, Bush NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:40 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, December 14, 2021 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, December 14, 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 12:00 pm on Friday, December 10, 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 Councilor/Trustee - Alvin Fruga Vice Mayor /Vice Chair- Kelly Lewis Councilor /Trustee - Doug Bonebrake Councilor/Trustee - Lyndell Dunn A quorum was declared present. 2. Discussion relating to Community Development Items A. Request for annexation (OA 21 -05) - approximately 2 acres located at 12902 East 100th Street North and rezoning (OZ 21 -08) from Residential Estate (RE) to Commercial Shopping (CS) B. Request for a final plat - Go North Business Park, approximately 3.74 acres located at the southwest corner of the intersection of East 106th Street North and North 135th East Avenue C. Request for a final plat - Smith Farm Village, approximately 14.37 acres located at the southeast corner of the intersection of North Garnett Road and East 96th Street North D. Request for a final plat - Keys Landing II, approximately 38.63 acres located on the west side of North 129th East Avenue approximately 1/2 mile south of East 76th Street North. E. Request for rezoning (OZ 21 -09) - approximately 47.97 acres located north of East 106th Street North, and east of US 169, just south of the Tulsa Tech Owasso Campus from Agriculture (AG) to Commercial Shopping (CS) and Residential Multi- Family (RM) Alexa Beemer presented items A, B and C, and discussion was held. Karl Fritschen presented items D and E and discussion was held. It was further explained these items would be placed on the December 21, 2021, City Council agenda for consideration and action. 3. Discussion relating to temporary roadway repairs - East 961h Street North from North 1191h East Avenue to US 169 Roger Stevens presented the item and discussion was held. 4. Discussion relating to a budget amendment in the Half -Penny Sales Tax Fund, Streets Linda Jones -Holt presented the item and discussion was held. It was further explained this item would be placed on the December 21, 2021, City Council agenda for consideration and action. 5. Discussion relating to a proposed economic development services agreement between the Owasso Chamber of Commerce and the City of Owasso Warren Lehr presented the item, and introduced Michael Amberg and Gary Akin to answer City Council inquiries, discussion was held. It was further explained this item would be placed on the January 11, 2022, Worksession agenda for further discussion. Owasso City Council, OPWA & OPGA December 14, 2021 Page 2 6. Discussion relating to City Manager items A. Monthly sales tax report B. City Manager report Warren Lehr introduced Linda Jones -Holt to present item A and discussion was held. Mr. Lehr reported on the Owasso Christmas Parade, and Wreaths Across America event. 7. City Councilor /Trustee comments and inquiries Mr. Dunn commented on the Owasso Christmas Parade and Redbud Festival Park. 8. Adjournment The meeting adjourned at 7:55 pm. Bill Bush, Mayor /Chair Juliann M. Stevens, City Clerk Claims List - 12/21/2021 Fund Vendor Name Payable Description Payment Amount 61 OPWA AMERICAN MUNICIPAL SERVICES LTD COLLECTION SERVICES $498.21 OPWA -Total $498.21 AEP /PSO ELECTRIC USE $1,542.32 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE NOV21 $54.59 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE OCT21 $42.70 CITY GARAGE CITY GARAGE OH CHG NOV21 $195.17 JPMORGAN CHASE BANK MAIL THIS - SHUPPING $10.67 JPMORGAN CHASE BANK MEETING EXPENSE 11/30 $98.56 JPMORGAN CHASE BANK OFFICE DEPOT -CARD STO $9.22 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $111.36 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $757.10 STANDLEY SYSTEMS LLC COPIER MAINTENANCE $296.00 JPMORGAN CHASE BANK AGREEM $50.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $77.25 OPWA ADMINISTRATION -Total $3,194.94 AEP /PSO ELECTRIC USE $146.63 CITY GARAGE CITY GARAGE OH CHG NOV21 $270.24 JPMORGAN CHASE BANK FASTENAL -PARTS $14.79 JPMORGAN CHASE BANK NAIL EVO- EWASTE SVC $5,851.22 JPMORGAN CHASE BANK WELDON - APRTS $70.88 OSI ENVIRONMENTAL INC USED OIL COLLECTION FEE $100.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $55.35 RECYCLE CENTER -Total $6,509.11 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE NOV21 $1,322.53 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE OCT21 $1,517.63 CITY GARAGE CITY GARAGE OH CHG NOV21 $4,299.25 FLEETCOR TECHNOLOGIES FUELMAN EXP NOV21 $4,731.54 JPMORGAN CHASE BANK AMERIFLEX -PARTS $182.35 JPMORGAN CHASE BANK ATWOODS- UNIFORM $209.98 JPMORGAN CHASE BANK BUMP2BUMP- FILTERS $263.27 JPMORGAN CHASE BANK BUMP2BUMP -PARTS $226.69 JPMORGAN CHASE BANK FROST -OIL $875,62 JPMORGAN CHASE BANK OFFICE DEPOT -TONER $166.02 JPMORGAN CHASE BANK OSI ENV -OIL COLLECTIO $50.00 JPMORGAN CHASE BANK PAGERSDIRECT -EQUIP $20.90 JPMORGAN CHASE BANK SEMI TRUCK -WASH $380.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $144.36 REFUSE COLLECTIONS -Total $14,390.14 JPMORGAN CHASE BANK OFFICE DEPOT - REFUND ($3.63) JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $3.63 OFFICE DEPOT INC CLIPBOARDS $3.63 1 Claims List - 12/21/2021 Fund Vendor Name Payable Description Payment Amount 61 OPWA UTILITY BILLING -Total $3.63 AEP /PSO ELECTRIC USE $5,622.97 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE NOV21 $26.83 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE OCT21 $173.85 CITY GARAGE CITY GARAGE OH CHG NOV21 $1,580.92 FLEETCOR TECHNOLOGIES FUELMAN EXP NOV21 $703.50 JPMORGAN CHASE BANK AMERIFLEX -HYD LINE $48.00 JPMORGAN CHASE BANK BUMP2BUMP- BATTERY $105.06 JPMORGAN CHASE BANK GREENHILL- GRAVEL $350.35 JPMORGAN CHASE BANK PAGERSDIRECT -EQUIP $20.69 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $236.59 UNIFIRST HOLDINGS LP UNIFORM SERVICES $87.10 VERDIGRIS VALLEY ELECTRIC COOP COFFEE CREEK ELECTRIC $845.37 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECTRI $215.77 WASTEWATER COLLECTIONS -Total $10,017.20 AEP /PSO ELECTRIC USE $33,961.88 BH MEDIA HOLDING GROUPS, INC TULSA WORLD PUBLICATIONS $26.88 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE NOV21 $7.68 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE OCT21 $17.44 CITY GARAGE CITY GARAGE OH CHG NOV21 $1,364.67 FLEETCOR TECHNOLOGIES FUELMAN EXP NOV21 $497.75 JPMORGAN CHASE BANK ACCURATE ENV- TESTING $230.00 JPMORGAN CHASE BANK SUMP2BUMP- GREASE $11.01 JPMORGAN CHASE BANK GELLCO -BOOTS $14199 JPMORGAN CHASE BANK GREEN CNTRY- TESTING $160.00 JPMORGAN CHASE BANK KOMLINE -GBT BELT $972.51 JPMORGAN CHASE BANK KOMLINE -PARTS $1,169.83 JPMORGAN CHASE BANK LOWES -TOOLS $165.41 JPMORGAN CHASE BANK PAGERSDIRECT -EQUIP $20.89 JPMORGAN CHASE BANK ROYAL FILTER- FILTERS $1,019.55 JPMORGAN CHASE BANK UPS - SHIPPING $97.95 JPMORGAN CHASE BANK UV DOCTORS - REPAIR $550.00 JPMORGAN CHASE BANK WALMART -WATER $18.62 JPMORGAN CHASE BANK WASTE MGMT- SLUDGE DIS $7,406.30 UNIFIRST HOLDINGS LP UNIFORM SERVICES $108.84 WASTEWATER TREATMENT -Total $47,951.20 AEP IPSO ELECTRIC USE $377.60 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE NOV21 $52.97 BLUE ENERGY FUELS LLC CNG FUEL PURCHASE OCT21 $79.23 CITY GARAGE CITY GARAGE OH CHG NOV21 $1,766.25 CITY OF TULSA DEPT OF FINANCE WQA LAB SERVICES $580.00 K Claims List - 12/21/2021 Fund Vendor Name Payable Description Payment Amount 61 OPWA CITY OF TULSA UTILITIES WATER $227,382.25 FLEETCOR TECHNOLOGIES FUELMAN EXP NOV21 $1,349.20 JPMORGAN CHASE BANK ACCURATE ENV - TESTING $850.00 JPMORGAN CHASE BANK AMERIFLEX -HOSES $93.40 JPMORGAN CHASE BANK ATWOODS- HEATERS $49.98 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $26.98 JPMORGAN CHASE BANK COREBMAIN- CLAMPS $267.77 JPMORGAN CHASE BANK COREBMAIN- REGISTERS $303.89 JPMORGAN CHASE BANK GREENHILL- GRAVEL $325.93 JPMORGAN CHASE BANK HOME DEPOT -BOLTS $15.52 JPMORGAN CHASE BANK PAGERSDIRECT -EQUIP $20.89 JPMORGAN CHASE BANK UTILITY SPLY- SETTERS/ $3,032.88 UNIFIRST HOLDINGS LP UNIFORM SERVICES $147.02 VERDIGRIS VALLEY ELECTRIC COOP WATER CONTROL ELECTRI $30.60 WATER -Total $236,752.36 CROSSLAND HEAVY CONTRACTORS WWTP UPGRADE -LS $762,842.84 EXPANSION WWTP UPGRADE -Total $762,842.84 OPWA •Total $1,082,159.63 69 OPWA SALES TAX SUB MORROW PLACE INVESTMENT GROUP DEVELOPMENT AGREEMENT $5,632.77 ACCOUN LLC OPWA ST SUB - DEBT SERV -Total $5,632.77 OPWA SALES TAX SUB ACCOUN -Total $5,632.77 OPWA Grand Total $1,087,792.40 3 TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Juliann M. Stevens, Authority Clerk SUBJECT: 2021 Hale Acres Community Development Block Grant Sewer Line Replacement Project Phase IV Bid Award DATE: December 17, 2021 7eTS73eTZU*W'FBI An item is included on the December 17, 2021 City Council agenda seeking consideration and action to award a construction bid in the amount of $496,102.00 for Phase IV of the Community Development Block Grant (CDBG) Sewer Line Replacement Project in Hale Acres. The City anticipates receiving $414,356.00 in CDBG funding, leaving a balance of $68,254.00 to fully cover the Phase IV construction contract. An item has been included on the December 17, 2021 OPWA agenda seeking authorization to encumber the $68,254.00 from the OPWA Fund in order to cover the remaining balance of the construction contract, if such is awarded by the City Council. RECOMMENDATION: Staff recommends authorization to encumber $68,254.00 from the OPWA Fund for costs associated with the 2021 Hale Acres Community Development Block Grant Sewer Line Replacement Project Phase IV construction contract. TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Bid Award - Trail's End Sewer Replacement Project DATE: December 17, 2021 BACKGROUND: The sewer line that runs between Trail's End Barbeque and Carpet One has collapsed. The line is in a parking area covered with pavement and staff determined the pipe bursting technique could be utilized for this project. While preparing bidding documents for the Hale Acres Phase IV Community Development Block Grant Project, staff learned both pipe bursting projects could be bid together in an effort to receive the most cost competitive bids. SOLICITATION OF BIDS: An advertisement for bids was published in accordance with state statutes. A mandatory pre -bid meeting was held on November 11, 2021, and bids were opened on November 18, 2021, with a total of four (4) contractors submitting bids. The City Engineering staff completed a bid tabulation and Horseshoe Construction Inc., was determined to be lowest qualified bidder for Project 1 (CDBG Project) base bid, additive alternate work and Project 2 (Trail's End Sewer Replacement Project). Staff checked references and spoke with owners of previous projects constructed by Horseshoe Construction. The contractor appears to be a responsive firm who specializes in sanitary sewer rehabilitation projects. BID RESULTS: Project 2 - (Trall's End Sewer) Engineer's Horseshoe T -G Tri -Star Triangle Project 1 - Estimate Construction Excavating Utilities Construction CDBG Project) Base Bids & Alternates $782,062.50 $496,102.00 $588,888.00 $647,419.00 $1,435,326.00 Project 2 - (Trall's End Sewer) Base Bid $78,760.50 $35,243.00 $53,333.00 $52,016.00 $109,965.00 Total $860,823.00 $531,345.00 $642,221.00 $699,435.00 $1,545,291.00 FUNDING: Funding is available in the OPWA Fund. 2021 Trail's End Sewer Page 2 RECOMMENDATION: Staff recommends awarding the Project 2 (Trail's End Sewer) construction bid to Horseshoe Construction Inc., of La Porte, Texas, in the amount of $35,243.00, and authorization to execute all necessary documents. ATTACHMENTS: Site Map Agreement Project 2: Trail's End Sewer Line Replacement Project V = 200 tt Location Map 12/08/2021 s© �F)L M1�••�W, fiw��A Thic inap may represeo:s a visual nisplav of rela7ed geographic info rim ation. Data prodded here cn is not guararaee of acutuaI ,field condiiicns. To be sure of complete accuracy please Cbntactthe resprnsi Gle staff for most up -to -date info rim a *.ion. SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the 21" day of December, 2021, by and between The City of Owasso (hereinafter called OWNER) and Horseshoe Construction, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Hale Acres CDBG Sewer Line Replacement Project CITY OF 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 scope for this work includes two (2) Projects: Project I is a CDBG project complete with federal regulations and Davis Bacon Requirements and Project 2 is a similar project funded with local funds and has to ties to the federal project. Project 1 - This project is the CDBG project provides for furnishing materials and pipe busting the existing 8" sewer line with 8" HDPE pipe as specified, that includes approximately 3,368 L.F. pipe in the Hale Acres subdivision as indicated in the Drawings and Contract Documents. Project includes installing new manholes, services, extending service lines, and reconnecting services. Project also includes plugging the existing sewer line, abandoning manholes, relocating castings and final cleanup. Project has to be bid using Davis -Bacon wage rates (prevailing rates) for the type of work being performed. Payroll submittals will be required along with all the Section 3 paperwork (Under Equal Opportunity Provisions Attachment). Project 2 - This project is a march smaller locally funded project that provides for furnishing materials and pipe busting the existing 8" sewer line with 8" HDPE pipe as specified, that includes approximately 256 L.F. pipe on Garnett, south of Trail's End BBQ as indicated in the Drawings and Contract Documents. Project includes installing new manholes, services, extending service lines, and reconnecting services. Project also includes plugging the existing sewer line, abandoning manholes, relocating castings and f nal cleanarp. No prevailing wages or other federal requirements govern. AGREEMENT 1021 00300 —Page 1 of 16 The two projects have to be constructed independently of each other and funds cannot co- mingle. Project I must be constructed and substantially completed before work can begin on Project 2. ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his/her duly authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within One Hundred and Fifty (150) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within One Hundred and Eighty (180) 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 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 Five Hundred Thirty -One Thousand, Three Hundred Forty -Five Dollars and No/100, ($531, 345.00). AGREEMENT 1021 00300 —Page 2 of 16 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 City of Owasso'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 amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 97.5% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 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 1021 00300 — Page 3 of 16 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. 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: 1021 00300 — Page 4 of 16 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). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 15, inclusive, and Standard Drawings. 7.21 Addendum Numbers 1 to 1, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages I to 1 inclusive). AGREEMENT 1021 00300 -Page 5 of 16 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself /herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his/her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. AGREEMENT 1021 00300 —Page 6 of 16 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 December 21st, 2021. OWNER: By Bill Bush, Mayor (SEAL) ATTEST: Juliann M. Stevens, City Clerk Approved as to form: Julie Lombardi, City Attorney Address for giving notices: 302 W. 2"d St. Owasso, OK 74055 CONTRACTOR: By (SEAL) Title 1021 00300 — Page 7 of 16 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT 'PAY PERIOD ENDING DATE 12104121 Department Payroll Expenses Total Expenses 400 OPWA Administration 16,674.30 25,043.33 405 Utility Billing 7,778.40 13,184.14 420 Water 17,058.63 28,279.43 450 Wastewater 13,416.15 22,517.37 455 Wastewater Collection 12,249.21 21,342.49 480 Refuse 16,779.02 28,153.92 485 Recycle Center 2,651.20 4,886.93 143,407.61 FUND TOTAL 86,606.91 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY - OPERATING FUND FISCAL YEAR 2021 -2022 Budgetary Basis Statement of Revenues & Expenses As of November 30, 2021 LONG -TERM DEBT PROCEEDS AND EXPENDITURES: Proceeds of long -term debt Expenditures of long -term debt TOTAL LONG -TERM DEBT PROCEEDS AND EXPENDITURES NET INCOME (LOSS) ENCUMBRANCES OUTSTANDING BOND PROCEEDS RECEIVABLE FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance $ 1,379,031 $ 8,627,035 $ 37,170,693 (1,332,506) (7,082,458) (33,135,261) $ 46,525 $ 1,544,578 $ 4,035,432 $ 442,356 $ 3,954,357 $ (1,695,154) $ (23,614,053) $ 20,949,707 6,575,164 6,575,164 $ 7,865,175 $ 4,880,010 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET OPERATING REVENUES: Water. $ 652,071 $ 3,778,428 $ 7,341,475 51.47% Wastewater 479,261 2,360,156 5,387,234 43.81% Refuse 219,760 1,107,716 2,513,437. . 44.07% Recycle 9,331 29,898 36,903'''. 81.027. Other Utility fees 16,890 89,782 280,659 31.99% TOTAL OPERATING REVENUES _ $ 1,377,313 $ 7,365,980 $ 15,559,708 47.347. OPERATING EXPENSES: OF WA administration - $ (85,508) $ (568,531) $ (2,161,292) 26.31% Utility Billing (42,287) (202,023) (495,454) 40.78% Water (328,657) (1,829,774) (4,600,561) 39.77% Wastewater Treatment (123,504) (532,199) (1,414,542) 37.627 Wastewater Collections (66,808) (369,881) (8,004,844). 4.62 %, Refuse (105,118) (461,421) (1,347,987) 34.23% Recycle (9,808) (65,813) (751,281) 8.76% Debt payments (240,633) (1,114,147) (5,222,200) 21.337 TOTAL OPERATING EXPENSES - $ (1,002,324) $ (5,143,790) $ (23,998,161) 21.43% OPERATING REVENUES OVER /(UNDER) EXPENDITURES $ 374,989 $ 2,222,190 $ (8,438,453) NONOPERATING REVENUES (EXPENSES): Interest $ 2,449 $ 11,746 $ 27,670 42.457. Other revenues /(expenses) 3,591 63,887 - 24,838 257.21% TIF revenues /(expenses) 14,802 111,956 (386,641) " - 28.96% Transfers in - - 3,042,000 0.00% Transfers out - - - #DIV /0! TOTAL NONOPERATING REVENUES (EXPENSES) $ 20,842 $ 187,589 $ 2,707,867 LONG -TERM DEBT PROCEEDS AND EXPENDITURES: Proceeds of long -term debt Expenditures of long -term debt TOTAL LONG -TERM DEBT PROCEEDS AND EXPENDITURES NET INCOME (LOSS) ENCUMBRANCES OUTSTANDING BOND PROCEEDS RECEIVABLE FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance $ 1,379,031 $ 8,627,035 $ 37,170,693 (1,332,506) (7,082,458) (33,135,261) $ 46,525 $ 1,544,578 $ 4,035,432 $ 442,356 $ 3,954,357 $ (1,695,154) $ (23,614,053) $ 20,949,707 6,575,164 6,575,164 $ 7,865,175 $ 4,880,010