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Home My WebLink About2024.02.20_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY (OPWA) Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, February 20, 2024 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not awarding, denying, postponing, or tabling. 1. Call to Order - Chair Kelly Lewis 2. Roll Call to: acknowledging, affirming, amending, approving, authorizing, AGENDA RECEIVED FEB 16 2024 X�" City 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 - February 6, 2024, and February 13, 2024, 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 an agreement for professional inspection services for the Elm Creek Sanitary Sewer Interceptor Rehabilitation Project Earl Farris Staff recommends approval of the Agreement for Professional Inspection Services with Kellogg Engineering, Inc., of Tolala, Oklahoma, in the amount of $58,125.00 and authorization to execute all necessary documents. 6. Consideration and appropriate action relating to an agreement for professional inspection services for the Ranch Creek Interceptor Improvement Project from East 96th Street North to East 116th Street North Earl Farris Staff recommends approval of the Agreement for Professional Inspection Services with Tom Stritzke of Nowato, Oklahoma, in the amount of $67,600.00 and authorization to execute all necessary documents. 7. Consideration and appropriate action relating to bids received for the Hale Acres Waterline Replacement Project, Phase If Jake Ketner Staff recommends awarding the base bid and alternate #1 in the amount of $358,045.00 to Creek Construction, of Skiatook, Oklahoma, and authorization to execute all necessary documents. 8. Report from OPWA Manager 9. Report from OPWA Attorney 10. Official Notices (documents for acknowledgment or information only, no discussion or action will be taken) Payroll Payment Report- pay period ending date February 10, 2024 Monthly Budget Status Report - January 2024 11. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) OPWA February 20, 2024 Page 2 12. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 8, 2023, and the Agenda posted at City Hall, 200 South Main Street, at 12:00 pm„on Friday, February 16;,2024. n M. Stevens, Oyfj Clerk The City of Owasso encourages citizen participation. To request .4.h accommodation due to a disability, contact the City Clerk prior to the scheduled meeting byphone 918- 376 -1502 orby email to Istevens@cifvofowasso.com OWASSO PUBLIC WORKS AUTHORITY (OPWA) MINUTES OF REGULAR MEETING TUESDAY, FEBRUARY 6, 2024 The Owasso Public Works Authority (OPWA) met in regular session on Tuesday, February 6, 2024, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 8, 2023; 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 Thursday, February 1, 2024. 1. Call to Order - Chair Kelly Lewis called the meeting to order at 6:51 pm. 2. Roll Call- A quorum was declared present. Present Chair- Kelly Lewis Vice Chair -Alvin Fruga Trustee - Lyndeil Dunn Trustee - Paul Loving Absent Trustee - Doug Bonebrake Staff: Assistant Authority Manager- Chris Garrett / 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 - January 16, 2024, Regular Meeting B. Approve claims Mr. Dunn moved, seconded by Mr. Loving, to approve the Consent Agenda as presented, with claims totaling $1,456,248.90. YEA: Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 4 -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 Reports - pay period ending dates January 13, 2024, and January 27, 2024 S. New Business - None 9. Adjournment Mr. Loving moved, seconded by Mr. Dunn, to adjourn the meeting. YEA: Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 4 -0 and the meeting adjourned at 6:52 pm. Kelly Lewis, Chair Juliann M. Stevens, Authority Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING TUESDAY, FEBRUARY 13, 2024 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, February 13, 2024, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 8, 2023; 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, February 9, 2024. 1. Call to Order /Roll Call - Vice Mayor /Vice Chair Alvin Fruga called the meeting to order at 6:00 pm. A quorum was declared present. Present Absent Vice Mayor /Vice Chair - Alvin Fruga Mayor /Chair- Kelly Lewis Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Paul Loving Councilor /Trustee - Lyndell Dunn Staff: City /Authority Manager- Warren Lehr; Assistant City /Authority Manager- Chris Garrett; City /Authority Attorney- Julie Lombardi 2. Discussion relating to Community Development Department items A. Request for a final plat for Villas at Stonebridge 11, approximately 4.99 acres located at 13116 East 76th Street North B. Request for a planned unit development (PUD) for 116th Attic Storage, approximately 3.392 acres located 111 1 l East i 16th Street North, as referenced in application OPUD 23 -07 Alexa Beemer presented items A and B. Discussion was held. It was further explained both items will be placed on the February 20, 2024, City Council agenda for consideration and action. 3. Discussion relating to an agreement with Indian Nations Council of Governments (INCOG) for the management of the Safe Streets and Roads for All grant program Dwayne Henderson presented the item and discussion was held. It was further explained an item will be placed on the February 20, 2024, City Council agenda for consideration and action. 4. Discussion relating to the appointment of a Deputy City Clerk Juliann M. Stevens presented the item. It was further explained an item will be placed on the February 20, 2024, City Council consent agenda for consideration and action. 5. Discussion relating to proposed revisions to the City Council Code of Ethics and Conduct Policy Julie Lombardi presented the item and discussion was held. It was further explained an item will be placed on the March Work session agenda for discussion. 6. Discussion relating to the recognition of HC "Will" Williams, the City of Owasso's first Black City Councilor and Mayor Vice Mayor Alvin Fruga presented the item and discussion was held. A proclamation will be placed on the February 20, 2024, City Council agenda for presentation. 7. Discussion relating to City /Authority Manager items A. Monthly sales tax report and revenue outlook Warren Lehr introduced Carly Novozinsky to present item A and discussion was held. 8. City /Authority Manager Report - None 9. City Councilor/Trustee comments and inquiries - None 10. Adjournment - The meeting adjourned at 6:47 pm. Alvin Fruga, Vice Mayor /Vice Chair Juliann M. Stevens, City Clerk Claims List - 02/20/2024 Fund Fund Title - Transact Vendor Name Payable Description Payment Amount 61 OPWA LEE BHM CORP PUBLICATIONS $105.14 CDBG HALE ACRES WATERLINE -Total $105.14 ENTERPRISE FM TRUST FLEET LEASE $2,277.37 FLEETCOR TECHNOLOGIES FUEL CHARGES JAN 24 $229.50 JPMORGAN CHASE BANK AMAZON- PROTECTOR $36.68 JPMORGAN CHASE BANK ODP- KEYTAGS $7,86 JPMORGAN CHASE BANK ODP -SEAT CUSHION $34.99 JPMORGAN CHASE BANK ODP- SUPPLIES $208.85 JPMORGAN CHASE BANK OFFICE DEPOT - REFUND ($7.86) JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $1,636.38 JPMORGAN CHASE BANK WALMART -PW LUNCHEON $97.41 TREASURER PETTY CASH CRYSTAL CAR WASH $10.00 TREASURER PETTY CASH NOTARY - AMBERG $25.00 TREASURER PETTY CASH NOTARY -GOINS $20.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $79.87 OPWA ADMINISTRATION -Total LOWES -PRY BARS $4,656.05 BECK ASSOCIATES ARCHITECTS, PLLC DESIGN SERVICES $69,302.50 OPWA BUILDING RENOVATION -Total $69,302.50 ENTERPRISE FM TRUST FLEET LEASE $974.49 JPMORGAN CHASE BANK AMERIFLEX -TRANS LINE $25.40 JPMORGAN CHASE BANK FASTSIGNS -REC SIGN $625.00 JPMORGAN CHASE BANK HOMEDEPOT- SWEEPER $399.99 JPMORGAN CHASE BANK WASTE MGMT- DISPOSAL $2,244.20 TERMINIX PEST CONTROL $95.00 TULSA COUNTY HIGHWAY CONSTRUCTION SIGNAGE & STRIPING $428.20 UNIFIRST HOLDINGS LP UNIFORM SERVICES $37.72 RECYCLE CENTER -Total $4,830.00 BIGFOOT PRINTS LLC TRASH CART STICKERS $7,800.00 BLUE ENERGY FUELS LLC CNG FUEL CHARGES JAN $2,478.73 ENTERPRISE FM TRUST FLEET LEASE $974.49 FLEETCOR TECHNOLOGIES FUEL CHARGES JAN 24 $4,037.42 JPMORGAN CHASE BANK BUMPER -ANTI GEL $462.00 JPMORGAN CHASE BANK BUMPER- GLOVES $166.81 JPMORGAN CHASE BANK BUMPER -PIN BARS $162.45 JPMORGAN CHASE BANK CRANE CARRIER - FLASHER $98.08 JPMORGAN CHASE BANK HOME DEPOT -ICE MELT $119.76 JPMORGAN CHASE BANK HOOTEN OIL -TUBES $738.78 JPMORGAN CHASE BANK HOOTEN -CNG MOTOR OIL $1,149.59 JPMORGAN CHASE BANK KIMS INT -HOSES $383.16 JPMORGAN CHASE BANK LOWES -BOLTS $5.68 JPMORGAN CHASE BANK LOWES -PRY BARS $50.94 1 Claims List - 02/20/2024 Fund Fund Title - Transact Vendor Name Payable Description Payment Amount 61 OPWA JPMORGAN CHASE BANK MARQUIS- MAILBOX $159.50 JPMORGAN CHASE BANK SHI- MICROSOFT $614.76 JPMORGAN CHASE BANK TULSA NORTH -FUEL $163.82 JPMORGAN CHASE BANK UE TULSA -CHECK VALVES $477.92 JPMORGAN CHASE BANK WASTE MGMT- DISPOSAL $25,921.07 SPOK INC. PAGER USE $80.56 UNIFIRST HOLDINGS LP UNIFORM SERVICES $141.90 VERIZON WIRELESS WIRELESS CONNECTION $262.02 REFUSE COLLECTIONS -Total $46,449,44 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES $1,320.68 UTILITY BILLING -Total PHONE USE $1,320.68 BLUE ENERGY FUELS LLC CNG FUEL CHARGES JAN $6.17 ENTERPRISE FM TRUST FLEET LEASE $1,679.48 FLEETCOR TECHNOLOGIES FUEL CHARGES JAN 24 $1,121.99 JPMORGAN CHASE BANK DP SUPPLY -GRADE RINGS $675.00 JPMORGAN CHASE BANK GRAINGER- RELAYS $58.85 JPMORGAN CHASE BANK LODGING EXP 1124 -27 $1,344.36 JPMORGAN CHASE BANK LOWES -SPOT LIGHTS $99.84 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $298.08 JPMORGAN CHASE BANK SOK -CDL RENEWAL $117.52 LOT MAINTENANCE OF OKLAHOMA, INC, SVC VAC LIFT STATION $2,062.50 SPOK INC. PAGER USE $84.56 UNIFIRST HOLDINGS LP UNIFORM SERVICES $150.42 VERDIGRIS VALLEY ELECTRIC COOP COFFEE CREEK ELECTRIC $33.67 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECT $211.25 VERIZON WIRELESS WIRELESS CONNECTION $120.03 WASTEWATER COLLECTIONS -Total $8,063.72 AT &T PHONE SERVICE $10.07 AT &T PHONE USE $83.65 DEPARTMENT OF ENVIRONMENTAL QUALITY STORMWATER PERMITS $347.71 FLEETCOR TECHNOLOGIES FUEL CHARGES JAN 24 $721.26 JPMORGAN CHASE BANK ACCURATE- AMMONIA $125.00 JPMORGAN CHASE BANK ACCURATE -OPER CLASS $560.00 JPMORGAN CHASE BANK ACCURATE -TDS TEST $35.00 JPMORGAN CHASE BANK AMAZON -TAG OUT SETS $192.97 JPMORGAN CHASE BANK APGN -PRE FILTERS $703.55 JPMORGAN CHASE BANK CINTAS- FIRSTAID $28.59 JPMORGAN CHASE BANK GRAINGER -EAR PLUGS $49.26 JPMORGAN CHASE BANK GRAINGER- REAGENT $106.55 JPMORGAN CHASE BANK HAWKINS- BLEACH $273.35 JPMORGAN CHASE BANK HOOTEN -GEAR OIL $1,030.79 Pa Claims List - 02/20/2024 Fund Fund Title - Transact Vendor Name 61 OPWA Payable Description Payment Amount JPMORGAN CHASE BANK LOCKE -MOTOR INSTALL $24.82 JPMORGAN CHASE BANK LOWES -MOTOR INSTALL $105.99 JPMORGAN CHASE BANK NCL -EVAP DISHES $358.69 JPMORGAN CHASE BANK NCL -PH BUFFERS $407.87 JPMORGAN CHASE BANK NCL- REAGENT $37.62 JPMORGAN CHASE BANK NCL -STIR BARS $71.32 JPMORGAN CHASE BANK OK DEPT -OPER TEST $62.00 JPMORGAN CHASE BANK OKGOV -CC FEE $3.44 JPMORGAN CHASE BANK STAMFORD- DIFFUSERS $728.56 JPMORGAN CHASE BANK UPS - SHIPPING $43.47 JPMORGAN CHASE BANK WALMART -WATER $26.80 JPMORGAN CHASE BANK WASTE MGMT- DISPOSAL $13,590.29 SPOK INC. PAGER USE $4428 UNIFIRST HOLDINGS LP UNIFORM SERVICES $119.02 VERIZON WIRELESS WIRELESS CONNECTION $120.03 Z &M ENTERPRISE LLC UV BULBS $14,075.42 WASTEWATER TREATMENT -Total $34,087.37 BILLY BASORE DECEMBER DIRT $21.66 CITY OF TULSA DEPT OF FINANCE LAB SERVICES $500.00 CITY OF TULSA UTILITIES WATER $247,328.75 ENTERPRISE FM TRUST FLEET LEASE $1,195.78 FLEETCOR TECHNOLOGIES FUEL CHARGES JAN 24 $1,581.56 JPMORGAN CHASE BANK AMAZON - HYDRANT RINGS $99.10 JPMORGAN CHASE BANK AMERIFLEX -HOSE $703.00 JPMORGAN CHASE BANK AMERIFLEX -PARTS $39.80 JPMORGAN CHASE BANK ATWOOD -PIN LOCKS $7.18 JPMORGAN CHASE BANK CORE &MAIN -FIRE LINE $1,450.80 JPMORGAN CHASE BANK CORE &MAIN -METER $1,437.17 JPMORGAN CHASE BANK CORE &MAIN - REGISTERS $570.00 JPMORGAN CHASE BANK CORE &MAIN - SADDLES $849.34 JPMORGAN CHASE BANK CORE &MAIN -SAW BLADE $178.17 JPMORGAN CHASE BANK CORE &MAIN -TEST PACKS $104.30 JPMORGAN CHASE BANK HOMEDEPOT -TRASH PUMP $179.00 JPMORGAN CHASE BANK LOWES- IRRIGATION $15.64 JPMORGAN CHASE BANK OK DEPT -DEQ RENEWAL $124.00 JPMORGAN CHASE BANK OK.GOV -FEE $4.84 JPMORGAN CHASE BANK OREILLY -DEF FLUID $99.00 JPMORGAN CHASE BANK UTILITY SUP - REPAIR $2,589.92 JPMORGAN CHASE BANK VERMEER -POP OFF VALVE $58.43 SPOK INC. PAGER USE $116.27 UNIFIRST HOLDINGS LP UNIFORM SERVICES $130.08 VERDIGRIS VALLEY ELECTRIC COOP WATER CONTROL ELECT $40.80 3 Claims List - 02/20/2024 Fund Fund Title - Transact Vendor Name Payable Description Payment Amount 61 OPWA VERIZON WIRELESS WIRELESS CONNECTION $280.15 WATER -Total $259,704.74 OPWA -Total $428,519.64 68 OPWA TIF MAIN STREET DEVELOPMENT LLC DEVELOPMENT AGREEMENT $116,132.66 OPWA ECONOMIC DEV -Total $116,132.66 OPWA TIF -Total $116,132.66 OPWA Grand Total $544,652.30 sd PEAL No*@- RELGTaruleegF4L Commwlry TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Earl Farris, Project Administrator SUBJECT: Original Elm Creek Sanitary Sewer Interceptor Rehabilitation Project - Professional Inspection Services Agreement DATE: February 16, 2024 BACKGROUND: On January 9, 2024, the Owasso Public Works Authority approved a construction contract for the Elm Creek Sanitary Sewer Interceptor Rehabilitation Project. The project requires full time inspections due to requirements associated with a loan from the Oklahoma Water Resources Board (OWRB). Current City staffing levels are not adequate to meet the OWRB inspection requirements. Therefore, staff is requesting to hire outside part time (5 hrs. per day) inspections through Kellogg Engineering, Inc. If approved, staff will cover the additional hours of inspections needed to fulfill the OWRB requirements. INSPECTION SERVICES AGREEMENT: City staff and Kellogg Engineering, Inc., developed a scope of work for the rehabilitation project. Kellogg Engineering, Inc. provided rates for the project which were determined by scope and nature of the work. The following components are the responsibility of the firm, which are included in the agreement: Construction Observations - Daily Field Inspections - Daily Field Report - Monthly Pay Request Recommendation - Construction Deviation Log - Close -out Punch List - Quality control testing observation and review Fees were negotiated based on days in the contract, plus additional hours to review plans and specifications before the start of the project. If approved by the Owasso Public Works Authority, the cost for inspection services provided by Kellogg Engineering, Inc, will be $58,125.00. FUNDING: Funding for the inspection services agreement is included in the OPWA Budget. RECOMMENDATION: Staff recommends approval of the Agreement for Professional Inspection Services with Kellogg Engineering, Inc., of Talala, Oklahoma, in the amount of $58,125.00 and authorization to execute all necessary documents. ATTACHMENTS: Location Map Agreement /Exhibits c 0 M as ry L 0 U L L U w L r, 14, AGREEMENT FOR PROFESSIONAL INSPECTION SERVICES FOR Original Elm Creek Outfall Rehabilitation THIS AGREEMENT, made and entered into this 20th day of February 2024 between the Owasso Public Works Authority, Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as AUTHORITY, and Kellogg Engineering, inc, an Engineering / Inspection based organization with its principal office at 6755 S 4060 Rd., Talala, OK 74080, hereinafter referred to as INSPECTOR, WITNESSETH: WHEREAS, AUTHORITY intends to construct improvements to the Original Elm Creek Outfali Rehabilitation, hereinafter referred to as the PROJECT; and, WHEREAS, AUTHORITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, INSPECTOR, is prepared to provide such SERVICES; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROJECT, The scope of the PROJECT is described in Attachment A, SCOPE OF PROJECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2, SERVICES TO BE PERFORMED = INSPECTOR. INSPECTOR shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3, AUTHORITY'S RESPONSIBILITIES, AUTHORITY will be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE AUTHORITY., which is attached hereto and Incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. AUTHORITY will pay INSPECTOR in accordance with Attachment D, COMPENSATION, Service Agreement 5. SCHEDULE. INSPECTOR shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth In Attachment F, SCHEDULE. attached hereto and incorporated by reference as part ofthisAGREEMENT. 6. STANDARD OF PERFORMANCE- INSPECTOR shall perform the SERVICES undertaken In a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be Completed and Inspected in a workmanlike manner and in strict accordance with this AGREEMENT. All INSPECTIONS shall be performed by or under the supervision of Professional INSPECTOR properly qualified to perform such INSPECTION services, which qualification shall be subject to review by AUTHORITY. Other than the obligation of the INSPECTOR to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the INSPECTOR pursuant to this AGREEMENT or the suitability of INSPECTOR'S deliverables. W 7.1. INSPECTOR shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of INSPECTOR's personnel ale construction site is forthe purpose of providing tothe AUTHORITY a greaterdegreeof confidence thatthe completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected In the construction documents has been Implemented and preserved by the construction contractor(s). 7.3. in soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample Intervals and at locations other than where observations, exploration, and Investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cosHexecution effects are not the responsibility of INSPECTOR. SCHEDULE, 8.1. Since INSPECTOR has nocontroloverthe resources provided byotherstomeet construction contract schedules, INSPECTOR'S forecast schedules shall be made on the basis of qualifications and experience as a Professional INSPECTOR. 9.1. INSPECTOR shall defend and indemnify AUTHORITY from and against legal liability for damages arising out of the performance of the SERVICES for Service Agreement AUTHORITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of INSPECTOR, or any person or organization for whom INSPECTOR Is legally liable. Nothing in this paragraph shall make the INSPECTOR liable for any damages caused by the AUTHORITY or any other contractor or consultant of the AUTHORITY. 9.2, INSPECTOR shall not be liable to AUTHORITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION ANDCLAIMS 10.1. AUTHORITY agrees to include In all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor Indemnification of AUTHORITY and INSPECTOR for contractor's negligence. 10.2. AUTHORITY shall require construction contractor(s) to name AUTHORITY, and Kellogg Engineering, Inc, as additional Insurer on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, INSPECTOR shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. INSPECTOR shall procure the permits, certificates, and licenses necessary to allow INSPECTOR to perform the SERVICES. INSPECTOR shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to INSPECTOR in Attachment B, SCOPE OF SERVICES. 12. INSURANCE, Vehicle Insurance General Liability /Accidental 12.1 During the performance of the SERVICES under this AGREEMENT, INSPECTOR shall maintain the following insurance: 12.2 INSPECTOR shall furnish AUTHORITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the AUTHORITY. Service Agreement w"I 14[41 13.1. All documents, including record drawings, field notes and data shall become and remain the property of the AUTHORITY. 13.2. AUTHORITY'S reuse of such documents without written verification or adaptation by INSPECTOR for the specific purpose intended shall be at AUTHORITY'S risk. 14. TERMINATION OF AGREEMENT, 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. AUTHORITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for AUTHORITY'S convenience upon written notice to INSPECTOR; and INSPECTOR shall terminate or suspend performance of SERVICES on a schedule acceptable to AUTHORITY. In the event of termination or suspension forAUTHORITY'S convenience, AUTHORITY shall pay INSPECTOR for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, INSPECTOR's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mall, postage prepaid, to the address specified below. To INSPECTOR; Brian Kellogg Kellogg Engineering, Inc. 6755 S. 4060 Road Talala, Oklahoma 74080 To AUTHORITY: Owasso Public Works Authority P.O. Box 180 Owasso, Oklahoma 74055 Attention: Roger Stevens 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of INSPECTOR and AUTHORITY. Service Agreement 4 16. UNCONTROLLABLE FORCES, Neither AUTHORITY nor INSPECTOR shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either AUTHORITY orINSPECTOR under this AGREEMENT; strikes, work slowdowns or other labor disturbances, andjudicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATIONThis AGREEMENT includes Attachments A, B, C, D and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements, pertaining to the SCOPE OF SERVICES herein, eitherwritten or oral. AUTHORITY may make or approve changes within the general Scope of Services in this AGREEMENT. if'such changes affect INSPECTOR's costof ortime required forperformance of the services, an equitable adjustment will be made through an amendment to, this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19, DISPUTE RESOLUTION PROCE INSPECTOR andtheAUTHORITYf AGREEMENT, themattershallber for resolution. If the Director of Pub may, in the Directors discretion, be Regardless of these procedures, r rights, privileges oropportunities pe In the .event of a dispute between the derpretation or application of the terms of this theAUTHORITY's Director of Public Works is unable to resolve the dispute, the matter to the AUTHORITY Manager for resolution, rty shall be precluded from exercising any V law to resolve any dispute. 20. ASSIGNMENT. INSPECTOR shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing,;contained in this paragraph shall prevent INSPECTOR from ,'employing such independent consultants, associates, and subcontractors as INSPECTOR may deem appropriate to assist INSPECTOR in the 21. " APPROVAL. It is understood and agreed thatail work performed under this AGREEMENT shall be subject to Inspection and approval by the AUTHORITY, and any plans or specifications not meeting the terms set forth in this AGREEMENT shall be replaced or corrected at the sole expense of the INSPECTOR. The INSPECTOR shall meet with the AUTHORITY staff initially and periodically thereafter and will be available for public meetings andlor AUTHORITY presentations. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, Brian Kellogg, Inc has designated Ty Dixon for the PROJECT. INSPECTOR agrees that no change will be made in the assignment of this position without prior approval of AUTHORITY Service Agreement IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Chair of the AUTHORITY. Kello Engineering, Inc Br &/n Kellogg, President APPROVED AS TO FORM: Authority Attorney, Julie Lombardi Service Agreement Attachment A Owasso Public Works Authority Original Elm Creek Outfall Rehabilitation Scope of Project Kellogg Engineering, Inc. February 2024 A. SCOPE OF PROJECT, The scope consists of quality assurance testing to assess compliance (Contract Documents) for the Original Elm C following: - Construction Observations - Quality Control Testing - Daily Reports - Photos ms of construction, progress and construction contract documents The construction wllGtake place at the Original Elm Creek Outfall Rehabilitation, the Placement of.Cured In Place Pipe Lining In sections of 15 ", 18" and 21" asbestos and Post cleaning oflines and Post television observation General Service during Construction will be performed by others and are excluded from this AGREEMENT. Refer to Attachment C, Responsibility of the Authority, for further detail. Attachment A Attachment B Owasso Public Works Authority Original Elm Creek Outfall Rehabilitation Scope of Services F-IN INSPECTIONS January 2024 B. SCOPE OF SERVICES The services to be performed by the INSPECTOR under this AGREEMENT relate to observation services during construction of the Original Elm Creek Outfall Rehabilitation, Project No. 61 -40- 455 -220 (FAP -24- 0001 -L); (ARP -23 -0100 -G) as further defined below. It is understood and agreed that the date of beginning, rate of progress, and the time of completion of the services to be done herein are essential provisions of this AGREEMENT. The services included herein will commence upon execution of this AGREEMENT and Issuance of a Notice to Proceed. Through the performance of services herein; the INSPECTOR shall endeavor to identify defects and deficiencies in the work of construction contractors. However, by furnishing such services, the INSPECTOR shall not supervise, direct or have control over construction contractors' work nor shall the INSPECTOR have authority over or responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions or programs. Accordingly, the INSPECTOR shall not guarantee the performance of construction contractors and INSPECTOR shall not be responsible for the failure of construction contractors to perform the work In accordance with the Contract Documents, 11. 110].6"f1WD&I[a] Z[A*IZ iT/:fiCP - B.1.1 The INSPECTORING shall provide RESIDENT PROJECT REPRESENTATIVE (RPR) services for a total of up to 750 hours based on a construction contract of 150 days @ 5 hrs. per calendar day (of days worked) and up to 25 hours @ Notice of Award for a total of 775 hours. Part time (5hrs)fortheRemainder of the contract, M -F and as needed on weekends not to exceed 35 hrs. per week. Services required beyondthis timeperiod orthistotal number of hours will be considered to be beyond the scope of this AGREEMENT.. B.1.2 The RPR duties and responsibilities areas follows: - Review construction plans and specs of contract - Review and inspect all material delivered to job site to verify they meet the approved submittals and shop drawings provided by the contractor and approved by the authority - Conduct on -site observations of the work in progress to assist in determining whether the work is proceeding in accordance with the Contract Documents and whether completed work will conform to the contract documents. Prepare daily field reports to record hours on the jobsite, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations In more detail as in the case of observing test procedures. Attachment B B -1 - Review and inspect all material delivered to job site to verify they meet the approved submittals and shop drawings provided by the contractor and approved by the authority Monitor the progress schedule, and schedule of values prepared by the Contractor for contract compliance and provide documentation and recommendations to the AUTHORITY concerning acceptability. - Attend progress meetings and other job conferences as required, notify those expected to attend in advance, and circulate copies of meetings thereof. - Report to AUTHORITY and document whenever RPR believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise AUTHORITY when RPR believes work should be corrected or rejected or should be uncovered for observation; or requires special testing, inspection or approval. - Verify that tests, and all other required conditions have been met before any segments of the sanitary sewer line is put into service. Document findings. - Review applications for payment with Contractor for compliance with the established procedure with contractor for their submission and forward the pay applications with recommendations to AUTHORITY,, noting particularly the relation of the pay application to the schedule of values, work completed to date, and materials and equipment delivered at the site but not incorporated in the work. - Conduct final inspection In the company of AUTHORITY and Contractor, and prepare a final list of items to be completed or corrected. Verify that all items on final punch list have been completed or corrected and make recommendations concerning acceptance. Meet with the City Engineer and Project Administrator once a week to discuss the project as well as keep land/ homeowner apprised of upcoming work. Schedule with staff of the Authority to meet with homeowners if beyond the inspector's authority to resolve or answer. - Take pictures and /or prepare sketches of changes andlor concerns in the field (red line set of plans) Deliverables: - Daily Field Reports Monthly Pay Request Recommendation (approvable quantities) - Construction Deviation Log (Red Line Set of Plans) - Close -out Punch List - Pictures/ Video/ sketches Attachment lB B-2 B.2 QUALITY CONTROL TESTING B.2.1 The INSPECTOR shall observe, testing samples taken and review all reports from the contractors testing lab (self- testing at the manufacturers official testing labs) B.2,2 Anticipated testing includes the following items of work: - Observe all testing of cured in place lining as required by contract; - Observe all manhole Refurbishment/ rehabilitation and lining installation as called out in the contract and specifications. B.2.3 Review reports to clarify if testing requirements have been met; criteria on approved proctors or submittals Deliverables: - Reports on testing including passing/ failing as well as when and where test were taken AttachmentB B -3 Attachment C Owasso Public Works Authority Original Elm Creek Outfall Rehabilitation Responsibilities of the Authority January 2024 C. RESPONSIBILITIES OF THE AUTHORITY. The AUTHORITY agrees: CA Schedule. Provide Notice to Proceed at least 14 days prior to actual project start date. C.2 Access. Provide access to property when required in performance of the INSPECTOR's services. C.3 Staff Assistance. Designate in writing, a person to act as its representative in respect to thework to be performed under this AGREEMENT, and such person shall have complete authority totransmit instructions, receive information; Interpret and define AUTHORITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT._; CA Review. Examine documents presented by the INSPECTOR and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of INSPECTOR. C.5 General Services during Construc ion .'Arrange for and provide services by a INSPECTOR knowledgeable of the PROJECT responsible for tasks and deliverables described herein. Review shop drawings, product submittals,;, equipment-manufacturers O &M manuals for compliance with the design intent as expressed in the contract documents. Respond to Contractor's Request forinformation (RFIs) and clarifications and provide recommendations to RFIs. Respond.tosthqulrles.from the Contractor relative to interpretation of the drawings and specifications; project schedule, pay applications, claims and change orders, and other matters concerning, construction.. Revise the conformed contract drawings to reference changes observed, by and'`recorded - during construction. These record drawings shall incorporate, changes shown on the Contractor's and the RPR's record sets of drawings, supplementary drawings, shop drawings, and other records of field changes, Provide standard operating procedures (SOPs), for process changes and new equipment associated with proposed changes. SOPS will be specific to processes and individual equipment, and will include description of process and equipment; function; general operation strategy; start-up and shutdown procedures; operation and control procedures; interlocks and necessary schematics and diagrams to help explain each process. MR Notebook Inspection sheets Additional copies as needed Construction Plans Approved submittals including proctors and design mixes AttachmentC C -1 Attachment C -2 Owasso Public Works Authority Original Elm Creek Outfall Rehabilitation Responsibilities of the RPR January 2024 C7 RESPONSIBILITIES OF THE RPR. The RPR agrees: C7.1 Schedule. Start the day on time when contractor starts or at the direction of the Authority. C.8 Coordination- coordinate with the Project Administrator, on a daily basis; this shall include rain days in which the project might be on hold or delayed_due to weather. C.9 Inspection Assistance. Coordinate assistance from other City inspectors in case RPR is sick, has another obligation, or needs to miss time. No more than a week at a time will be allowed to miss work C.10 Review. Examine documents provided by the owner, including plans, specifications, submittals, shop drawings and familiarize themselves with project C.11 General Services during Construction. provide responsible INSPECTIONS for tasks and deliverables described herein. Review shop drawings, product submittals, materials, and plans. Assure all work meets intent of the contract. Ensure all inquiries ask by the contractor are brought to the attention of the authority, provide recommendations to RFIs only at the direction of the authority. Respond to inquiries from the Contractor relative to interpretation of the drawings and specifications, project schedule, pay applications, claims and change orders, and other matters concerning construction only by direction of the authority. Revise the conformed contract drawings to reference changes observed by and recorded during construction. These record drawings shall Incorporate changes shown on the Contractor's and the RPR's record sets of drawings, supplementary drawings, shop drawings, and other records offield changes. C.12 Provide the followina equipment Vehicle Fuel Safety equipment (safety boots, vests, coats, gloves, glasses, hard hat) Computer (if needed) • Tape Measure Phone that the authority has permission to contact as needed Any and all other items necessary to complete day to day duties not covered within. Attachment C -2 C -2 Attachment D Owasso Public Works Authority Original Elm Creek Outfall Rehabilitation Compensation Kellogg Engineering January 2024 D. COMPENSATION. The AUTHORITY agrees to pay, as compensation for services set forth in the AGREEMENT, the following fees, payable monthly as the work progresses; and within 30 calendar days of receipt of invoice. INSPECTOR shall submit monthly invoices based upon actual hours used and deliverables provided at the time of billing. D.1 Inspection Services shall be paid by the hour @ a rate of $75 hr. not to exceed $58,125.00 outlined in Attachment B. D.2 Other INSPECTIONS Services, not included in the foregoing, when authorized in writing by the AUTHORITY, shall be paid -for byAmendment. D.3 In the event that the Construction Contractor does not complete all the work Included in the Construction Contract within the time for completion set out in the Construction Contract Documents, or by change order, all inspections shall become the responsibility of the contractor or; D.3.1 Cancel the contract with the INSPECTOR. Q.3.2 Negotiate additional services to be provided by INSPECTOR. Attachment D -t sd ��- .«=r -.�� TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Earl Farris, Project Administrator SUBJECT: Ranch Creek Interceptor Improvement Project Professional Inspection Services Agreement DATE: February 16, 2024 BACKGROUND: On January 9, 2024, the Owasso Public Works Authority approved a construction contract for the Ranch Creek Interceptor Improvement Project. The project requires full time inspections due to requirements associated with a loan from the Oklahoma Water Resources Board (OWRB). Current City staffing levels are not adequate to meet the OWRB inspection requirements. Therefore, staff is requesting to hire outside part time (5 hrs. per day) inspections through an individual inspector Tom Stritzke. If approved, staff will cover the additional hours of inspections needed to fulfill the OWRB requirements. INSPECTION SERVICES AGREEMENT: City staff and Tom Stritzke developed a scope of work for the improvement project. Mr. Stritzke provided rates for the project which were determined by scope and nature of the work. The following components are the responsibility of the firm, which are included in the agreement: Construction Inspections and Requirements - Daily Field Inspections - Daily Feld Report - Monthly Pay Request Recommendation - Construction Deviation Log - Close -out Punch List - Quality control testing observation and review - Plan and specification review - Inspection and Quality Control of material - Attend progress meeting as outlined Fees were negotiated based on days in the contract, plus additional hours to review plans and specifications before the start of the project. If approved by the OPWA, the cost for inspection services provided by Tom Stritzke will be $67,600.00. FUNDING: Funding for the inspection services agreement is included in the OPWA Budget. RECOMMENDATION: Staff recommends approval of the Agreement for Professional Inspection Services with Tom Stritzke of Nowato, Oklahoma, in the amount of $67,600.00 and authorization to execute all necessary documents. ATTACHMENTS: Location Map Agreement /Exhibits Ranch Creek Interceptor, Phase 11 Replacement Project Country Steed Estates Addition The Lakes at Bailey T -WalIcAIKES AT BAILEY DA KIP 14 E. 116th Str N. Owasso Maple Sports Glen Park Abbott Farms Hale Acres Meadowcrest Addition E. 106th Str N. >SKO Railroad Bailey Medical Mingo Center Grossing Honey Creek A&MIMI&MU 1" = 2000 ft Location Map 12/26/2023 SQ This met —,,ay r presents a Astral display w slated gEogrn I: h= C.1 ie.ut :L-Er'_cf 2:�' -I field condition-. To._ sere cf cc, n'=iA ac:jracy. :'-as- astir, ii- TEE.: onst'_ scafffc: —, C at up- tcdzt= 'nf orm r, AGREEMENT FOR PROFESSIONAL INSPECTION SERVICES FOR Ranch Creek Interceptor Upgrade Phase it THIS AGREEMENT, made and entered Into this 20 Feb., 2024 between the Owasso Public Works Authority, Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as AUTHORITY, and Tom Stritzke, DBA Tom Stritzke, an individual with Its principal office at 11595 E29 Road, Nowata Ok 74048„ hereinafter referred to as INSPECTOR, WITNESSETH: WHEREAS, AUTHORITY Intends to construct improvements totheRanch Creek Interceptor Upgrade Phase II, hereinafter referred to as the PROJECT; and, WHEREAS, AUTHORITY requires certain professional services In connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, INSPECTOR, is prepared to provide such SERVICES; NOW THEREFORE, inconsideration of the promises contained herein, the parties hereto agree as follows: SCOPE OF PROJECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROJECT, which Is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PEREORIMED = INSPECTOR. INSPECTOR shall perform the SERVICES described In Attachment B, SCOPE OF SERVICES, which is attached hereto and Incorporated by reference as part of this AGREEMENT. 3, AUTHORITY'S RESPONSIBILITIES. AUTHORITY will be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE AUTHORITY, which is attached hereto and Incorporated by reference as part of this AGREEMENT. 4, COMPENSATION. AUTHORITY will pay INSPECTOR in accordance with Attachment D, COMPENSATION. Service Agreement S. SCHEDULE. INSPECTOR shall perform the SERVICES described In Attachment B, SCOPE OF SERVICES. in accordance with the schedule set forth in Attachment F, SCHEDULE. attached hereto and incorporated by reference as partofthlsAGREEM ENT. 6. STANDARD OF PERFORMANCE. INSPECTOR shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and In effect at the time of performance of the SERVICES. The PROJECT shall be completed and INSPECTED in a good and workmanlike manner and in strict accordance with this AGREEMENT. All INSPECTION work shall be performed by or under the supervision of Professional INSPECTOR, and properly qualified to perform such INSPECTION services, which qualification shall be subject to review by AUTHORITY. Other than the obligation of the INSPECTOR to perform in accordance with the foregoing standards, no warranty, either express or Implied, shall apply to the SERVICES to be performed by the INSPECTOR pursuant to this AGREEMENT or the suitability of INSPECTOR'S deliverables. LIMITATION OF RESPONSIBILITY. 7,1, INSPECTOR shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of INSPECTOR at a construction site is forthe purpose of providing tothe AUTHORITY agreaterdegreeof confidence thatthecompleted construction work will conform generally to the construction documents and that the Integrity of the design concept as reflected ;in the construction documents has been implemented and preserved by the construction contractor(s), 7.8, in soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample Intervals and at locations other than where observations, exploration, and investigations have been made. Because of the Inherent uncertainties In subsurface evaluations, changed or unanticipated underground conditionsmay occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of INSPECTOR. SCHEDULE. 8.1, Since INSPECTOR has no control over the resources provided by others to meet construction contractschedules, INSPECTOR'S forecast schedules shall be made on the basis of qualifications and experience as a Professional INSPECTOR. 9.1. INSPECTOR shall defend and Indemnify AUTHORITY from and against legal liability for damages arising out of the performance of the SERVICES for Service Agreement AUTHORITY, Including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of INSPECTOR, or any person or organization forwhom INSPECTOR Is legally liable. Nothing in this paragraph shall make the INSPECTOR liable for any damages caused by the AUTHORITY or any other contractor or consultant of the AUTHORITY. 9.2. INSPECTOR shall not be liable to AUTHORITY for any special, indirect or consequential damages, such as, but not limited lo, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. AUTHORITY agrees to include In all construction contracts the provisions of Articles 7.1, and 7,2, and provisions providing contractor indemnification of AUTHORITY and INSPECTOR for contractor's negligence. 10.2. AUTHORITY shall require construction contractor(s) to name AUTHORITY, and Tom Stritzke as additional Insureds on the contractor's general liability Insurance policy. 11. COMPLIANCE WITH LAWS. In performance oftheSERVICES, INSPECTOR shallcomply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. INSPECTOR shall procure the permits, certificates, and licenses necessary to allow INSPECTOR to perform the SERVICES. INSPECTOR shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to INSPECTOR in Attachment B, SCOPE OF SERVICES. 12. INSURANCE, 12,1 During the performance of the SERVICES under this AGREEMENT, INSPECTOR shall maintain the following Insurance: Vehicle Insurance Accidental 12.2 INSPECTOR shall furnish AUTHORITY certificates of insurance which shall Include a provision that such insurance shall not be canceled without at least 30 days written notice to the AUTHORITY. Service Agreement 13 14 j:�]ry�1��.9;lIJil��l�t��1,'1_�i s • t➢�d�Yr�l 13.1 All documents, including record drawings, field notes and data shall become and remain the property of theAUTHORITY. 13.2 AUTHORITY'S reuse of such documents without written verification or adaptation by INSPECTOR for the specific purpose intended shall be at AUTHORITY'S risk. il 14.1 The obligation to continue SERVICES underthls AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms - hereof through no fault of the terminating patty. 14.2 AUTHORITY shall have the right to terminate this AGREEMENT, or >, suspend performance thereof, for AUTHORITY'S convenience upon written notice to INSPECTOR; and INSPECTOR shall. terminate or "suspend performance of SERVICES on a schedule acceptable to AUTHORITY.: In the event of termination or suspension for AUTHORITY'S convenience, AUTHORITY shall pay INSPECTOR for all SERVICES performed to the date of termin4on1n accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, fNSPECTOR's contract price and schedule shall be equitably adjusted. 15 NOTICE. Any notice, dema deemed properly mall, postage pre To to the IA Tom Strltzke 595 E29 Rd iwata, Ok 74048 nade pursuant to this AGREEMENT shall be in writing or deposited in the United States below. To AUTHORITY: Owasso Public Works Authority P.O. Box 180 Owasso, Oklahoma 74055 Attention; Roger Stevens 15.1 Nothing contained In this Article shall be construed to restrict the transmission of routine communications between representatives of INSPECTOR and AUTHORITY, Service Agreement 16 UNCONTROLLABLE FORCES. Neither AUTHORITY nor INSPECTOR shall be considered to be in default of this AGREEMENT If delays In or failure of performance shall be due to forces which are beyond the control of the parties; Including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either AUTHORITY crINSPECTOR under this AGREEMENT; strikes, work slowdowns or other labor disturbances, andjudicial restraint. 17 SEVE ABR ILITY. If any portion of this AGREEMENT shall be conslrycd by a court of competent jurisdiction as unenforceable, such portion shall be severed 'herefrom, and the balance of this AGREEMENT shall remain in fullforce and effect. 16 INTEGRATION AND MOD I FICATIONThis AGREEMENT includes Attachments A, B, C, D, E, F and represents the entire and Integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or'agreements pertaining to the SCOPE OF SERVICES herein, eitherwritten ororal..AUTHORITY may make or,approve changes within the general Scope of Services inthls AGREEMENT. If such changes affect IN SPECTOR's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT maybe amended only by written instrument signed by each of the Parties. 19 DISPUTE RESOLUTION PROCEDURE: In the event of a dispute between the INSPECTOR and the AUTHORITYover the Interpretation orapplication of theterms of this AGREEMENT, the matter shall be referred to the AUTHORITY's Director of Public Works for resolution. If the Director of Pub11c4Works Is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the AUTHORITY Manager for resolution. Regardless of these' procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20 ASSIGNMENT, INSPECT6R'shall not-assIgn Ito obligations undertaken pursuant to this AGREEMENT, provided- that nothing' contained in this paragraph shall prevent INSPECTOR from ;employing such independent consultants, associates, and subcontractors as INSPECTOR may deem appropriate to assist INSPECTOR in the performance of the SERVICES hereunder. 21 APPROVAL. It Is understood and agreed that allwork performed under this AGREEMENT shall be subject to Inspection and approval by the AUTHORITY, and any plans or specifications not meeting the terms set forth in this AGREEMENT shall be replaced or corrected at the sole expense of the INSPECTOR. The INSPECTOR shall meet with the AUTHORITY staff initially and periodically thereafter and will be available for public meetings and/or AUTHORITY presentations. Service Agreement 22 KEY PERSONNEL. In performance of the SERVICES hereunder, INSPECTOR has designated himself for the PROJECT. INSPECTOR agrees that no change will be made in the assignment of this position without prior approval of AUTHORITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effectiveon the date executed by the Chair of the AUTHORITY. Tom Stritzke (DBA) T Stritzke Date O ZJ d� / 2024, OWASSO PUBLIC WORKS AUTHORITY Chair, Kelly Lewis Date: February 20, 2024 ATTEST: Authority Clerk, Juliann M. Stevens APPROVED AS TO FORM: Authority Attorney, Julie Lombardi Service Agreement 6 Attachment A Owasso Public Works Authority Ranch Creek Interceptor Upgrade Phase II Scope of Project Tom Stritzke Lead Inspector February 2024 A. !SCOPE OF PROJECT. The scope consists of observations of construction progress and quality assurance testing to assess compliance with the construction (Contract Documents) for the Ranch Creek Interceptor Upgrade Phase II, Including the following: - Construction Observations; including visual Inspection of all materials on site scheduled installation as well as all Installation. Quality Control Testing - Dally Reports Photos The construction that will take place at the Ranch Creek Interceptor Upgrade Phase II Removal and Replacement of PVC sanitary sewer pipe and all appurtenances Installation of Manholes and appurtenances Installation of low water crossings, erosions control devices including AJAX system General Service during Construction will be performed by others and are excluded from this AGREEMENT. Refer to Attachment C, Responsibility of the Authority, for further detail. Attachment A A'f Aftachment B Owasso Public Works Authority Ranch Creels Interceptor Upgrade Phase II Scope of Services INSPECTIONS January 2024 B. SCOPE OF SERVICES The services to be performed by the INSPECTOR AGREEMENT relate to observation services during construction of the Ranch Creek Upgrade Phase 11, Project No. 61 -40- 455 -176 (FAP- 24- 000l -L) and „'(P,J13' CMF20221422) as further defined below. It is understood and'agreed that the date of rate of progress, and the time of completion of the services to be done herein ar provisions of this AGREEMENT. The services included' herein wilt commence upon E this AGREEMENT and Issuance of a Notice to Proceed. Through the performance of services herein, the INE and deficiencies In the work of construction contras the INSPECTOR shall not supervise, direct or have nor shall the INSPECTOR have authority over or rest techniques, sequences or procedures or for safety INSPECTOR shall not guarantee the performance o shall not be responsible for the failure of cpastri accordance with the Contract Documents. LXI under this beginning, a essential <ecution of all endeavor to Identify defects :r, by furnishing such services, construction contractors' work construction means, methods, or programs. Accordingly, the i contractors and INSPECTOR iclors to perform the work in 6.1.1 The INSPECTOR shall provide RESIDENT PROJECT REPRESENTATIVE (RPR) services for a total of up to 1650 hours based on a,construction contract of 330 days @ 5 hrs. per calendar days (of days worked) and up to 40 hours @ Notice of Award for a total not to exceed 1690 hours., M -F an as needed on weekends not to exceed 35 hrs, per week. Services required beyond this time period or this total number of hours will be considered to be beyond the scope of this AGREEMENT;; 13.1.2 The RPR duties and responslbll [ties areas follows: - Review construction plans and specs of contract Conduct on-site observations of the work in progress to assist in determining whether the work is proceeding in accordance with the Contract Documents and whether completed work will conform to the contract documents or standards of the Authorfty. Prepare daily field reports to record hours on the jobsite, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Log all work - related conversations with contractor and residents that visit the site. Attachment B B -1 - Review and Inspect all material delivered to job site to verify they meet the approved submittals and shop drawings provided by the contractor and approved by the authority - Monitor the progress schedule andschedule of values prepared by the Contractor for contract compliance and provide documentation and recommendations to the AUTHORITY concerning acceptability. - Maintain a file of shop drawings and samples furnished. Advise Contractor immediately of the commencement of any work requiring shop drawing if the submission has not been reviewed and no exceptionstaken. Attend progress meetings and other job conferences as attend In advance, and circulate copies of meetings there Report to AUTHORITY and document w unsatisfactory, faulty or defective or does not not meet the requirements of any inspections, been damaged prior to final payment; and ai should be corrected or rejected or should bei testing, Inspection or approval. Verify that tests, and all other required conditions sanitary sewer line is put into service. Document those expected to believes-thet any work is Contract Documents, or does at required to be made or has TY when RPR believes work servatlon, or requires special met before any segments of the Review applications for payment with Contractor for compliance with the established procedure with contractor for their submission and iarward the pay applications with recommendations to AUTHORITY, noting,particularlythe relation of the pay application to the schedule of values, work completed to -date, and materials and equipment delivered at the site but not Incorporated In the work. Conduct final Inspection in the company of AUTHORITY and Contractor, and prepare a final list of Items to be completed or'corrected.`Verify that all items on final punch list have been completed or corrected and make recommendations concerning acceptance. - Meet with the City Engineer and Project Administrator once a week to discuss the project, sketches of changes or concerns In the field (red line set of plans) - Identify and locate- elther upstream of downstream of a manhole the location of all service tape. This could tie old taps terminated, replacement of services or new taps (if authorized by the City of Owasso prior to installation) Deliverables: - Daily Field Reports - Monthly Pay Request Recommendation (approvable quantities) Construction Deviation Log (Red Line Set of Plans) - Close -out Punch List - PicturesNideolsketches Attachment B B -2 B.2.1 The INSPECTOR shall observe, testing laboratory services for testing requested by the CONTRACTOR for quality assurance purposes per Secllon 001410 of the construction contract documents. B.2.2 Anticipated testing includes the following items of work: - Cast -In -place concrete: Observe testing of concrete samples per ASTM C31 for compliance with the construction contract documents. - Structural backflll materials: Observe testing of compacted fill materials and verify pass/ fall based on proctors supplied by the contractor to the authority. Test par ASTM D422, D1140, and D698 as required to verify fill materials are in accordance with the construction contract documents, B.2.3 Review reports to cladfy if testing requirements have been slump, and temperature all meet criteria on approved proctor B.2.4 Observe all mandrel testing and document passing sections 'I B.2.5 Observe all pressure testing C. Nrpressun usr. 1. The Coutmctorslmll plug boll] ends order line and pressure lot line 10 4.0 list. 2. When tile line is at pressure Il]eproject Impeder olerllobserve dm pressure gage lite[into required in die lablobefmv: _ Olpe Man. tcaem Tine rer Inc. Tine Min Long-0e to A. 2p D. :3008 4W A. 5000. (In) (ndnam) Tinto (0) ;Leophtsco) 4 3:46 $97 ...:' 0.380E SAM 346.< ; 3,16, 346 SAO 6 SAO 396 0854E .SAO 5.40 ':,SAO 542 7:07 8 7:34 298 1.520L 734 734 706 10.08 12:40 10 9:26 -239. 2.3744 f9.26 9:26 11:52 1$:49 19:47 12 1190 199 -. 34184 ' 1130 Ildd." 17:05 22:47 209 IS 14:100 159 _.: `.15342L 14:100 174$ 26A2 35:36 44:31 IN - ::.17.W 133 7.692L 17:00 2308 3827 S1:16 64:0.6 21 1910 114 ` 104701. f000 Mitt 5221 69:48 8715 24 22:40 99. 13.6741. 22:47 45:34 6822 91:10 113:57 3. Irdte fill$ does not elect lest requiroments, the Consractar sha)I snake necessary repahs0nd ntn1. 4 When the test Is completed. dnCmOmclor shall nmowall plugs and Contra lilt line suits: Tim nsondrel must pus Ibrouglt Ibo Ihm. Tim City may lost or Iml of pipe alignmeu by we Oro video eupam. 95% of air, B.2.6 Observe all vacuum test on each manhole (10HG) with no loss for 47 seconds and document all passing manholes B.2.7 Notify OWNER if concerns arise regarding elevation or slope so surveyors can be contracted prior to covering the trench Deliverables: - passing/ Falling Reports and when and where tests are taken Attachment B B -3 C. CA Attachment C Owasso Public Works Authority Ranch Creek Interceptor Upgrade Phase II Responsibilities of the Authority January 2024 Schedule. Provide Notice to Proceed at least 14 days prior to C.2 Access. Provide access to property when required in perl services. C.3 Staff Assistance. Designate in writing, a person to act as the work to be performed under this AGREEMENT, and sr authority to transmit instructions, receive information, Intel policies and decisions with respect to materials, egoln pertinent to the services covered by this AGREEMENT. start. spresentalive In'respect to arson shall have complete and define AUTHORITY'S t, elements and systems CA Review. Examine documents presented by the INSPECTOR and render In writing decisions pertaining thereto within a reasonable time so as riotto delay the services of INSPECTOR. C.6 General Services durino Construction. Arrange for and. provide services by a licensed Professional INSPECTOR knowledgeable of the PROJECT responsible for tasks and deliverables described hereto. Revlew'shop drawings, product submittals, equipment manufacturers O&M ' manuals for compliance with the design Intent as expressed in the contract documents. Respond to Contractor's Request for Information (RFIs) and clarifications and,, provide recommendations to RFIs, Respond to Inquiries from the Contractor relative to Interpretation of the drawings and specifications, project schedule, pay applications, claims and change orders, and other matters concerning construction. Revise the conformed contract drawings to reference changes observed by and recorded during construction, These record drawings shall incorporate changes shown on the Contractor's and the RPR's record sets of drawings, supplementary drawings, shop drawings, and other records of field changes. Provide standard operating procedures (SOPS) forprocess changes and new equipment'assoclated with proposed changes. SOPs will be specific to processes and Individual equipment, and will include description of process and equipment; function; general, operation strategy; start -up and shutdown procedures; operation and control procedures; Interlocks and necessaryschematics anddiagramstohelpexplain eachprocess. C.6 Provide the foilowina ecutoment Notebook Inspection sheets Additional copies as needed • Construction Plans Approved submittals including proctors and design mixes Attachment C C-1 Attachment C -2 Owasso Public Works Authority Ranch Creek Interceptor Upgrade Phase II Responsibilities of the RPR January 2024 - • • I7T�i1i 1�7�tii C C.8 Schedule. Start the day on time when contractor starts or at the directia C.8 Coordination - coordinate with the Project Administrator/ City Engineer, shall include rain days in which the project might be on hold or delayed; C.10 Inspection Assistance. Coordinate assistance from other City Inspec sick, has another obligation, or needs to miss time, No more than a be allowed to miss work 0,11 Review. Examine documents provided by submittals, shop drawings and familiarize that C.12 C.13 plans, Assure all work meets Intent of are brought to the attention of the at direction of the authority. Respond to of the drawings and specifications, p orders, and other matters concerning the conformed contract drawings to construction. These record drawings and the RPR's record sets of drewino if the Authority. a dally basis; this e to weather. 's In RPR Is eak at time will plans, specifications, responsible, INSPECTIONS for tasks and awings, product submittals, materials, and of Ensure alLinquirles ask by the contractor ovide recommendations to RFIs only at the rom the:Contractor relative to Interpretation dule, pay applications, claims and change on only by direction of the authority. Revise changes observed by and recorded during porate changes shown on the Contractor's nentary drawings, shop drawings, and other Safety equipment (safety boots, vests, coats, gloves, glasses, hard hat) • Computer (if needed) Tape Measure Phone that the authority has permission to contact as needed • Any and all other items necessary to complete day to day duties not covered within. Attachment C C -2 Attachment D Owasso Public Works Authority Ranch Creek Interceptor Upgrade Phase II Compensation DBA Tom Stritzke January 2024 D. COMPENSATION. The AUTHORITY agrees to pay, as comps AGREEMENT, the following fees, payable monthly as the work days of receipt of Invoice. INSPECTOR shall submit monthly used and deliverables provided at the time of billing D.1 Inspection Services shall be paid by the hour @ a rate outlined in Attachment B. D.2 Other INSPECTIONS Services, not Included In the;fore, the AUTHORITY, shall be paid -for by Amendment. D.3 in the event that the Construction Contractor does not c Construction Contract within the time for completion s Documents, the AUTHORITY may, at its option: D,3.1 Cancel the contractwith the INSPECTOR, or D 3.2 Negotlate the costs of services the INSPECTOF set forth in the In 30 calendar n actual hours $40 hr not to authorized in writing by the work Included in the D Construction Contract will provide the AUTHORITY. Attachment D D -1 __w�sd TO: The Honorable Mayor and City Council The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Jake Ketner, P.E., Civil Engineer SUBJECT: Hale Acres Waterline Replacement Project- Phase II DATE: February 16, 2024 BACKGROUND: On March 21, 2023, the City Council approved Resolution 2023-02, authorizing the submission of an application for the 2023 -2024 Community Development Block Grant (CDBG) contract in the amount of $159,894.62 for the Hale Acres Waterline Replacement Project. The Hale Acres subdivision was platted in 1972, and the waterlines were built with a material that was state of the art for the time period, but have reached the end of their service life. The Public Works Department designed a replacement waterline to serve the eastern and western north /south streets of the neighborhood. The base bid of the project will replace approximately 1,200 linear feet of waterline along with fourteen water service lines, The project was bid with three additive alternates. Alternate #1 is replacing a six -inch diameter waterline on the southern block of 1 12th Street North, alternate #2 is replacing the middle block of 1 12th Street North, and alternate #3 is replacing the northern block of 1 12th Street North. SOLICITATION OF BIDS: In January 2024, City Engineering staff completed final bid documents, and published advertisements in accordance with state statutes on January 3 and 10, 2024. A mandatory pre - bid meeting was held on January 31, 2024, and bids were opened on February 6, 2024, with a total of three contractors submitting bids. Creek Construction provided the lowest qualified base bid in the amount of $279,490.00. Included in the base bid is a project allowance of $30,000.00 should the final project cost require any additional scope of work, unforeseen at the time of bidding. In addition, staff is proposing Alternate # 1 in the amount of $78,555.00, as part of the bid award as funding is available through the OPWA. Base Bid Alternate #1 Alternate #2 Alternate #3 Engineering $299,936.50 $123,088.25 $121,245.60 $179,762.10 Estimate Creek $279,490.00 $78,555.00 $76,620.00 $142,995.00 Construction MSB $280,460,00 $79,305.00 $74,574.00 $170,234.00 Construction Triangle $346,525.00 $171,695.00 $170,280.00 $227,190.00 Construct on Creek Construction provided the lowest qualified base bid in the amount of $279,490.00. Included in the base bid is a project allowance of $30,000.00 should the final project cost require any additional scope of work, unforeseen at the time of bidding. In addition, staff is proposing Alternate # 1 in the amount of $78,555.00, as part of the bid award as funding is available through the OPWA. Hale Acres Water Bids Page 2 FUNDING: Funding in the amount of $159,894.62 is available through the Community Development Block Grant, with the remaining balance of $198,150.38 from the OPWA Fund. RECOMMENDATION: Staff recommends awarding the base bid and alternate # 1 in the amount of $358,045.00 to Creek Construction, of Skiatook, Oklahoma, and authorization to execute all necessary documents. ATTACHMENT: Location Map Construction Agreement i I �. ff _- '3AVII- tiN '�V.,'3T 3 H �.I it nr _ _ _ _, •. -� �i — J Q 4 - pp - f7 . �Y i 1 4d _ d Wkb x ILL SECTION 00300 Hale Acres Water Line Replacement Phase H THIS AGREEMENT is dated as of the 20th day of February 2024 by and between Owasso Public Works Authority (hereinafter called OWNER) and Creek Construction (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: Placement of approximately 1200 LF of 6" PVC waterline along with miscellaneous fittings, re- connections to the existing water system and replacement of approximately 14 domestic water service lines. Project will be partially funded by a Community Development Block Grant. Project is located along N 106' E Ave from 112`' St N to 114'h St N. 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 Eighty (180) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within Two Hundred and Ten (210) 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 0323 00300 - Page 1 of 15 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 $ 358,045.00 ARTICLE 5. PAYMENT 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 01a) 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: 0323 00300 - Page 2 of 15 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. 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. 0323 00300 - Page 3 of 15 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 a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the CONTRACTOR are attached to this Agreement, following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", 'B ", "C" and "D" to this Ag 7.3 Advertisement for Bids (Section 00100). , 7.4 Requirements for Bidders (Section 001101 7.5 Instructions to Bidders (Section 00 7.6 Bid (Section 7.7 7.8 Bid Affidavits a part hereof, 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate ofNon- 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). OWNER and 5onsist of the 0323 00300 - Page 4 of 15 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 17, inclusive, and,Sta 7.21 Addendum Numbers 1 to 1—, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of 7.23 Any Modification, including Change Orders, duly delivered Agreement. Drawings. of 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, (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 part y 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 6e',, assigned without such consent (except to the extent that the effect of this, restriction maybe 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 unilt 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. AGREEMENT 0323 00300 - Page 5 of 15 This Agreement will be effective on OWNER: CONTRACTOR: 0 Kelly Lewis, Mayor 0323 00300 - Page 6 of 15 AGREEMENT 0323 00300 - Page 7 of 15 APPLICATION AND CERTIFICATE FOR PAYMENT Page One of TO: (Owner) FROM: (Contractor) PROJECT: CONTRACT FOR: Contract Date:_ Application Date: Period To: Distribution To: Owner Architect Contractor Engineer CONTRACTOR'S APPLICATION FOR PAYMENT I Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. 1. Original Contract Sum 2. Net Change by Change Orders $ t H E G'! 7 Contract Sum to Date (Line 1 & 2) $ Total Completed & Stored to Date $ (Column G on Continuation Sheet) Retainage: a. % of Completed Work $ (Column D & E on Continuation Sheet) - FINAL b. % of Stored Material $ (Column F on Continuation Sheet) Total Retainage (Line 5a & 5b) Total Earned Less Retainage (Line 4 less Line 5 Total) Less Previous Certificates for Payment F9 AGREEMENT 0323 00300 - Page 8 of 15 8. CURRENT PAYMENT DUE 9. Balance to Finish, Plus Retainage (Line 3 less Line 6) CHANGE ORDER SUMMARY: (SEAL) My Commission Expires: mation ted in for for )m the Notary Public 0323 00300 - Page 9 of 15 ARCHITECT'S / ENGINEER'S CERTIFICATE FOR PAYMENT In accordance with the contract documents, based on on -site observations and the date comprising the above application, the Architect/Engineer certifies to the Owner that to the best of the Architect/s /Engineer's knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. AMOUNT CERTIFIED $ (Attach explanation if amount certified differs from ARCHITECT / ENGINEER: ED This certificate is not negotiable. The AMOUNT CI named herein. Issuance, payment and acceptance of the Owner or Contractor under this Contract. applied for.) ible only to the contractor prejudice to any rights of AGREEMENT 0323 00300 - Page 10 of 15 CONTINUATION SHEET Page of Application and Certification for Payment, containing Contractor's signed Certification is attached. Application Number: Application Date: Period to: In tabulations below, amounts are stated to the nearest dollar. Use variable retainage for line items may apply. I on Contracts where A B C D E (cont) o ITEM DESCRIPTION SCHEDULED WORKCOMPLETED uiORK COMPLETED NO. OF WORK VALUE FROM PREVIOUS THIS PERIOD APPLICATION ❑ (cont) F G - ` H I R E) MATERIALS TOTALCOMPLETED AND STORED c % BALANCE PRESENTLYSTORED TO DATE (G /C) TO FINISH RETAiNAGE (NOT3ND0 (D +E +I) (C -G) NOTE: At bottom of each column, run totals. AGREEMENT 0323 00300 - Page 11 of 15 CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA )SS COUNTY OF The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown.,bythis Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain payment or the award of this contract. Contractor or Supplier Subscribed and sworn to before me this I day Notary Public Commission I My Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. 0323 00300 -Page 12 of 15 EXHIBIT "B" CITY OF OWASSO, OKLAHOMA Contractor and Engineer Payment Schedule INVOICES ARE TO BE SUBMITTED FOR THE REGULARLY SCHEDULED CITY COUNCIL MEETINGS ONLY. The contractor or engineer shall have his/her pay request in by 5:00 p.m. on the first day of the month unless the first falls on a Saturday, Sunday or Holiday, then it will be the next working day. Pay requests are, therefore, due on the following dates: February - 02/01/24 June - 06/03/24 October 10/01/24 March 03/01/24 July 07/01/24` November - 11/01/24 April - 04/01/24 August 08/01/24 December - 12/02/24 May - 05/01/24 September - 09/03/24 January 01/02/25 Failure pay cyc delayed until the following 0323 00300 - Page 13 of 15 EXHIBIT "C" CERTIFICATION OF TAX EXEMPT PUBLIC PROJECT The City of Owasso hereby certifies that: Creek Construction public contract pursuant to the law for the following purposes, to -wit: has duly entered into a Hale Acres Water Line Replacement Phase H Accordingly, under the provisions of 68 O.S. § 1356(1), the sale of tangible personal property or services necessary for carrying out such public contract to the contractor or any sub - contractor to such public contract are exempt from sales tax. Any contractor, or sub - contractor of such public contract shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that the purchases are necessary for carrying out such public contract with the City of Owasso. CITY OF OWASSO, OKLAHOMA By Krystal Amberg Contract Administrator 0323 00300 - Page 14 of 15 EXHIBIT "D" CERTIFICATE OF APPROVAL OF CONTRACT AND BONDS I, the undersigned, Julie Trout Lombardi, the duly authorized and acting legal representative of Owasso Public Works Authority , do hereby certify as follows: I have examined the construction contract between the contractor. Creek Construction , and the above -named entity, and the surety bonds given by the contractor in connection with the performance of said contract, and the manner of execution of the contract and surety bonds; and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto, acting through their fully authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named therein; and that the foregoing contract and surety bonds constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions, and provisions thereof. Dated this day of Julie Trout Lombardi, City Attorney Tulsa County, Oklahoma 0323 00300 - Page 15 of 15 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 02/10124 Department Payroll Expenses Total Expenses 400 OPWA Administration 19,157.65 28,944.16 405 Utility Billing 9,049.92 15,061.76 420 Water 18,019.09 28,473.16 450 Wastewater 15,730.08 26,154.70 455 Wastewater Collection 16,686.15 28,748.14 480 Refuse 15,911.13 27,852.22 485 Recycle Center 3,032.05 5,492.86 FUND TOTAL 97,586.07 160,727.00 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY FISCAL YEAR 2023.2024 Budgetary Basis Statement of Revenues & Expenses As of January 31, 2024 OPERATING REVENUES: Water Wastewater Refuse Recycle Other Utility fees TOTAL OPERATING REVENUES OPERATING EXPENSES: OPWA administration Utility Billing Water Wastewater Treatment Wastewater Collections Refuse Recycle Debt payments TOTAL OPERATING EXPENSES OPERATING FUND OPERATING REVENUES OVER /(UNDER) EXPENDITURES NONOPERATING REVENUES /(EXPENSES): Interest Other revenues /)expenses) TIF revenues /(expenses) Federal Grants (ARPA) TOTAL NONOPERATING REVENUES /(EXPENSES) 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 FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET $ 532,780 $ 5,027,240 $ 7,956,963 63.18% 607,967 3,922,705 6,291,547 62.35% 226,289 1,637.866 2,650,914 61.78% 4,928 15,510 34,803 44.57% 18,538 146,014 223,980 65.19% $ 1,390,503 $ 10,749.335 $ 17,158,207 62.65% $ (229,231) $ (1,029,358) $ (8,535,413) 12.06% (44,891) (338,835) (586,126) 57.81% (358,499) (2,814,057) (6,174,639) 45.57% (115,175) (2,183,540) (3,415,565) 63.937 (70,630) (612,110) (5,125,336) 11.94% (481,015) (1,232,199) (1,959,994) 62.87% (83,815) (646,536) (846.918) 76.34% (284,036) (1,999,087) (4,252,150) 47.01% $ (1,667,292) $ (10,855,721) $ (30,896,141) 35.14% $ (276.789) $ 1106,387) $ (13.737,934) 25,000.000 $ 19,040 $ 123,765 $ 108.721 113.847. 2,196 187,555 33,500 559.86% 11,810 146,814 (540,321) - 27.17% - 2,417,450 3,458.450 69.90% 7 33,047 $ 2,875,583 $ 3.060,350 $ - $ - $ 25,000.000 (15,629) (40.848) (19.359,600) $ (15,629) $ (40,848) $ 5,640,400 $ (259.377) $ 2,728,348 $ (5,037,184) $ (2,157,399) 12,618,619 8,136,057 $ 13,189,569 $ 3,098,873 - 54.16% POs