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Home My WebLink About2023.09.05_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY (OPWA) Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, September 5, 2023 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, ortabling. F\ECEIVED AGENDA 1. Call to Order - Chair Kelly Lewis AUG 31 2023 �S 2. Roll Call C:i, Clerk's Office 3. Consideration and appropriate action relating to 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 - August 15, 2023, Regular Meeting B. Approve claims 4. Consideration and appropriate action relating to items removed from the Consent Agenda 5. Consideration and appropriate action relating to an agreement for easement acquisition services for the 117th Sanitary Sewer Force Main Project Roger Stevens Staff recommends approval of the Services Agreement with Universal Field Services, Inc. of Tulsa, Oklahoma, in an amount not to exceed $54,750.00, and authorization to execute all necessary documents. 6. Report from OPWA Manager 7. Report from OPWA Attorney 8. Official Notices (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date August 12, 2023, and August 26, 2023 9. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 10. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 9, 2022, and the Agenda posted at City Hall, 200 South Main Street, at 5:00 p Thursday, August 31, 023. Ali nn M. Stevens, Ci lerk particip The City of Owasso encourages citizen ation. To request n accommodation due to a disability, contact the City Clerk poor to the scheduled meeting by phone 918- 376 -1502 or by email toistevens@citvofowasso.com OWASSO PUBLIC WORKS AUTHORITY (OPWA) MINUTES OF REGULAR MEETING TUESDAY, AUGUST 15, 2023 The Owasso Public Works Authority (OPWA) met in regular session on Tuesday, August 15, 2023, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 9, 2022; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 5:00 pm on Friday, August 11, 2023. 1. Call to Order Chair Kelly Lewis called the meeting to order at 7:25 pm. 2. Roll Call - A quorum was declared present. Present Absent Chair - Kelly Lewis None Vice Chair - Alvin Fruga Trustee - Doug Bonebrake Trustee - Lyndell Dunn Trustee - Paul Loving Staff: Authority Manager - Warren Lehr 1 Authority Attorney - Julie Lombardi 3. Consideration and appropriate action relating to 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- August 1, 2023, and August 8, 2023, Regular Meetings B. Approve claims C. Declare the following equipment and vehicles as surplus to the needs of the Authority and authorize disposal via online auction: VEHICLES: EQUIPMENT: • 2012 Ford F150 VIN: I FTFW I EF3CFB16225 Generac 440FDR802 I GG -A915W Generator: TM 3436983 • 2012 Chevy Silverado VIN: 3GCPCPEDYCG292599 GTS 400 Transfer Switch: 6412 • 2009 Ford F250 VIN: 1 FTSX205X9EA42672 2003 Kohler 60RZG Generator: 0764061 . 2014 Ford F 150 VIN: 1 FTEX 1 EM3EKG07993 2003 Case Backhoe: JJG031 1030 • 2008 GMC Canyon VIN: I GTDT33EX88191487 • 2018 Ford F150 VIN: I FTFX I E54JKE95664 • 2014 Ford F350 VIN: I FD8W3D63EE836520 1988 Ford L8000 Cab on Chassis VIN: 1 FDYU82A3JVA 17628 Mr. Loving moved, seconded by Mr. Dunn to approve the Consent Agenda as presented, with claims totaling $923,315.79. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis 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 - The Chair acknowledged receipt of the following: • Payroll Payment Report- Pay Period Ending Date July • Monthly Budget Report - July 2023 8. New Business None 9. Adjournment Mr. Dunn moved, seconded by Mr. Fruga to adjourn the meeting. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:26 pm. Kelly Lewis, Chair Juliann M. Stevens, Authority Clerk Owasso Public Works Authority August 15, 2023 Page 2 Fund 61 Claims List - 09105/2023 Vendor Name Payable Description Payment Amount OPWA GREELEY & HANSEN LLC LBX 619776 ELM CREEK SEWER REHAB $4,397.31 ELM CREEK INTERCEPTOR -Total $4,397.31 AEP IPSO ELECTRIC USE $2,451.24 CITY OF OWASSO ADMIN OVERHEAD $25,000.00 COX COMMUNICATIONS PHONE USAGE $26.43 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $251.97 JPMORGAN CHASE BANK COMM POWER - GENERATOR $1,034.99 JPMORGAN CHASE BANK CORNERSTONE -PARTS $141.48 JPMORGAN CHASE BANK ENDRESS -GAS REGULATOR $991.52 JPMORGAN CHASE BANK MEETING EXP 8/3 $330.00 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $157.37 JPMORGAN CHASE BANK SAMS- SUPPLIES $182.68 JPMORGAN CHASE BANK SUNDANCE- SUPPLIES $38.37 JPMORGAN CHASE BANK WALMART- LUNCHEON $15.88 JPMORGAN CHASE BANK WALMART- SUPPLIES $38.52 STANDLEY SYSTEMS, LLC COPIER SERVICES $177.35 TERMINIX PEST CONTROL $128.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $104.74 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $24.51 OPWA ADMINISTRATION -Total $31,095.05 BECK ASSOCIATES ARCHITECTS, PLLC DESIGN SERVICES $21,684.13 OPWA BUILDING RENOVATION -Total $21,684.13 BANCFIRST 800469017/09B $55,960.40 BANCFIRST 800470015/09C $23,361.34 BANCFIRST 800471013/SANTA FE $14,375.74 BANCFIRST 800472011 /RANCH CREEK $25,377.32 BANCFIRST 800780017/19C $120,699.80 OPWA DEBT SERVICE -Total $239,774.60 BECK ASSOCIATES ARCHITECTS, PLLC DESIGN SERVICES $394.26 PUBLIC WORKS FACILITY -Total $394.26 DOERNER, SAUNDERS, DANIEL & LEGAL SERVICES $866.79 RANCH CRK INTCPT UPGRADE -Total $866.79 AEP /PSO ELECTRIC USE $285.37 COX COMMUNICATIONS PHONE USAGE $3.78 JPMORGAN CHASE BANK NATURAL EVOL- DISPOSAL $1,066.00 JPMORGAN CHASE BANK SEMI CRAZY -CAR WASH $90.00 JPMORGAN CHASE BANK WASTE MGMT - DISPOSAL $1,558.27 TERMINIX PEST CONTROL $89.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $73.45 RECYCLE CENTER -Total $3,165.87 1 Claims List - 09/05/2023 Fund Vendor Name Payable Description Payment Amount 61 OPWA COX COMMUNICATIONS PHONE USAGE $3.78 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $4,368.57 JPMORGAN CHASE BANK AMAZON- SUPPLIES $30.83 JPMORGAN CHASE BANK BUMPER -AC COMPRESS $683.40 JPMORGAN CHASE BANK BUMPER -MUD FLAPS $46.98 JPMORGAN CHASE BANK BUMPER -OIL $393.00 JPMORGAN CHASE BANK BUMPER -PARTS $373.77 JPMORGAN CHASE BANK BUMPER- SUPPLIES $46.90 JPMORGAN CHASE BANK BUMPER -ZIP TIES $22.96 JPMORGAN CHASE BANK CUMMINS -CNG ENGINES $1,972.02 JPMORGAN CHASE BANK FASTENAL -PARTS $58.75 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $50.24 JPMORGAN CHASE BANK HARD HAT -SAFE GLOVES $70.00 JPMORGAN CHASE BANK HOME DEPOT -HITCH $60.43 JPMORGAN CHASE BANK HOME DEPOT -PARTS $58.24 JPMORGAN CHASE BANK HOME DEPOT -TRASH CAN $58.47 JPMORGAN CHASE BANK HOOTEN -OIL $550.00 JPMORGAN CHASE BANK KIMS INTER -HOSES $604.47 JPMORGAN CHASE BANK LOWES -TRUCK PARTS $59.92 JPMORGAN CHASE BANK MYERS TIRE -TIRES $1,666.54 JPMORGAN CHASE BANK PAGERSDIRECT -PAGER $26.05 JPMORGAN CHASE BANK SAMS- SUPPLIES $28.78 JPMORGAN CHASE BANK SHOE CARNIVAL -BOOTS $89.98 JPMORGAN CHASE BANK TULSA RETAIL -ARM PART $3,114.57 JPMORGAN CHASE BANK USCELL -PHONE CASE $244.98 JPMORGAN CHASE BANK W&B -AC LINE $339.40 JPMORGAN CHASE BANK WASTE MGMT- DISPOSAL $14,964.59 SPOK INC. PAGER USE $78.96 UNIFIRST HOLDINGS LP UNIFORM SERVICES $208.26 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $28.19 REFUSE COLLECTIONS -Total $30,323.03 COX COMMUNICATIONS PHONE USAGE $18.85 JPMORGAN CHASE BANK WALMART- SUPPLIES $54.88 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES $3,764.35 UTILITY BILLING -Total $3,838.08 AEP /PSO ELECTRIC USE $6,187.24 COX COMMUNICATIONS PHONE USAGE $7.55 FLEET FUELS LLC GASOLINE /FUEL $816.07 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $1,105.07 JAMES A. OZBUN PUMP #1 - SVC ROAD LS $3,180.00 JPMORGAN CHASE BANK ACCURATE -DEQ LICENSE $455.00 2 Claims List - 09105/2023 Fund Vendor Name Payable Description Payment Amount 61 OPWA JPMORGAN CHASE BANK AMAZON- MANHOLE $107.08 JPMORGAN CHASE BANK AMAZON- SUPPLIES $30.83 JPMORGAN CHASE BANK ATWOOD -BOLT $0.57 JPMORGAN CHASE BANK CORE &MAIN- HYDRANT $316.00 JPMORGAN CHASE BANK CORE &MAIN- HYDRANTS $1,635.00 JPMORGAN CHASE BANK CORE &MAIN -PARTS $2,224.26 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $50.24 JPMORGAN CHASE BANK HARD HAT -SAFE GLOVES $70.00 JPMORGAN CHASE BANK INTERSTATE- BATTERY $96.60 JPMORGAN CHASE BANK KEY EQUIP -HOSE REEL $580.70 JPMORGAN CHASE BANK KEY EQUIP -ROOT CUTTER $160.26 JPMORGAN CHASE BANK LOCKE- COUPLING $95.95 JPMORGAN CHASE BANK LOCKE- SCREWS $10.26 JPMORGAN CHASE BANK LOWES -LB WELD $8.68 JPMORGAN CHASE BANK LOWES -PLUG $4.88 JPMORGAN CHASE BANK LOWES- SCREWS $21.98 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $351.03 JPMORGAN CHASE BANK OREILLY- CLEANERS $17.98 JPMORGAN CHASE BANK OREILLY- GASKET MAKER $10.99 JPMORGAN CHASE BANK PAGERSDIRECT -PAGER $26.03 JPMORGAN CHASE BANK RED WING -BOOTS $510.00 JPMORGAN CHASE BANK WALMART- CANOPY $129.00 LOT MAINTENANCE OF OKLAHOMA, INC. CLEANING LIFT STATION $2,800.00 SPOK INC. PAGER USE $78.96 UNIFIRST HOLDINGS LP UNIFORM SERVICES $200.43 WASHINGTON CO RURAL WATER DISTRICT COFFEE CREEK LS WATER $20.56 WASHINGTON CO RURAL WATER DISTRICT MAGNOLIA LS WATER $20.56 WASHINGTON CO RURAL WATER DISTRICT MORROW LS WATER $17.62 WASTEWATER COLLECTIONS -Total $21,347.38 AEP /PSO ELECTRIC USE $47,087.17 AT &T PHONE USE $78.86 COX COMMUNICATIONS PHONE USAGE $15.10 DEPARTMENT OF ENVIRONMENTAL WW & WATER CERT $92.00 QUALITY FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $739.02 JPMORGAN CHASE BANK ACCURATE - TESTING $305.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $30.83 JPMORGAN CHASE BANK AMAZON - SWEEPER $435.00 JPMORGAN CHASE BANK AMERIFLEX -HOSE $1,027.50 JPMORGAN CHASE BANK AQUAFIX- TESTING $1,400.00 JPMORGAN CHASE BANK ATWOOD -PUMP $69.99 JPMORGAN CHASE BANK AUTOZONE -SEAT COVER $76.99 3 Fund 61 OPWA Claims List - 09105/2023 Vendor Name Payable Description Payment Amount JPMORGAN CHASE BANK BLUEBOOK- REAGENTS $478.54 JPMORGAN CHASE BANK CORE &MAIN -HOSE CLAMPS $587.00 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $50.24 JPMORGAN CHASE BANK HARD HAT -SAFE GLOVES $70.00 JPMORGAN CHASE BANK LOWES -FUSE $26.48 JPMORGAN CHASE BANK LOWES -HOSE CLAMPS $44.20 JPMORGAN CHASE BANK LOWES -SUMP PUMP $184.00 JPMORGAN CHASE BANK LOWES -TOOLS $395.90 JPMORGAN CHASE BANK NCL- REAGENTS $79.06 JPMORGAN CHASE BANK ODP- BATTERIES $21.12 JPMORGAN CHASE BANK OREILLY -DEF FOR TRUCK $27.98 JPMORGAN CHASE BANK PAGERSDIRECT -PAGER $26.03 JPMORGAN CHASE BANK REXEL- BLOWER $114.59 JPMORGAN CHASE BANK SAMS - BATTERIES $21.31 JPMORGAN CHASE BANK VACMOTION- FILTERS $70.35 JPMORGAN CHASE BANK WASTE MGMT- DISPOSAL $8,151.95 SPOK INC. PAGER USE $101.11 UNIFIRST HOLDINGS LP UNIFORM SERVICES $441.62 WASTEWATER TREATMENT -Total $62,248.94 AEP IPSO ELECTRIC USE $390.44 BILLY BASORE JULY DIRT $86.67 COX COMMUNICATIONS PHONE USAGE $7.55 FLEET FUELS LLC GASOLINEIFUEL $816.07 FLEETCOR TECHNOLOGIES FUEL CHARGES JULY 23 $1,386.10 JPMORGAN CHASE BANK AMAZON -BOOTS $173.35 JPMORGAN CHASE BANK AMAZON- SUPPLIES $30.85 JPMORGAN CHASE BANK AMERIFLEX -PARTS $143.45 JPMORGAN CHASE BANK CORE &MAIN -METER CAN $280.00 JPMORGAN CHASE BANK CORE &MAIN -METER SETS $1,360.80 JPMORGAN CHASE BANK CORE &MAIN -POLY LINE $240.00 JPMORGAN CHASE BANK CORE &MAIN - RESETTER $137.00 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $50.24 JPMORGAN CHASE BANK HARD HAT -SAFE GLOVES $70.00 JPMORGAN CHASE BANK INTERSTATE- BATTERIES $17.40 JPMORGAN CHASE BANK PAGERSDIRECT -PAGER $26.03 JPMORGAN CHASE BANK VERMEER -PARTS $56.73 SPOK INC. PAGER USE $109.14 UNIFIRST HOLDINGS LP UNIFORM SERVICES $201.10 WATER -Total $5,582.92 GREELEY & HANSEN LLC LBX 619776 WWTP & LIFT STATION $2,591.05 WWTP UPGRADE -Total $2,591.05 4 Claims List - 09/05/2023 Fund Vendor Name Payable Description Payment Amount 61 OPWA -Total $427,309.41 67 OPWA SALES TAX BANCFIRST 800650012/2016 NOTE $229,335.08 BANCFIRST 800730038/2018 NOTE $94,718.33 BANCFIRST 800826026/2020 NOTE $93,424.88 OPWA STF DEBT SERVICE -Total $417,478.29 OPWA SALES TAX -Total $41747829 69 OPWA SALES TAX SUB MORROW PLACE INVESTMENT GROUP LLC DEVELOPMENT AGREEMENT $5,830.33 ACCOUN OPWA STSUB -DEBT SERV -Total $5,630.33 OPWA SALES TAX SUB ACCOUN - Total $5,830.33 OPWA Grand Total $850,618.03 TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Roger Stevens, Public Works Director SUBJECT: 1 17th Sanitary Sewer Force Main Project Easement Consultant Agreement - Universal Field Services, Inc. DATE: August 31, 2023 BACKGROUND: March 2021, Owasso Public Works Authority approved an engineering design agreement with Kellogg Engineering, Inc. June 2023, staff received easement documents for 8 needed parcels August 2023, staff met with Universal Field Services, Inc, and negotiated an agreement for consultant services to obtain the needed easement and a fee for services AGREEMENT /SCOPE OF WORK: Staff received a formal agreement from Universal Field Services, Inc. with the following scope of work for easement services: • Order and review appraisals; • Order and review title reports; • Survey easement as necessary; • Make initial contact with property owner; • Offer a donation letter to each property owner (in lieu of payment); • Assist City with offers for easements; • Work with City staff with any changes affecting the parcels; • Keep staff informed of all negotiations, contacts and documentation; and • File all necessary documents at the courthouse. The fee for services is a not to exceed amount of $54,750.00, which includes appraisals, title reports and land acquisition services. FUNDING: Funding for the land acquisition services is included in the project budget in the Owasso Public Work Authority Fund. RECOMMENDATION: Staff recommends approval of the Service Agreement with Universal Feld Services, Inc. of Tulsa, Oklahoma, in an amount not to exceed $54,750.00, and authorization to execute all necessary documents. ATTACHMENTS: Location Map Service Agreement 117th Force Main Replacement V = 522 ft Sub Title 07/28/2023 sQ Pd4 PnM. RE�d4 0�l+u,A. This map may r resents a visual display of related geographic information. Data provided here on is not gu arairee of actual field conditions. To be sure of complete accuracy, please contact the responsible sta #for most up-to-date information. SERVICE AGREEMENT THIS SERVICE AGREEMENT (this "Agreement ") dated as of the 5 °i day of September, 2023, (the "Effective Date ") is made and entered into by and between Universal Field Services, Inc., an Oklahoma corporation ( "Universal") and Owasso Public Works Authority, ( "Client "). Universal and Client are also sometimes referred to herein individually as a "Party" and collectively as the "Parties ". WHEREAS, Client desires to engage Universal for the performance of work and /or for the provision of services, which may include the furnishing of labor, equipment, vehicles, instruments, materials, supplies, or other products as more particularly described herein (collectively "Services "); and WHEREAS, Universal is in the business of performing Services, and desires to perform Services for Client in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises contained herein, the Parties agree as follows: 1. Term. The term of this Agreement shall commence upon the Effective Date and shall continue in full force and effect until terminated by either Party upon thirty (30) days prior notice to the other Party; provided, that neither Party shall be relieved of any of its respective obligations and liabilities arising hereunder prior to the effective date of any such termination. 2. Scone of Agreement. This Agreement supersedes all prior service agreements, subcontract agreements and similar agreements covering Services to be performed by Universal for Client. Unless otherwise agreed to in writing by the Parties, this Agreement shall also govern any Services being provided by Universal to Client as of the Effective Date. 3. Work Requests and Change Orders. (a) Work Requests. When Client desires Services to be performed by Universal, Client shall give Universal a request for such Services. The request shall be in the form of a written work request, purchase order, or other written document (each, along with any appropriately issued Change Order, a "Work Request "). Upon agreement between Client and Universal regarding the specific terms of the Work Request, Universal shall thereafter commence the performance of the Services in accordance with the terms and conditions of the Work Request and this Agreement. Unless otherwise agreed in the Work Request, Universal shall provide all labor, maintenance, supervision, and all equipment, materials, supplies, instruments, vehicles, and facilities needed to perform the Services in accordance herewith. (b) Change Orders. Client may during the performance of any Services make changes to the Services as described in the Work Request without invalidating this Agreement or such Work Request by providing Universal with a written authorization (a 1015 -0001 "Change Order ") from Client. All such Change Orders will become a part of the applicable Work Request. (c) Time of Performance. Universal shall initiate Services upon notice by Client to do so and shall exert all commercially reasonable efforts to complete all of the Services by the date set forth in the applicable Work Request. 4. Compensation. Client shall pay Universal the fee agreed upon in the Work Request by Client and Universal (the "Fee "). In the event of termination prior to completion of the Services, Client shall pay Universal for Services performed up to the effective date of termination (based upon the amount of Services completed prior thereto) except to the extent any amounts owed are being contested in good faith by Client. Unless otherwise mutually agreed to in writing, the Fee shall be inclusive of all sales, use and other taxes, which shall be the sole responsibility of Universal. 5. Billing and Payment. (a) Invoices. In accordance with the Fee set forth in the Work Request, Universal shall submit invoices to Client within fifteen (15) days after the end of any month in which Universal performed Services hereunder, along with appropriate documentation supporting the invoiced charges. Universal shall also furnish satisfactory written evidence that all bills for labor and material for which Universal is responsible in connection with its performance of the Services have been paid. (b) Payment. Except as may otherwise be set forth in the applicable Work Request, Client shall pay such invoices net thirty (30) days after its receipt thereof, provided that (i) the invoice conforms to the requirements specified in this Article 5; and (ii) Client has been furnished all data that may have been requested by it under the terms of this Agreement and the applicable Work Request. 6. Record Keening and Audit. Universal shall keep accounting books, records, receipts, time logs, etc. related to its performance of the Services and any expenses charged to Client hereunder in accordance with commonly accepted accounting and industry practices and shall retain such records for a period of at least three (3) years following completion of the Services. Client and its designated representatives shall have the right during normal business hours to inspect, copy, and audit the records of Universal pertaining to the Services rendered hereunder and /or the accuracy of any invoice or payment. 7. Independent Contractor. (a) Status of Parties. It is understood and agreed that Universal is an independent contractor in the performance of each and every part of this Agreement, and that Universal's employees shall be subject to Universal's sole and exclusive supervision, direction, and control, and shall not be deemed, in fact or in law, to be employees of Client. Universal shall have no authority to represent or bind the Client or its parent, subsidiaries, or affiliates. (b) Universal's Workers. Client may, upon verbal notice to Universal (with written notification to follow), demand from time to time that Universal immediately remove any or all of Universal's employees from servicing this Agreement. Universal shall promptly replace the individual(s) for the remainder of the assignment. It is expressly agreed that neither Universal nor any of Universals employees shall be entitled to any Client benefits normally extended by Client to its own employees and that the Fee is the total consideration payable hereunder. 8. Liability and Indemnity. In those matters in which a Party is required to indemnify the other Party, the indemnifying Party shall release, protect, defend, indemnify, and hold harmless the indemnified Party and its Group (as defined below) from and against any and all Claims (as defined below) against the indemnified Party or any member of its Group, and shall pay all costs, expenses, fines, penalties, and interest incidental thereto and judgments resulting therefrom (including, without limitation, court costs and reasonable attorneys' fees incurred in the defense of any such Claims). (a) Definitions. (i) "Claims" shall mean any and all losses, expenses, costs, damages, liabilities, claims, demands, liens, causes of action, suits, judgments, settlements, regulatory proceedings, citations, orders, decrees, and taxes, of any nature, kind, or description (including without limitation, reasonable attorney fees, court costs, fines, penalties, interest, cleanup, remediation, debris removal, and well control) that may be brought or asserted against an indemnitee by any person or legal entity whomsoever. (ii) "Client Group" shall include Client, its parent, subsidiaries, and affiliates, and its and their owners, partners, joint venturers, contractors, and subcontractors (other than Universal and its contractors and subcontractors), and entities for whom Client is performing services, and the owners, shareholders, directors, officers, employees, agents, representatives, and invitees of all the foregoing. (iii) "Universal Group" shall include Universal, its parent, subsidiaries, and affiliates, and its and their owners, co- lessees, partners, joint venturers, contractors, and subcontractors, and the owners, shareholders, directors, officers, employees, agents, representatives, and invitees of all the foregoing. (b) Indemnification by Universal. Universal shall protect, defend and indemnify Client Group from and against all claims that arise from or are related to the Services performed under this Agreement or any Work Request and that are caused by or arise from the gross negligence or willful misconduct of Universal Group resulting in bodily injury, death or property loss or damage. 3 (c) Indemnification by Client. Client shall protect, defend and indemnify Universal Group from and against all claims that arise from or are related to this Agreement or any Work Request and that are caused by or arise from the gross negligence or willful misconduct of Client Group resulting in bodily injury, death or property loss or damage. (d) Joint or Concurrent Negligence. If a claim or cause of action of the nature described in Section 8(b) or 8(c) above of this Article 8 arises out of joint or concurrent gross negligence or joint or concurrent willful misconduct of Universal Group and Client Group, each Party shall indemnify the other Party to the extent of the indemnifying Party's or its Group's gross negligence or willful misconduct. Neither Client nor Universal shall be obligated to indemnify the other Party or its Group for any cause of action arising from the sole gross negligence of the indemnified Party or its Group. (e) Conformity to Applicable Law. The indemnity obligations established under this Article 8 shall conform to any limits established by applicable law but otherwise shall be without monetary limit and without regard to whether the indemnitor may be strictly liable. (f) Participation. The indemnified Party shall have the right, at its option and at its sole expense, to participate in the defense of each such Claim. (g) Enforceability Amendment. To the extent permitted by applicable law, the indemnity and insurance provisions contained herein shall be liberally construed. Universal and Client agree that said indemnities shall be supported by insurance with minimum limits not less than the amounts required under Article 9 below; otherwise, the types and amounts of insurance required herein shall in no way limit either Party's indemnity obligations as stated above. If either the limit or extent of the indemnities or the insurance requirements hereunder is found to exceed the maximum limit or coverage permissible under applicable law, the subject indemnities and/or insurance requirements shall automatically be amended to the extent necessary to make them enforceable. (h) Notice; Attorney Fees. Each Party shall notify the other Party of any Claim that may be presented to or served upon it arising out of or as a result of Services performed hereunder, affording such other Party full opportunity to assume the defense of such Claim and to protect itself under the obligations of this Agreement. In the event that the defense and indemnity of the indemnitee under the applicable indemnity provisions herein is tendered to the indemnitor and the indernitor denies or otherwise does not unconditionally accept the tender, then in addition to the indemnity and costs of defense owed by the indemnitor, the indemnitor shall also be obligated to pay all costs and expenses, including reasonable attorney fees, incurred by the indemnitee in pursuing its claim for indemnity against the indemnitor. S 9. Insurance. (a) During the term of this Agreement, Universal agrees to maintain in full force and effect during the term of this Agreement, at Universal's sole cost and expense, insurance of the types and in the minimum amounts provided for below: (i) Workers' Compensation and Employer's Liability Insurance with coverage limits of not less than $1,000,000 per occurrence, and workers' compensation insurance satisfying the legal requirements of each state or location in which Services are to be performed, including an alternative employer /borrowed servant endorsement. (ii) Commercial General Liability Insurance, including bodily injury and property damage, with minimum limits, not less than $1,000,000 per occurrence. (iii) Automobile Liability Insurance with minimum limits not less than $1,000,000, and including bodily injury, property damage, and contractual auto liability, for all owned, hired and non -owned vehicles that will be used in the performance of Services hereunder. (iv) If any Work Request requires the independent rendering or independent implementation of any professional service, Universal shall provide professional liability insurance with a minimum limit of $5,000,000 per occurrence /$5,000,000 annual aggregate. (v) Such other insurance coverages as may be required pursuant to the applicable Work Request. (b) All insurance policies related to the Services shall: (i) provide a minimum of thirty (30) days' notice to Client prior to cancellation or material change, (ii) except for Workers' Compensation coverage, name Client Group as an additional insured without respect to any limit in the insurance policy, (iii) contain a waiver of subrogation as to Client Group, and (iv) be considered primary insurance in relation to any other insurance providing coverage to any member of Client Group. The cost for any and all deductibles in Universal's insurance shall be solely for the account of Universal. (c) Universal shall furnish Client with certificates of insurance evidencing the insurance required herein. In the event that Universal fails to provide Client with such certificates, Client has the right, but not the obligation, after five (5) days written notice to Universal, to obtain insurance on behalf of Universal, and to charge the cost to Universal. 10. Liens. Universal agrees to pay all just Claims for labor and/or materials furnished to Universal in connection with the performance of Services hereunder, and to allow no lien or charge for same to be filed against or fixed upon any property of Client Group or of G any customer of Client. Universal agrees to release, defend, indemnify and hold harmless Client Group from and against any and all such Claims and liens (including, without limitation, any legal or other fees incurred by the Client Group to have such claims and liens removed or satisfied, including investigation thereof). 11. Taxes and Claims. Notwithstanding anything herein to the contrary, Universal shall be responsible for and pay all taxes and duties levied or assessed by any governmental authority in connection with or incident to the performance of any Services under this Agreement. Universal shall release, defend, indemnify and hold harmless Client Group from any and all Claims for all income, sales, use or any other taxes assessed or levied by any governmental authority against Universal or its subcontractors or against Client for or on account of any transaction contemplated hereby. 12. Confidentiality. (a) Definitions. (i) "Confidential Information" means all Business Information and Technology Information as defined below. (ii) "Business Information" means all information relating to the disclosing Party's business operations, assets and/or financial condition including, without limitation: all business plans, marketing strategies, financial statements and balance sheets, books and records, costs, pricing and pricing strategies, and other financial information; the identity of all actual and potential customers, consultants and employees, suppliers, manufacturers, dealers, resellers and distributors; all mailing lists, account information, and customer records; and all contracts, including the terms, conditions and status thereof. (iii) "Technology Information" means all information relating to technology owned, licensed or otherwise controlled by the disclosing Party, including, without limitation: all technical knowledge, data, data model(s), inventions, discoveries, product designs, capabilities and specifications, processes, procedures and concepts, including those incorporated in or manifested or represented by any product; all computer programs (both source and object codes), their organization, structure, sequence, logic, coherence, look and feel, subroutines, algorithms, formulas, design, concept and know -how; all written materials, instruction manuals, blueprints, schematic drawings, technical and/or design specifications, and design criteria; and all unpublished or draft patent applications, and all disclosures and other information contained therein. (b) Scope of Obligation. The Parties agree to maintain the confidentiality of the Confidential Information and to protect as a trade secret any portion of the other Party's Confidential Information by preventing any unauthorized copying, use, distribution, :.1 installation or transfer of possession of such information. Each Party agrees to maintain at least the same procedures regarding Confidential Information that it maintains with respect to its own Confidential Information, but in no event less than a reasonable standard of care. Without limiting the generality of the foregoing, neither Party shall permit any of its personnel to remove any proprietary or other legend or restrictive notice contained or included in any material provided by the disclosing Party and the receiving Party shall not permit its personnel to reproduce or copy any such material except as expressly authorized hereunder. A Party's Confidential Information may only be used by the other party in order to fulfill its obligations under this Agreement. (c) Exceptions. Confidential Information shall not include any information that: (a) is already known to the receiving Party or its affiliates, to be free of any obligation to keep it confidential; (b) is or becomes publicly known through no wrongful act of the receiving Party or its affiliates; (c) is received by the receiving Party from a third party without any restriction on confidentiality; (d) is independently developed by the receiving Party or its affiliates; (e) is disclosed to third parties by the disclosing Party without any obligation of confidentiality; or (f) is approved for release by prior written authorization of the disclosing Party. (d) Residual Rights. Each Party acknowledges that the other may, as a result of its receipt of or exposure to the other party's Confidential Information, increase or enhance the knowledge and experience retained in the unaided memories of its directors, employees, agents or contractors. Notwithstanding anything to the contrary in this Agreement, each Party and its directors, employees, agents, or contractors may use and disclose such knowledge and experience in such Party's business, so long as such use or disclosure does not involve specific Confidential Information received from the other Party. The disclosing Party will not have rights in such knowledge and experience acquired by the recipient Party, nor rights in any business endeavors of the recipient Party which may use such knowledge and experience, nor rights to compensation related to the recipient Party's use of such knowledge and experience. (e) Irreparable Harm. Both parties acknowledge that any use or disclosure of the other Party's Confidential Information in a manner inconsistent with the provisions of this Agreement may cause the non - disclosing Party irreparable damage for which remedies other than injunctive relief may be inadequate, and both Parties agree that the non- disclosing Party may request injunctive or other equitable relief seeking to restrain such use or disclosure without the necessity of proving actual harm or posting bond. 13. Compliance with Laws. In the performance of the Services, Universal shall comply, and shall require each of its employees, agents, representatives, subcontractors, and invitees to comply, with the requirements of any and all applicable laws, regulations, rules, and orders of any governmental body having or claiming to have jurisdiction over the performance of Services under this Agreement. 14. Governing Law; Venue; Attorney Fees. To the maximum extent permitted by law, the laws of the State of Oklahoma (without regard to any conflicts -of -law rules which 7 would direct or refer to the laws of a different jurisdiction) shall govern the validity, construction, and enforcement of this Agreement and the rights and obligations of the Parties hereunder. The Parties agree that venue for any litigation between the Parties may be in any state or federal court of competent jurisdiction in Tulsa County, Oklahoma and the Parties shall submit to personal jurisdiction in Tulsa County, Oklahoma; provided, however, that the foregoing shall not be construed to limit the rights of a Party to enforce a judgment or order from such court in another jurisdiction. The prevailing Party in any dispute hereunder, in addition to actual damages and any other legal or equitable remedies to which it may be entitled, shall be entitled to recover reasonable attorney fees and costs from the non - prevailing Party. 15. Notices. All notices required or permitted to be given hereunder (except Work Requests and as may be otherwise agreed in writing by Client and Universal) shall be in writing. Notices shall be given in person, or sent by courier, mail or facsimile to the Party to be notified and to the attention of the appropriate representative of the Party at the address set forth below, or such other address as may be designated ten (10) days prior thereto by notice to the other Party. Notices shall be deemed given when received by the Party to be notified; provided, however, that notices received after 5:00 PM or on a non - business day shall be deemed to be given the following business day; and provided further, that if notices cannot be given after reasonable effort at such address, notices shall be deemed constructively given three (3) days after being deposited in the United States mail, postage prepaid. If to Client: Owasso Public Works Authority 301 W 2nd Ave. Owasso, OK 74055 Attn: Roger Stevens Telephone: (918) 272 -4959 Fax: (918) 272.4996 Email: rstevensQcitvofowasso.com 16. Miscellaneous. If to Universal: Universal Field Services, Inc. 6737 S. 85d` East Ave. Tulsa, OK 74133 Attn: Douglas R. Benson Telephone: 918- 494 -7600 Fax: 918 - 494 -7650 Email: dbenson @ufsrw.com (a) Entirety. This Agreement sets forth the entire and complete agreement of the Parties as to the subject matter hereof, and supersedes any and all proposals, negotiations, and representations of the Parties prior to the execution hereof, including without limitation, prior drafts of this Agreement. (b) Amendments. No amendment, or modification of this Agreement, or any additional terms and conditions, shall be valid unless evidenced in a writing specifically identifying this Agreement and signed by a duly authorized representative of the Parties hereto. (c) Conflicts. In the event of a conflict between the terms and conditions of this Agreement and any subsequent documents, including without limitation, Work Requests, field work orders, work tickets, purchase orders, confirmations, invoices, statements, published rate or price schedules, or any other documents used by either 8 Party in the normal course of business, the terms and conditions of this Agreement shall prevail unless express reference is made therein to amending specific provisions of this Agreement and the same is signed by both Parties. (d) Force Maieure. Neither Party hereto shall be considered in default in the non - performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of such party. Time extensions for performance of Services by Universal shall be granted equivalent to such time of non - performance as a result of the force majeure. (e) Assignment. Universal shall not assign this Agreement, nor subcontract the whole or any part of the Services to be performed by Universal hereunder, without Client's prior written consent, which consent shall be at the sole discretion of the Client. Any such assignment shall be made subject to all the terms and conditions of this Agreement. (f) Waiver. No benefit, right or duty provided by this Agreement shall be deemed waived unless the waiver is reduced to writing, expressly refers to this Agreement, and is signed by both Parties. The waiver of one instance of any act, omission, condition, or requirement shall not constitute a continuing waiver unless specifically so stated in the aforesaid written waiver instrument. (g) Survival. The provisions of this Agreement which are intended to extend beyond its termination, including without limitation, the liability, indemnity, and confidentiality provisions, and the provisions applicable to the enforcement of those provisions and/or the enforcement of rights and obligations incurred hereunder which are not fully discharged prior to the termination of this Agreement, shall survive termination, to the extent necessary to effect the intent of the Parties and/or enforce such rights and obligations. (h) Partial Invalidity. In the event any provision (or portion thereof) of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, said provision (or portion thereof) shall be deemed to be amended to partially or completely modify such provision or portion thereof to the extent necessary to make it comply with said law, rule, or regulation, and this Agreement as so modified, shall remain in full force and effect. If necessary, this Agreement shall be deemed to be amended to delete the unenforceable provision or portion thereof, in which event such invalidity or unenforceability shall not affect the remaining provisions or application thereof which can be given effect without the invalid portion or application. [signature page follows] 0 IN WITNESS WHEREOF, each of the parties hereto have caused this Agreement to be executed by its duly authorized officer as of the Effective Date. Owasso Public Works Authority, Owasso, Oklahoma Name: Kelly Lewis Title: Chair Universal Field Services, Inc. In Name: Douglas R. Benson Title: Executive Vice President [Signature Page to Service Agreement] WORK REQUEST Project: 117" Sanitary Sewer Force Main Project UFS Project Number: In accordance with the terms and conditions of the Service Agreement (the `Agreement') referenced above between Universal and Client, Client hereby authorizes Universal to perform the following Services, all of which shall be performed pursuant to the terms of the Agreement. Description of Scope of Services: See attached Bid Proposal Schedule: TBD For the performance of the described Services, Client will compensate Universal on the following basis: See attached Bid Proposal Project representatives: Client: Owasso Public Works Authority, Oklahoma Attn: Roger Stevens, Public Works Director Client invoices will be sent to: Attn: Roger Stevens Public Works Director rstevens(u,cityofowasso.com Universal: Attn: Lori A. Vernon, SR/WA, RW -URAC R/W -RAC / Project Manager Universal accepts this Work Request and will perform the Services in accordance with the terms hereof and the above referenced Agreement. OwassoPublic Works Authority, Owasso, Oklahoma 0 Name: Kelly Lewis Title: Chair Universal Field Services, Inc. Name: Douglas R. Benson Title: Executive Vice President CONTRACTOR BID PROPOSAL City of Owasso, Oklahoma N. 117th E. Ave. Lift Station Force Main PROJECT MANAGEMENT t Units of work for Appraisal@ 4$ 00.00 ea.= $400.00' 8 Units of work for Acquisition @ $ 1.200.00 ea. = S 9.600.00 8 Unites of work for Acq. Assistant PM @ $400.00 ea. _ $ 3.200.00 N/A Units of work for Relocation @ $ 0.00 ea. = 0.0 Project Management Amount = $ 13,200.00 TITLE 8 Title Reports @1350.0 0 ea.= APPRAISAL 1 Narrative Summary Appraisal Reports @ $ 2.800.00 ea. _ 0 Second Appraisals = ACQUISITION 7 Waiver Parcel @ $ 3.350.00 = Appraisal Parcels @ $ 3.100.00 = 0 BIA Parcels @ 0.00 0 Mortgage Releases for Appraised Parcels @ 5800.00 /ea. $2,800.00 Title Amount = $ 2.800.00 $ 2.800.00' $ 0.00 Appraisal Amount = $ .800.00 $23,450.00 $ 3.100.00 $ 0.00 $ 0.00 Acquisition Amount = $ 26.550.00 RELOCATION D Project AssignmentlProperty Management @ 0.00 = $ 0.00 0 Residential Relocation @ $ 0.00 = $ 0.00 0 Personal Property Moves @ 0.00 = $ 0.00 Relocation Amount= 0.00 PROPERTY MANAGEMENT Project Management/Property Management $ 3.000.00 Property Management Amount= 3000.00 SURVEY 8 Appraisal Staking @$ 400.00 = 8 Utility Staking @ 400.00 = Condemnation $1,850.00 /parcel $ 3,200.00 $ 3,200.00 Survey Amount= 6400.00 TOTAL PROJECT COST = $ 54,750.00 Universal Field Services, Inc. will only bill forthose action items that are completed. If parcel count changes up or down, the cost will reflect these changes. "The number of appraisals could be increased if it is determined that waiver valuations cannot be used, which would increase appraisal cost but decrease acquisition cost. ' Per meeting with City Officials on 8/17123 we estimated 1 appraisal on this project for this Bid Proposal. ' Mortgage releases are estimated until Title Reports are obtained. Mortgage releases are not required for easement purchase, unless desired by the Agency. Property Managementfee includes drive -out inspection, creation, and maintenance of drive. out report and maintenance of parcels until acquisition is complete. Mileage will be reimbursed at the current IRS rate at the time business miles are incurred. If Relocation is determined to be required, UFS will provide a BID. Condemnation staking prices are provided for your information but are not included in the TOTAL PROJECT COST listed above. ov® UNIVERSAL 6ORVM"G & MAPPINC. LLC August 25, 2023 Universal Field Services, Inc. P.O. Box 35666 Tulsa, OK 74153 -0666 Attn: Lori Vernon RE: City of Owasso, N. 117th E. Ave. Lift Station Force Main Mrs. Vernon, Please find below our quote for staking on the above referenced project: Appraisal Staking 8 parcels @ $400 /parcel = $3,200.00 Utility Staking 8 parcels @ $400 /parcel = $3,200.00 Condemnation $1,850.00 /parcel Thank you, �YLGC %LG.¢e c� Michael Spears Survey Manager Aligned with your Goals, Equipped far yourSuccess. Universal Surveying & Mapping 216 W. 0 Avenue Stillwater, OK 74074 Office: 405- 372 -0000 Fax: 405- 372 -0002 OWASSO PUBLIC WORKS AUTHORITY PAYROLLPAYMENTREPORT PAY PERIOD ENDING DATE 08/12/23 Department Payroll Expenses Total Expenses 400 OPWA Administration 19,966.22 29,284.19 405 Utility Billing 8,816.12 14,696.75 420 Water 14,255.82 23,814.51 450 Wastewater 14,589.58 23,794.16 455 Wastewater Collection 16,224.13 27,515.57 480 Refuse 15,468.40 27,195.67 485 Recycle Center 2,845.60 5,265.30 FUND TOTAL 92,165.87 151,566.15 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 08126123 Department Payroll Expenses Total Expenses 400 OPWA Administration 20,727.93 30,166.22 405 Utility Billing 8,765.55 14,640.81 420 Water 17,629.20 28,321.28 450 Wastewater 14,979.17 24,257.66 455 Wastewater Collection 22,299.78 34,575.58 480 Refuse 16,502.66 28,393.17 485 Recycle Center 2,845.60 5,252.22 FUND TOTAL 103,749.89 165,606.94