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Home My WebLink About1999.06.15_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: Regular DATE: June 15, 1999 TIME: 6:30 p.m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Friday, June 11, 1999. Marcia outwell, Autifiority Secretary AGENDA 1. Call to Order 2. . Invocation Marcia Boutwell City Clerk 3. Flag Salute 4. Roll Call 5. Consideration and Appropriate Action Relating to a Request for Approval of the Consent Agenda. All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from consent by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of the Minutes of June 1, 1999 Regular Meeting. Attachment 45 -A Owasso Public Works Authority June 15, 1999 Page 2 B. Approval of Claims. Attachment #5 -13 1 6. Consideration and Appropriate Action Relating to a Request for Trustee Adoption of OPWA ' Resolution #99 -02, a Resolution Adopting an FY 1999 -2000 OPWA Budget for All Funds Administered by the Owasso Public Works Authority. ' Mr Hancock Attachment #6 ' The staff will recommend Trustee adoption of OPWA Resolution 499 -02, and that the staff be directed to make the appropriate filings of such resolution and budget documents. 1 7. Consideration and Appropriate Action Relating to the Award of a Bid for the NorthOwasso ' Wastewater Collection System Improvements. Mr Carr Attachment #7 The staff has completed the bidding process, reviewed the bids received, and will recommend ' that the Trustees award a contract for construction of the North Owasso Wastewater Collection System Improvements to Sapulpa Digging, Sapulpa, OK, in the amount of $374,000, and authorization for the Chair to execute the contract. 1 1 Owasso Public Works Authority June 15, 1999 Page 3 ' 8. Consideration and Appropriate Action Relating to the Award of an Engineering Design Agreement for the Ator Sewer Relief Line. Mr Carr Attachment #8 The staff has reviewed the proposals submitted, and will recommend that the Trustees approve ' an engineering design services agreement with Hub + Garver Engineers, for the Ator Sewer Relief Line in the amount of $56,820, and authorization for the Chair to execute the document. 9. Consideration and Appropriate Action Relating to OPWA Resolution #99 -03, a Resolution Authorizing Two Loans from the Oklahoma Water Resources Board in the Combined Total Aggregate Principal Amount of Not to Exceed $1,501,609.92; Approving the Issuance of Two Promissory Notes in the Combined Total Aggregate Principal Amount of Not to Exceed $1,501,609.92, Secured by a Pledge of Revenues and Authorizing Their Execution; Designating the Local Trustee; Approving and Authorizing the Execution of Two Loan Agreements; Approving and Authorizing the Execution of a Series 1999 Supplemental Note Indenture; Approving and Authorizing the Execution of a Security Agreement; Ratifying a Lease, as Amended by an Amendment to Lease; Approving Various Covenants; Approving and Authorizing Payment of Fees and Expenses; Establishing the Authority's Reasonable Expectations With Respect to the Issuance of Tax- Exempt Obligations in Calendar Year 1999; Authorizing Documents Pertaining to a Year -to -Year Pledge of Certain Sales Tax Revenue; and Containing Other Provisions Relating Thereto. Mr Brooks Ms Bishop Attachment 49 The staff will recommend Trustee approval of OPWA Resolution 499 -03. 'L Owasso Public Works Authority June 15, 1999 Page 4 10. Report from OPWA Manager 11. Report from OPWA Attorney 12. New Business 13. Adj ournment 1 OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, June 1, 1999 The Owasso Public Works Authority met in regular session on Tuesday, June 1, 1999 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, May 28, 1999. tITEM 1: CALL TO ORDER Mr Wilken called the meeting to order at 7:40 p.m. ITEM 2: FLAG SALUTE IThe flag salute was given during the City Council meeting preceding this meeting. ' STAFF Ronald D Cates, Authority Attorney Marcia Boutwell, Authority Secretary ABSENT ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of May 18, 1999 Regular Meeting. B. Approval of Claims C. Action Relating to Trustee Authorization for Payment for the Northside Wastewater Collection System Improvements Project Right -of -Way Easements and Update of Abstracts. Dr Bode moved, seconded by Mr Williams, to approve the consent agenda. The consent agenda included minutes of the May 18, 1999 regular meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) OPWA Fund $53,302.82; (2) OPWA Capital Improvement Fund $37,843.62; (3) OPWA Sewerline Extension $23,000.00; (4) OPWA Sales Tax Fund $120,765.41; (5) Payroll $31,877.34. Item C requested Trustee authorization for payment for the easements required for the Northside Wastewater Collection System project, as outlined in the easement documents; and authorization for a payment of $200 each to update the abstracts. ITEM 3: ROLL CALL PRESENT Mark Wilken, Chair ' Mary Lou Barnhouse, Vice Chair Denise Bode, Trustee Melinda Voss, Trustee ' H C "Will" Williams, Trustee ' STAFF Ronald D Cates, Authority Attorney Marcia Boutwell, Authority Secretary ABSENT ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of May 18, 1999 Regular Meeting. B. Approval of Claims C. Action Relating to Trustee Authorization for Payment for the Northside Wastewater Collection System Improvements Project Right -of -Way Easements and Update of Abstracts. Dr Bode moved, seconded by Mr Williams, to approve the consent agenda. The consent agenda included minutes of the May 18, 1999 regular meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) OPWA Fund $53,302.82; (2) OPWA Capital Improvement Fund $37,843.62; (3) OPWA Sewerline Extension $23,000.00; (4) OPWA Sales Tax Fund $120,765.41; (5) Payroll $31,877.34. Item C requested Trustee authorization for payment for the easements required for the Northside Wastewater Collection System project, as outlined in the easement documents; and authorization for a payment of $200 each to update the abstracts. Owasso Public Works Authority AYE: Bode, Williams, Voss, Barnhouse, Wilken NAY: None Motion carried 5 -0. ITEM 5: REPORT FROM OPWAF MANAGER No report. ITEM 6: REPORT FROM OPWA ATTORNEY No report. ITEM 7: NEW BUSINESS None. ITEM 8: ADJOURNMENT Dr Bode moved, seconded by Ms Voss, to adjourn. AYE: Bode, Voss, Williams, Barnhouse, Wilken NAY: None Motion carried 5 -0, and the meeting was adjourned at 7:41 p.m. Marcia Boutwell, Authority Secretary 2 June 1, 1999 Mark Wilken, Chairperson 990215 990286 990422 990422 990448 990450 q No AT &T WIRELESS SERVICES OFFICE DEPOT CARD PLAN CUNNINGHAM PLUMBING INC CUNNINGHAM PLUMBING INC WATER PRODUCTS INC WATER PRODUCTS INC PHONE USE —ALL OFFICE SUPPLIES METER SETS 4/21/98 METER SETS 4/21/98 REPAIR/MAINT SUPPLIES REPAIR SUPPLIES 42.52 13.97 16,745.16 6,721.42 1,550.60 534.36 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY A/P CLAIMS REPORT APAPVR PAGE: 13 3710/99 19:23:17 PO it -- - - - - -- VENDOR ------------------- - - - - -- DESCRIPTION ------------------- - - - AMOUNT - -- ------- - - - - -- ---------------------------- 992932 TREASURER PETTY CASH DEPOSIT REFUNDS 20.00 DEPARTMENT TOTAL =___> 20.00 CIA ADMINISTRATION ----------------------------- y 990003 RONALD D CATES RETAINER 700.00 990214 WESTERN BUSINESS PRODUCTS COPIER MAINTENANCE 336.29 990215 AT &T WIRELESS SERVICES PHONE USE —CARR 34.67 '990215 AT &T WIRELESS SERVICES PHONE USE — ROBERTS 13.07 990215 AT &T WIRELESS SERVICES EQUIPMENT PURCHASE 246.05 990281 SAM'S CLUB MAINT SUPPLIES 45.96 990285 KIMBALL ACE HARDWARE MAINT /REPAIR SUPPLIES 6.97 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 127.20 992985 SOUTHWESTERN BELL TELE 5/99 PLEXAR 89.36 ' 992986 PSO 5/99 USE 118.62 DEPARTMENT TOTAL =___> 1,718-19 EILITY BILLING ----------------------------- 990281 SAM'S CLUB COMPUTER PAPER 25.25 990723 BRANDON HAMILTON METER READER 110.70 990724 OSCAR MCLAURIN METER READER 188.40 990726 BRAD SPARKMAN METER READER 155.70 990727 TYRONE DINKINS METER READER 314.10 990775 MARK MEYER METER READER 378.65 991003 ERIC MIKEL METER READER 169.80 992204 MICHAEL SHADBOLT METER READER 47.25 DEPARTMENT TOTAL =___> 1,389.85 ATER -------------------- - - - - -- 990215 990286 990422 990422 990448 990450 q No AT &T WIRELESS SERVICES OFFICE DEPOT CARD PLAN CUNNINGHAM PLUMBING INC CUNNINGHAM PLUMBING INC WATER PRODUCTS INC WATER PRODUCTS INC PHONE USE —ALL OFFICE SUPPLIES METER SETS 4/21/98 METER SETS 4/21/98 REPAIR/MAINT SUPPLIES REPAIR SUPPLIES 42.52 13.97 16,745.16 6,721.42 1,550.60 534.36 .3/10/99 PO # CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY 19:23:17 A/P CLAIMS REPORT VENDOR DESCRIPTION APAPVR PAGE: 14 AMOUNT �------------------------- - - - - - -- ------------------- - - - - -- ------- - - - - -- I I 990450 990450 991965 991999 992011 992011 992695 992766 992824 992825 992864 992985 992986 WATER PRODUCTS INC WATER PRODUCTS INC GELLCO SAFETY SHOES GEORGE & GEORGE SAFETY UNIFIRST CORPORATION UNIFIRST CORPORATION BROWN FARMS SOD CITY OF TULSA CITY GARAGE OKLAHOMA SAFETY COUNCIL CROW BURLINGAME SOUTHWESTERN BELL TELE P SO DEPARTMENT TOTAL =___> 3TEWATER TREATMENT PLANT dr------------------ lb I I no 990227 990470 990470 992011 992011 992567 992567 992725 992802 992813 992824 992907 992932 992932 992985 992986 SHERRY LABORATORIES INC ADVANCED CHEMICAL ADVANCED CHEMICAL UNIFIRST CORPORATION UNIFIRST CORPORATION SLUDGE TECHNOLOGY INC SLUDGE TECHNOLOGY INC GLOBAL EQUIPMENT CO SUBURBAN OFFICE SUPPLY DOLPHIN AQUA -TECH CITY GARAGE WASTE MANAGEMENT OF OKLA TREASURER PETTY CASH TREASURER PETTY CASH SOUTHWESTERN BELL TELE PSO DEPARTMENT TOTAL =___> ASTEWATER COLLECTION 990215 '990446 990464 990464 w 991999 992011 --------------- - - -- AT&T WIRELESS SERVICES WATER PRODUCTS INC MILL CREEK LUMBER & SUPPL MILL CREEK LUMBER & SUPPL GEORGE & GEORGE SAFETY UNIFIRST CORPORATION WATER METERS 9/15/98 REPAIR SUPPLIES STEEL -TOED BOOTS SAFETY SUPPLIES UNIFORM RENTAL /CLEANING UNIFORM RENTAL /CLEANING SOD PURCHASED WATER 4/99 VEHICLE MAINT 05/99 SAFETY TRAINING REPAIR SUPPLIES 5/99 PLEXAR 5/99 USE SLUDGE ANALYSIS CHLORINE CHLORINE UNIFORM RENTAL /CLEANING UNIFORM RENTAL /CLEANING SLUDGE TRANSPORTING SLUDGE TRANSPORTING DRUM PUMPS OFFICE SUPPLIES CLARIFIER BRUSHES VEHICLE MAINT 05/99 TIPPING FEES REIMB PETTY CASH REIMB PETTY CASH 5/99 PLEXAR 5/99 USE PHONE USE -ALL REPAIR/MAINT SUPPLIES REPAIR/MAINT SUPPLIES REPAIR / MAINT SUPPLIES SAFETY SUPPLIES UNIFORM RENTAL /CLEANING 1,780.60 913.79 105.30 35.62 13.20 30.10 60.00 95,703.09 425.93 75.00 26.25 47.87 247.80 125,072.58 120.00 810.00 205.00 25.47 25.47 446.40 446.40 34.30 56.00 122.10 46.06 54.85 5.00 6.73 44.68 6,208.46 24.47 26.82 26.07 5.55 35.62 16.10 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY /10/99 19:23:17 A/P CLAIMS REPORT APAPVR PAGE: 15 PO # -- - - - - -- VENDOR ------------------- - - - - -- DESCRIPTION ------------------- - - - - -- AMOUNT ------- - - - - -- 992011 UNIFIRST CORPORATION UNIFORM RENTAL /CLEANING 33.00 992013 IMPROVED CONSTRUCTION MET BALL PLUGS 2,780.00 992800 PORT -A -JOHN OF TULSA RENTALS -MAY /JUNE 417.20 992801 WAL -MART CHEMICALS 79.84 992806 EQUIPMENT ONE RENTAL & SA EQUIPMENT RENTALS 28.19 992824 CITY GARAGE VEHICLE MAINT 05/99 116.81 992825 OKLAHOMA SAFETY COUNCIL SAFETY TRAINING 100.00 992864 CROW BURLINGAME REPAIR SUPPLIES 16.00 992932 TREASURER PETTY CASH LICENSE FEE 35.00 992986 PSO 5/99 USE 705.87 DEPARTMENT TOTAL = = = => 4,446.54 ?USE COLLECTIONS ---------------------- - - - - -- DEPARTMENT TOTAL = = = => 3,169.64 FUND TOTAL =___> 159,146.90 990431 WAL -MART UNIFORM JEANS 16.84 991999 GEORGE & GEORGE SAFETY SAFETY SUPPLIES 14.25 992011 UNIFIRST CORPORATION UNIFORM RENTAL /CLEANING 17.60 992011 UNIFIRST CORPORATION UNIFORM RENTAL /CLEANING 17.60 992648 WILLIAMS REFUSE EQUIPMENT RED POLYCARTS- 10/6/98 2,950.00 992824 CITY GARAGE VEHICLE MAINT 05/99 2,535.03 992824 CITY GARAGE VEHICLE MAINT 05/99 1,480.02 OKLAHOMA SAFETY COUNCIL SAFETY TRAINING 100.00 '992825 992864 CROW BURLINGAME REPAIR PARTS 14.99 992907 WASTE MANAGEMENT OF OKLA TIPPING FEES 7,523.88 992932 TREASURER PETTY CASH REIMB PETTY CASH --------- ---- DEPARTMENT TOTAL =___> 14,673.18 _'YCLE CENTER ----------------------------- ' 990431 WAL -MART UNIFORM JEANS 100.00 992011 UNIFIRST CORPORATION UNIFORM RENTAL /CLEANING 4.40 UNIFIRST CORPORATION UNIFORM RENTAL /CLEANING 4.40 '992011 992815 MORTON MARINE INC BATTERY CHARGER 149.00 992907 WASTE MANAGEMENT OF OKLA TIPPING FEES 2,758.78 992932 TREASURER PETTY CASH REIMB PETTY CASH 7.84 '992985 SOUTHWESTERN BELL TELE 5/99 PLEXAR 22.64 992986 PSO 5/99 USE 122.58 DEPARTMENT TOTAL = = = => 3,169.64 FUND TOTAL =___> 159,146.90 CITY OF OWASSO OPWA CAPITAL IMPROVEMENT FUND .3/10/99 19:23:17 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT -- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- '-3T SERVICE ..--------------------------- im 990002 BANK ONE TRUST CO, NA I DEPARTMENT TOTAL =__ => FUND TOTAL =___> I - I I I I I I I I ADMIN FEE 750.00 750 -00 750.00 16 1 CITY OF OWASSO '10/99 OPWA - SEWERLINE 19:23:17 A/P EXTENSION CLAIMS REPORT APAPVR PAGE: 18 PO # VENDOR DESCRIPTION AMOUNT - - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- -CREEK INTERCEPTOR 991341 HMG INC ELM CREEK SEWER 6/16/98 28,303.00 Y ' 991897 FIRST BANK OF OWASSO ELM CREEK NOTE 23,000_00 DEPARTMENT TOTAL =___> - - -- 51,303.00 FUND TOTAL =___> II ------------- 51,303.00 CITY OF OWASSO OPWA A/P TRANSFER REPORT VENDOR DESCRIPTION AMOUNT TRANSFERS CITY GARAGE TRANSFER FROM OPWA WORKERS' COMP SELF -INS TRANSFER FROM OPWA GENERAL FUND TRANSFER FROM OPWA TRANSFERS TOTAL 6,041.67 3,841.67 30,000.00 39,883.34 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 06/05/99 DEPARTMENT OVERTIME TOTAL EXPENSES EXPENSES OPWA Administration: 0 00 $x,447 60 ..................... . Utilitv Billing 0.00 1,978.15 Wastewater 1027.41 7,177.30 Wastewater Collection ':; :......: 90 5 x,928 ( 7 .... ... ..... ..:.. . Refuse 190.35 4.864.60 APPROVED: 06/15/99 Chairman Trustee Trustee MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: JEFF HANCOCK CITY MANAGER SUBJECT: REQUEST FOR APPROVAL OF RESOLUTION #99 -02 ADOPTING A FISCAL YEAR 1999 -2000 BUDGET DATE: June 8, 1999 BACKGROUND: Pursuant to statutory and Charter provisions, an annual operating budget for the General Fund, OPWA Fund and other funds has been developed and transmitted for your review. Legal notice of a public hearing was given in the Owasso Reporter on June 3`d, and such hearing was conducted on June 10th. The public hearing provided opportunity for citizen comment and questions relating to the proposed budget. Copies of the budget were distributed to 62 citizens and have been available for public review at the Owasso Library and City Hall. State statute requires adoption of the annual budget by resolution. OPWA Resolution #99 -02 provides for the adoption of the fiscal year budget for the Owasso Public Works Authority. RECOMMENDATION: Staff recommends Trustee approval of OPWA Resolution #99 -02 adopting a FY 1999 -2000 budget for the Owasso Public Works Authority. ATTACHMENTS: Resolution #99 -02 OWASSO PUBLIC WORKS AUTHORITY ' OPWA RESOLUTION NO 99 -02 t A RESOLUTION PROVIDING FOR THE ADOPTION OF AN ANNUAL OPERATING BUDGET FOR THE OWASSO PUBLIC WORKS AUTHORITY; CLASSIFYING REVENUES; ESTABLISHING LEVELS OF t' EXPENDITURES BY CLASSIFICATION AS PROVIDED BY STATUTE; AND ESTABLISHING AN EFFECTIVE DATE. l WHEREAS: It is the intent of the Owasso Public Works Authority to adopt an operating budget for fiscal year 1999 -2000; and WHEREAS: The adoption of such budget is vital to the continuation of services to the citizens of Owasso; and R WHEREAS: Public access to the adopted budget is desired; and WHEREAS: Certain publication and filing requirements are mandated by State Statutes. NOW THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY: y THAT: The revenues, expenditures and transfers as shown be adopted: IRevenue and Transfers In $12,167,140 Personal Services Expenditures $906,830 Material & Supplies Expenditures $1,883,325 Other Services & Charges Expenditures $910,325 4 Capital Outlay Expenditures $405,305 Debt Service Expenditures $3,737,648 Transfers Out $5,081,275 THAT: The effective date of this Resolution shall be July 1, 1999. APPROVED AND ADOPTED this 15th day of June, 1999 by the Trustees of the Owasso Public Works Authority. ATTEST: Marcia Boutwell, Trust Secretary APPROVED AS TO FORM: Ronald D Cates, Trust Attorney Mark Wilken, Chairperson � I MEMORANDUM TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: F. ROBERT CARR, JR., P.E. PUBLIC WORKS DIRECTOR SUBJECT: AWARD OF CONSTRUCTION CONTRACT - NORTH OWASSO WASTEWATER COLLECTION SYSTEM IMPROVEMENTS DATE: June 10, 1999 BACKGROUND: The 1997 Wastewater Master Plan, adopted by Resolution No. 98-01 on January 6, 1998, indicated the need for improvements in the wastewater collection system in the vicinity of the existing 106th Street lift station (106th Street west of Mingo Road). Over the past few years, staff has identified needed infrastructure improvements in this area as a result of residential growth and increased sewage flow in the system, deteriorated and undersized collection lines, and severe infiltration/inflow conditions during wet weather. These needs were evaluated and included in the Master Plan. In addition, the need for improvements has been included in a Consent Order with the Oklahoma Department of Environmental Quality (ODEQ). The Authority approved an agreement for engineering design services with HUB +Garver on March 17, 1998. The project consists of eliminating the 106th Street lift station and construction of approximately 7,200 LF of 15 -inch and 18 -inch gravity sewer to connect to the Ranch Creek Interceptor. Design plans and specifications have been completed and permitted for construction by ODEQ. BIDS RECEIVED: The advertisement for bids was placed on May 10, 1999 and May 17, 1999. A Pre -Bid Conference was held on May 25, 1999 for all prospective bidders. Bids were received on June 8, 1999 from seven (7) bidders. A summary of the bids received is as follows: Page 2 Award of Construction Contract North Owasso Wastewater Collection System Improvements Bidder Bid Amount B &D Utilities, Inc. $601,500 Howard Management Group, Inc. $569,672 J' Jones Excavating, Inc. $511,402 McQuire Brothers Construction, Inc. $544,020 Sa uI a Di gging, Inc. $374,000 The Havens Construction Co., Inc. $611,696 Yocham Enterprises, Inc. $514,882 The Engineer's Estimate for the project was $693,500. The apparent low bidder is Sapulpa Digging, Inc. in the amount of $374,000, which is $137,402 below the next lowest bid. A review of the bid submittal, bidder qualifications and references has been conducted by HUB +Garver and no apparent irregularities were found to have been submitted. As a result, HUB +Garver has stated that Sapulpa Digging is capable of performing the work. PROJECT SCHEDULE: Construction is anticipated to begin by July 1, 1999. Based on the contract specification 150 -day construction period, construction should be completed by November 28, 1999. Both dates are in conformance with the Consent Order (construction is to be complete by February 1, 2000). FUNDING SOURCE: In 1992, the Owasso Public Works Authority secured a low interest loan from the Oklahoma Water Resources Board (OWRB) for improvements to the water distribution system, wastewater collection system and wastewater treatment plant. Projects involving upgrading the water distribution and wastewater collection systems in the older portion of the city and expansion of the wastewater treatment plant have already been completed or are in progress. The FY98 -99 Budget includes $600,000 as part of the proposed expenditures in the OPWA Capital Improvements Fund for wastewater collection system rehabilitation. These funds are a portion of the OWRB loan funds and were allocated to improvements to the wastewater collection system in this north Owasso area. The FY99 -00 budget includes $693,000 for the project, which reflects accrued interest. Page 3 Award of Construction Contract North Owasso Wastewater Collection System Improvements RECOMMENDATION• Staff recommends the Trustees authorization of an contract construction of the North Owasso Wastewater Collection System Improvements in the amount of $374,000 with Sapulpa Digging, Inc. and authorization for the Chair to execute the contract. ATTACHMENTS: 1. Bid Tabulation 2. HUB +Garver letter dated June 8, 1999 HUB +CARVER 5415 So. 125th East Avenue Suite 201 Tulsa, Oklahoma 74146 (918) 250 -5922 Bid Tabulation Northside Owasso Wastewater Collection System Improvements City of Owasso June 8, 1999 at 3:00 p.m. BIDDER'S NAMES AMOUNT OF BID WYNN CONSTRUCTION CO., INC. RAM ENGINEERING AND CONSTRUCTION, INC. JUDDS BROS. CONSTRUCTION CO. HOWARD MANAGEMENT GROUP, INC. 6 L ` 0 d YOCHAM ENTERPRISES, INC. SAPULPA DIGGING, INC. ! T-G EXCAVATING, INC. THE HAVENS CONSTRUCTION CO., INC. kt7 r l i� McGUIRE BROTHERS CONSTRUCTION, INC. B &D UTILITIES, INC. Fli 6 01 2 O x 01 + 02' JIMMY JONES EXCAVATING, INC. �-b L , 00 HUB +Garver Engineers 5415 So. 125th East Avenue Suite 201 Tulsa, Oklahoma 74146 918-250-5922 FAX 91&250-6529 HUB +Garver A GarverPlua Company June 8, 1999 F, Robert Carr, P.E. Director of Public Works City of Owasso P.O. Box 180 Owasso, OK 74055 Re: Owasso North Interceptor Dear Mr. Carr: We have tabulated the bids received on June 8, 1999 on the above referenced project. Sapulpa Digging of Sapulpa, Oklahoma was the lowest bidder with a bid of $374,000.00. We have checked the references of Sapulpa Digging and we are of the opinion they are _'capable of performing the work. Sincerely, V cc: . Jeff Hancock raj 002 Garver +Garver, Little Rock, Arkansas • Elliott+Garver, Jackson, Mississippl, Oxford, Mississippl HUB +Garver, Tulsa, Oklahoma • Lee - Garver, Louisville, Kentucky, New Albany, Indlana • WT W +Garver, Hunm(ifle, A/abama, Branmvod, Tennessee • Urba +Garver, Mexico Ciry MEMORANDUM I� I TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: F. ROBERT CARR, JR., P.E. ' PUBLIC WORKS DIRECTOR, SUBJECT: APPROVAL OF AGREEMENT FOR ENGINEERING DESIGN SERVICES — ATOR WASTEWATER RELIEF LINE DATE: June 9, 1999 BACKGROUND: The City of Owasso owns and operates a lift station in the vicinity of the west end of West I e Street in the Ator Heights Addition. Over the last few years, extensive residential and proposed commercial growth in the wastewater service area to this station has increased wastewater flows. Wastewater discharged from the station ultimately flows into a portion of the Old Town Owasso, where it is combined with flows from other areas of the city and with inflow and infiltration. In some instances, the combined flows have caused severe problems within the collection system. Manholes downstream from the station surcharge and have bypassed during wet weather conditions. The City of Owasso 1997 Wastewater Master Plan recommends rerouting the flows from the lift station, with construction of a gravity relief line to the Ranch Creek Interceptor. A Consent Order entered into with the Oklahoma Department of Environmental Quality states the following project schedule: Task Date Begin design July 1, 1999 Preliminary engineering report December 1, 1999 Final plans and specifications July 1, 2000 Start construction December 1, 2000 Complete construction September 1, 2001 ENGINEERING PROPOSALS: Staff requested a combination qualification statement and proposal on June 3, 1999 from engineering firms capable of providing engineering design services for the wastewater relief line improvements. A packet of information was advertised and sent to area engineering firms. Responses were received from nine (9) firms. Statements were evaluated and ranked by the Review Committee (consisting of Robert Carr, Phil Lutz and Dwayne Henderson). Based upon I I P 2 Page Agreement for Engineering Services the evaluation, the Review Committee ranked the firms of HUB +Garver, CTE Engineers, and FHC, Inc. as "Qualified and Highly Responsive Firms ". ' Upon comparison of proposals, the top - ranked firm of HUB +Garver was requested to review their submittal in a effort to reduce the projected man - hours. HUB+Garver was requested to provide a cost proposal based on the reduction. 1 ENGINEERING SERVICES AGREEMENT: Staff met with representatives from HUB+Garver on June 8, 1999 to discuss the scope of work and the fee proposal. As a result of the meeting, the man -hour projection had been reduced by approximately 15 percent (from 978 man -hours to 830 man - hours). A lump sum fee proposal of $56,820 was submitted. An Agreement for Engineering Design Services was drafted and reviewed by the City Attorney. The Agreement is divided into four (4) phases as follows: Preliminary design $25,700 Final Design 16,620 Bidding 3,000 Construction Administration 11,500 Total Lump Sum $56,820 PROJECT SCHEDULE: The project design is scheduled to be completed by February 2000. Milestones in the project are consistent with dates included in the Consent Order, which are shown above. FUNDING: Funds for engineering are included in the FY99 -00 Wastewater Collection Division Capital Outlay budget in the amount of $100,000 (line item 61- 535 - 5464). RECOMMENDATION• Staff recommends Trustee approval and authorization of the Chair to execute an Agreement for Engineering Design Services for the Ator Wastewater Relief Line with HUB +Garver in the amount of $56,820. Page 3 Agreement for Engineering Services ATTACHMENTS: I1. Engineering Services Agreement with HUB +Garver � I � I � I � I � I � I � I � I � I � I � I I I ,I N N n l A II II Agreement For Engineering Services Ator Wastewater Relief Line THIS AGREEMENT, made and entered into this day of , 1999, between the Owasso Public Works Authority, Owasso, Oklahoma, hereinafter referred to as CITY, and HUB +Garver, hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to construct improvements to the wastewater collection system in the vicinity of 86`h Street North and Mingo Road. WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT. NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROJECT. The scope of this 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 BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE/MANHOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, which is attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect dW 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 designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly ' qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standard, no warranty, either express or implied, shall apply to the SERVICES to ' be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. LIMITATION OF RESPONSIBILITY. 7.1 ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 8. OPINIONS OF COST AND SCHEDULE. ' 8.1 Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualification and experience as a Professional Engineer. ' 8.2 Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualification and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. ' 9.1 ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY including but ' not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER or any person or organization for whom ENGINEER is legally liable. Nothing in ' this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other Contractor of the CITY. I' 9.2 ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. � I I I ' 10. COMPLIANCE WITH LAWS. ' 10.1 In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 10.2 The ENGINEER shall take the necessary actions to ensure its facilities are in compliance with the requirements of the Americans With Disabilities Act. It is understood that the program of the ENGINEER is not a program or activity of the OWASSO PUBLIC WORKS AUTHORITY. The ENGINEER agrees that its program or activity will comply with the requirements of the Americans With Disabilities Act. Any costs of such compliance will be the responsibility of the ENGINEER. Under no circumstances will ENGINEER conduct any activity which it deems to not be in compliance with the Americans With Disabilities Act. 11. INSURANCE. 11.1 During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 11.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 11.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each ' accident and with property damage limits of not less than $100,000 for each accident. ' 11.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. ' 11.1.4. Errors and Omissions Insurance t o remain in effect during the PROJECT ' and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $500,000, deductibles subject to approval. ' 11.2 ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 1 I I 10 12. OWNERSHIP AND REUSE OF DOCUMENTS. 12.1 All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 12.2 CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY's risk. 13. TERMINATION OF AGREEMENT. 13.1 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. 13.2 CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, payment shall be made to ENGINEER in accordance with Attachment D, COMPENSATION. t14. NOTICE. ' 14.1 Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: HUB +Garver 5415 So. 125` East Avenue Suite 201 Tulsa, Oklahoma 74146 Attention: Jay Updike To CITY: OWASSO PUBLIC WORKS AUTHORITY P.O. Box 180 Owasso, Oklahoma 74055 Attention: F. Robert Carr, Jr. 14.2 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 15. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 16. 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. 17. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, ' C, D, E, and represents the entire and integrated AGREEMENT between the Parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. This AGREEMENT may be amended only by a ' written instrument signed by each of the Parties. 18. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City 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. 19. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 20. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff initially and monthly thereafter and will be available for public meetings and/or City of Owasso presentations. 21. KEY PERSONNEL. ENGINEER has designated Jay Updike, P.E., as Project Manager in the performance of the SERVICES hereunder. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Chairman of the Owasso Public Works Authority. APPROVED: Secretary APPROVED AS TO FORM: Authority Attorney HUB +Garver Jay Updike, Partner Date: OWASSO PUBLIC WORKS AUTHORITY Chairman Date: Agreement for Engineering Services Ator Wastewater Relief Line ' Scope of Project Attachment A SCOPE OF PROJECT. The PROJECT shall include: Approximately 5300 linear feet of 15" to 18" gravity sewer line from the vicinity of an existing sewer line on 86h Street North 1300 feet west of Mingo running east along 86th Street North then northeast to the existing Ator Lift Station. The project also includes the elimination and demolition of the Ator Lift Station. I * Agreement for ' Engineering Services Owasso Public Works Authority ' Ator Wastewater Relief Line Scope of Services Attachment B The services to be performed b the ENGINEER under this AGREEMENT will consist f f P Y o our phases, as stated below. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and after receipt of a Notice to Proceed. The Basic Services of ENGINEER include, but are not necessarily limited to, the following tasks: 1.0 Preliminary Design Phase 1.1 Attend Preliminary Meeting with the City. 1.2 Preliminary Y Engineering Study and Report. ' 1.2.1 Evaluate Relief Line Feasibility. a. Perform surveys or obtain aerial mapping of route. tb. Prepare preliminary plan and profile of relief line. c. Determine property ownerships along route and determine possible ' acquisition problems. d. Adjust route to minimize cut depths and acquisition problems. ' 1.2.2 Recommend the best alternative and prepare a detailed cost estimate and project budget. 1.2.3 Prepare Engineering Report (one original and 10 copies). 1.3 Review Preliminary Engineering Report with Owasso Public Works Authority. 1.4 Preliminary Design (full size plan and profile sheets). II 1.4.1 Conduct Field Surveys a. Alignment b. Topographical c. Property 1.4.2 Coordinate Geotechnical Studies 1.4.3 Design Project per ODEQ and City of Owasso requirements 1.4.4 Prepare Easements 1.4.5 Submit Preliminary Cost Estimate 1.4.6 Attend Plan-in -hand with Owasso Public Works Authority 2.0 Final Design 2.1 Complete Construction Plans 2.2 Complete ODEQ Permit Forms 2.3 Complete Contract Documents and Technical Specifications 2.4 Provide necessary sets of plans to ODEQ and City for review 2.5 Submit Final Cost Estimate to the City 2.6 Be available for questions during plan review 3.0 Bidding Phase 3.1 Supply Construction Documents to potential Bidders and Construction Publications. 3.2 Conduct Pre -Bid Conference 3.3 Respond to questions during Bidding Phase 3.4 Attend Bid Opening, prepare Bid Tabulations, make background checks and make recommendations to the City of Owasso. 3.5 Prepare Contract Documents 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4.0 Construction Administration 4.1 Conduct Pre - Construction Conference 4.2 Provide survey information to Contractor 4.3 Conduct periodic inspections 4.4 Review and approve submittals 4.5 Review and approve submittals 4.6 Conduct Final Inspection 4.7 Prepare one (1) set of originals and two (2) copies of Record Drawings 3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing ". 3.2 Furnish legal assistance as required in the preparation of construction and other supporting documents. 4.0 Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions I pertaining thereto with a reasonable time so as not to delay the services of ENGINEER. 11 ' Agreement for ' Engineering Services Ator Wastewater Relief Line ' Responsibilities of the City Attachment C ' RESPONSIBILITIES OF THE CITY. The CITY agrees: ' 1.0 Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: 1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY which may be useful in the work involved under this AGREEMENT. 1.2 Standard construction drawings and standard specifications. 2.0 Access. To provide access to public and private property when required in performance of ENGINEER's services. 3.0' Staff Assistance. Designate in writing a person to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies ' and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. 3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing ". 3.2 Furnish legal assistance as required in the preparation of construction and other supporting documents. 4.0 Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions I pertaining thereto with a reasonable time so as not to delay the services of ENGINEER. 11 Y s Agreement for Engineering Services Ator Wastewater Relief Line Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, a total lump sum fee of Fifty -six Thousand Eight Hundred Twenty Dollars ($56,820.00). ENGINEER shall submit monthly invoices based upon the proportion of the total services actually completed at the time of billing. Invoices are due and payable within 30- calendar days at receipt by the City. The lump sum amount to be billed for each phase of work is as follows: Phase I Preliminary Design $25,700.00 Phase II Final Design 16,620.00 Phase III Bidding 3,000.00 Phase IV Construction Administration 11.500.00 Total Lump Sum Fee $56,820.00 1 1 IPersonnel Project Manager Project Engineer Design Engineer IDrafter/Technician Clerical Survey Crew w/ GPS Personnel Project Manager Project Engineer Design Engineer or RLS Drafter/Technician Clerical urvey Crew w/ GPS nnting and Mapl urvey Supplies Equipment Rental '%lileage/Travel Ust of Tasks Attachment E Fee/Manhour Breakdown Ator Wastewater Relief Line TASKS 1 2 3 4 ; 5 6 7 Total Hours 8 50 12 40 30 40 30 210 - 20 40 - - - 40 100 140 - $55.00 70 70 - - 140 - 20 70 70 - - 20 180 2 20 - 20 30 10 20 100 100 30 1 30 1 30 1 - - 1 10 100 Total Manhours 830 Hours I Rate Total 210 x $85.00 $17,850.00 100 x $75.00 $7,500.00 140 x $55.00 $7,700.00 180 x $45.00 $8,100.00 100 x $27.50 $2,750.00 100 x $90.00 $9,000.00 1. Preliminary Meeting 2. Preliminary Report 3. Report Review Meeting 1. Preliminary Design 5. Final Design 6. Bidding Phase I. Construction Adminisatratin � I � I 400 x $0.30 Subtotal for Labor Subtotal - Expenses Total Lump Sum Fee $52,900.00 $3,500.00 $200.00 $100.00 $120.00 $3,920.00 $56,820.00 ATTACHMENT E DESIGN SCHEDULE HUB +Garver Ator Wastewater Relief line Owasso Public Works Authority 1999 2000 ODEQ Submission Final Deslun Easement Preparation Plan -in -Hand 10/1 Owasso Review Survey and Preliminary Desion Report Review Preliminary Study, Report and Mappinu 08/72 Notice to Proceed ��12 July Aug Sep Oct Nov Dec Jan Feb 1999 2000 THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY, TULSA COUNTY, OKLAHOMA, MET IN REGULAR SESSION ON THIS 15TH DAY OF JUNE, 1999, AT 6:30 P. M. PRESENT: ABSENT: Thereupon, the Chairman introduced a Resolution which was read by the Secretary. Trustee moved that the Resolution be adopted and Trustee seconded the motion. The motion carrying with it the adoption of the Resolution prevailed by the following vote: AYE: NAY: The Resolution as adopted is as follows: THE OWASSO PUBLIC WORKS AUTHORITY RESOLUTION NO. A RESOLUTION OF THE OWASSO PUBLIC WORKS AUTHORITY AUTHORIZING TWO (2) LOANS FROM THE OKLAHOMA WATER RESOURCES BOARD IN THE COMBINED TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,501,609.92; APPROVING THE ISSUANCE OF TWO (2) PROMISSORY NOTES IN THE COMBINED TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,501,609.92, SECURED BY A PLEDGE OF REVENUES AND AUTHORIZING THEIR EXECUTION; DESIGNATING THE LOCAL TRUSTEE; APPROVING AND AUTHORIZING THE EXECUTION OF TWO (2) LOAN AGREEMENTS; APPROVING AND AUTHORIZING THE EXECUTION OF A SERIES 1999 SUPPLEMENTAL NOTE INDENTURE; APPROVING AND AUTHORIZING THE EXECUTION OF A SECURITY AGREEMENT; RATIFYING A LEASE, AS AMENDED BY AN AMENDMENT TO LEASE; APPROVING VARIOUS COVENANTS; APPROVING AND AUTHORIZING PAYMENT OF FEES AND EXPENSES; ESTABLISHING THE AUTHORITY'S REASONABLE EXPECTATIONS WITH RESPECT TO THE ISSUANCE OF TAX - EXEMPT OBLIGATIONS IN CALENDAR YEAR 1999; AUTHORIZING DOCUMENTS PERTAINING TO A YEAR -TO -YEAR PLEDGE OF CERTAIN SALES TAX REVENUE; AND CONTAINING OTHER PROVISIONS RELATING THERETO. WHEREAS, The Owasso Public Works Authority, Tulsa County, Oklahoma (the "Borrower "), was organized under Title 60, Oklahoma Statutes 1991, Sections 176 - 180.4, as amended, for the purpose of furthering the public functions of the City of Owasso, Oklahoma (the "City "); and WHEREAS, the Borrower is authorized and has determined to construct improvements to the Borrower's wastewater system (the "Project ") in order to better serve the customers of said Borrower and in payment of part of the cost thereof, the Borrower heretofore borrowed funds pursuant to a $1,520,000 direct SRF interim construction loan (the "Construction Loan") from the Oklahoma Water Resources Board (the "Board "), which Construction Loan is evidenced by the Borrower's Series 1996 Direct SRF Interim Construction Promissory Note dated December 20, 1996, and issued in the original principal amount of $1,520,000 (the "Construction Note "); and WHEREAS, the Board has approved a loan application of the Borrower and the Borrower has determined to borrow money from the Board for the purpose of refinancing the outstanding principal amount of the Construction Note and to evidence such loan by the issuance of (i) the Borrower's Series 1999A Clean Water SRF Promissory Note to Oklahoma Water Resources Board 2 in the original principal amount of not to exceed $931,609.92 (the "1999A Note ") and (ii) the Borrower's Series 1999B Promissory Note to Oklahoma Water Resources Board in the original principal amount of not to exceed $570,000 (the "1999B Note "), said Notes being secured by a pledge of revenue derived from Borrower's water, sanitary sewer, garbage and trash collection systems and the Bailey Ranch Golf Club (hereinafter collectively the "System ") and the revenue generated pursuant to a two percent (2 %) sales tax received by the Borrower from the City which sales tax is levied pursuant to Ordinance No. 103 of the City, as amended by Ordinance No. 153 of said City (the "Limited Sales Tax Revenue "). NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY, TULSA COUNTY, OKLAHOMA: Section 1. Issuance of Note. The Borrower is hereby authorized to accept said loans and issue its 1999A Note and 1999B Note (collectively, the "Notes ") payable to the Board. The 1999A Note will be secured by a subordinate lien on the revenues of the System and a year -to -year pledge of the Limited Sales Tax Revenue, with said lien being subject and subordinate to the lien on said revenues securing (i) the Borrower's Series 1993A Promissory Note to Oklahoma Water Resources Board dated April 1, 1993, (ii) the Borrower's Series 1993B Promissory Note to Oklahoma Water Resources Board dated April 1, 1993, (iii) the Borrower's Utility Revenue Bonds, Series 1996, dated July 1, 1996, (iv) the Borrower's Revenue Refunding Bonds, Series 1997, dated December 15, 1997, and (v) the Borrower's Public Improvement Revenue Bonds, Series 1998 (the debt obligations referred to in (i) through (v) above being referred to collectively herein as the "Outstanding Senior Lien Debt "). The 1999B Note will be secured on a parity as to the System revenue and as to the Limited Sales Tax Revenue with the Outstanding Senior Lien Debt pursuant to the General Bond Indenture dated as of December 1, 1997 (the "General Bond Indenture ") between the Borrower and Bank One Trust Company, NA (the "Local Trustee "), as heretofore supplemented and as further supplemented pursuant to the Series 1999 Supplemental Note Indenture dated as of June 1, 1999 (the "Series 1999 Supplemental Note Indenture "). The officers of the Borrower are hereby authorized and directed to execute said Notes and to do any and all lawful things to effect said loans and secure said loans from the Board. The actual principal amount of the Notes shall be established pursuant to a Certificate of Determination to be executed and delivered by the Chairman or Vice Chairman of the Borrower prior to the issuance of the Notes. The 1999A Note shall bear interest at a zero percent (0 %) interest rate, plus a one -half of one percent (1/2 %) annual administrative fee on the outstanding principal amount of said 1999A Note. The 1999B Note shall bear interest at a variable interest rate established by the Board. Section 2. Designation of Local Trustee. The Borrower hereby designates Bank One Trust Company, NA to serve as the Local Trustee of certain funds in relation to the 1999B Note. Section 3. Execution of Loan Agreement and Loan Agreement For Clean Water SRF Loan. The Loan Agreement For Clean Water SRF Loan and the Loan Agreement, both by and between the Borrower and the Board (collectively, the "Loan Agreements ") are hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute 3 same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Loan Agreements. Section 4. Execution of Series 1999 Supplemental Note Indenture. The Series 1999 Supplemental Note Indenture, by and between the Borrower and the Local Trustee (which supplements and amends the General Bond Indenture dated as of December 1, 1997 between said parties and as heretofore supplemented and amended), pertaining to the 1999B Note is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Series 1999 Supplemental Note Indenture. The General Bond Indenture as heretofore supplemented and amended and as supplemented pursuant to the terms of the Series 1999 Supplemental Note Indenture, shall be referred to herein collectively as the "Indenture ". Section 5. Execution of Security Agreement The Security Agreement, by and between the Board and the Borrower (the "Security Agreement "), whereby the Borrower gives a subordinate security interest in certain revenues of the System to the Board to secure payment on the 1999A Note is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and do all other lawful things to carry out the terms and conditions of said Security Agreement. Section 6. Covenants of Borrower. Until payment in full of the Notes and performance of all obligations owing to the Board under the Loan Agreements and the instruments executed pursuant hereto, unless the Board shall otherwise consent in writing, the Borrower hereby represents its intent to abide by and carry out the covenants contained in the Indenture, the Security Agreement and the Loan Agreements, which covenants are incorporated herein in their entirety. Section 7. Lease. The Lease dated July 31, 1973, as amended by an Amendment to Lease dated as of July 1, 1996, between the City of Owasso, Oklahoma, and the Borrower, whereby the City leased its water, sanitary sewer, garbage and trash collection systems and the Bailey Ranch Golf Club to the Borrower, is hereby ratified and confirmed and the term of said Lease, as amended, shall extend until the Notes are paid. Section 8. Fees and Expenses Upon closing of the referenced loans, the officers of the Borrower are hereby authorized to disburse (from loan proceeds or other available funds of the Borrower) unto the Borrower's Financial Advisor, Counsel to the Borrower, the Local Trustee, Bond Counsel and the Board certain fees and expenses, including accrued interest and administrative fees, all as set forth on Exhibit "A" hereto. Section 9. Certificate of Desi ng ation The Borrower anticipates that the total amount of tax - exempt obligations (other than private activity bonds) issued by the Borrower or other issuers on behalf of the City of Owasso, Oklahoma will not exceed $5,000,000 for calendar year 1999 and 4 hereby authorizes the Chairman or Vice Chairman and Secretary or Assistant Secretary to execute and deliver on behalf of the Borrower a Certificate of Designation to that effect. Section 10. Sales Tax Pledae. That the Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower be and are hereby authorized to execute and deliver any and all documentation on behalf of the Borrower pertaining to the year -to -year pledge of the Limited Sales Tax Revenue for purposes of securing the Notes. Section 11. Necessary Action. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby further authorized on behalf of the Borrower to approve the disbursement of the proceeds of the Notes and other funds of the Borrower in connection with the issuance of the Notes and the accomplishment of the transaction contemplated herein, and further, to accept, receive, execute, attest, seal and deliver the above mentioned documents and all additional documentation, certifications and instruments and to take such further actions as may be required in connection with the transactions contemplated hereby, and are further authorized to approve and make any changes to the documents approved by this Resolution, for and on behalf of the Borrower, the execution and delivery of such documents being conclusive as to the approval of any terms contained therein. [Remainder of Page Intentionally Left Blank] 5 APPROVED AND ADOPTED THIS 15TH DAY OF JUNE, 1999. THE OWASSO PUBLIC WORKS AUTHORITY (SEAL) Mark Wilken, Chairman ATTEST: Marcia Boutwell, Secretary APPROVED AS TO FORM: Ronald D. Cates, Authority Attorney STATE OF OKLAHOMA ) )SS COUNTY OF TULSA ) I, the undersigned, Secretary of The Owasso Public Works Authority, Tulsa County, Oklahoma, an Oklahoma public trust, do hereby certify that the above and foregoing is a true, full and correct copy of an excerpt from the minutes of a meeting of the Board of Trustees of said public trust held on the date above stated, all as recorded in the official minutes of such meeting. I further certify that the "Open Meeting Law" was complied with for such meeting. GIVEN UNDER MY HAND THIS 15TH DAY OF JUNE, 1999. (SEAL) Secretary 7 1 V EXHIBIT "A" Fees and Expenses Paid at Closing Bank One Trust Company, NA Acceptance Fee Fagin, Brown, Bush, Tinney & Kiser Legal Fee and Reimbursement For Out -of- Pocket Expenses Ronald D. Cates Legal Fee and Reimbursement For Out -of- Pocket Expenses Leo Oppenheim, A division of BOSC, Inc., A subsidiary of BOK Financial Corp. Financial Advisory Fee and Reimbursement For Out -of- Pocket Expenses Oklahoma Water Resources Board Rating Fee Oklahoma Water Resources Board Accrued Interest and Administrative Fee N $ 1,500.00 $20,290.00 $ 9,385.00 $19,800.00 $ 2,500.00 To be established Pursuant to Closing Order of Borrower I MEMORANDUM TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: RESOLUTION #99 -03 OWRB LOAN DATE: June 11, 1999 BACKGROUND: In December of 1996, the OPWA Trustees authorized an Interim Construction Promissory Note with the Oklahoma Water Resources Board (OWRB) to finance improvements to the wastewater treatment plant. Those improvements have since been completed and the construction loan must be converted to permanent financing. There are a variety of restrictions placed on the use of funds from the loan programs administered by the OWRB. In order to take advantage of the best interest rates available from the OWRB, this financing will actually consist of two loans. The 1999A Note for an amount not to exceed $931,609.92 will utilize the Clean Water State Revolving Fund (SRF). This note will bear interest at a zero percent (0%) interest rate, plus a one -half of one percent (1/2 %) annual administrative fee. The 1999B Note for an amount not to exceed $570,000 will bear interest at a variable interest rate established by the Board (OWRB). OPWA Resolution 99 -03 authorizes the two loans and approves and authorizes the mayor to execute all documents required for this financing. RECOMMENDATION: Staff recommends OPWA Trustee approval of Resolution #99 -03 authorizing loans with the OWRB for a total not to exceed $1,501,609.92. ATTACHMENTS: OPWA Resolution #99 -03 JUN -11 -99 11.57 FROM•FAGIN BROWN BUSH ID.4052352807 PAGE S THE OWASSO PUBLIC WORKS AUTHORITY RESOLUTION NO. 13l y- o3 A RESOLUTION OF TIIE OWASSO PUBLIC WORKS AUTHORITY AUTHORIZING TWO (2) LOANS FROM THE OKLAHOMA WATER ' RESOURCES BOARD IN THF, COMBINED TOTAI, AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEF,D $1,501,609.92; APPROVING THE ISSUANCE OF TWO (2) PROMISSORY NOTES IN TI1E COMBINED TOTAL AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED ' $1,501,609.92, SECURED BY A PLEDGE OF REVENUES AND AUTHORIZING THEIR EXECUTION; DESIGNATING THE LOCAL TRUSTEE; APPROVING AND AUTHORIZING THE EXECUTION OF TWO (2) LOAN AGREEMENTS, APPROVING AND AUTHORIZING THE EXECUTION OF A SERIES 1999 SUPPLEMENTAL NOTE INDENTURE; APPROVING AND AUTHORIZING THE EXECUTION OF A SECURITY AGREEMENT; RATIFYING A LEASE, AS AMENDED BY AN AMENDMENT ' TO LEASE; APPROVING VARIOUS COVENANTS; APPROVING AND tTTII AORIZING PAYMENT OF FEES AND EXPENSES; ESTABLISHING THE AUTHORITY'S REASONABLE EXPECTATIONS WITH RESPECT TO THE ISSUANCE OF TAX - EXEMPT' OBLIGATIONS IN CALENDAR YEAR 1999; AUTHORIZING DOCUMENTS PERTAINING TO A YEAR -TO -YEAR PLEDGE, OF CERTAIN SALES TAX REVENUE; AND CONTAINING OTHER PROVISIONS RELATING THERETO. 'WHEREAS, The Owasso Public Works Authority, Tulsa County, Oklahoma (the "BoaroNver "), was organized under Title 60, Oklahoma Statutes 1991, Sections 176 - 180.4, as ' amended, for the purpose of furthering the public fimcdons of the City of Owasso, Oklahoma (the "City "); and t WHEREAS, the Borrower is authorized and has determined to construct improvements to tUe Borrower's wastewater system, (the "Project ") in order to better serve the customers of said Borrower and in payment of part of the cost thereof, the 'Borrower heretofore borrowed funds pursuant to a $1,520,000 direct SRF interim construction loan (the "Construction Loan") from the ' Oklahoma Water Resources Board (the "Board "), which Construction Loan is evidenced by the Borrower's Series 1996 Direct SRF Interim Construction Promissory Note dated December 20, 1996, and issued in the original principal amount of $1,520,000 (the "Construction Note "); and ' WIiEREAS, the Board has approved a loan application of the Borrower and the Borrower has determined to borrow money from the Board for the purpose of refinancing the outstanding principal amount of the Construction Note and to evidence such loan by the issuance of (i) the ' Borrower's Series 1999A Clean Water SRF Promissory Note to Oklahoma Water Resources Board 1 1-1 1 J JUN -11 -99 11.58 FROM =FAGIN BROWN BUSH ID-4052362807 PAGE 6 in the original principal amount of not to exceed $931,609.92 (tlxe "1999A Note ") and (ii) the Borrower's Series 1999B Promissory Note to Oklahoma Water Resources Board in the original principal amount of not to exceed $570,000 (the "19996 Note "), said Notes being secured by a pledge of revenue derived from Borrower's water, sanitary sewer, garbage and trash collection systems and the Bailey Ranch Golf Club (hereinafter collectively the "System ") and the revenue generated pursuant to a two percent (2 %) sales tax received by the Borrower from the City which sales tax is levied pursuant to Ordinance No. 103 of the City, as amended by Ordinance No. 153 of said City (the "Limited Sales Tax Revenue "). NOW, THEREFORE, 13E IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY, TULSA, COUNTY, OKLAHOMA: 'ection 1 _ Issuance of Note. The Borrower is hereby authorized to accept said loans and issue its 1999A Note and 199913 Note (collectively, the "Notes ") payable to the Board. The 1999A Note will be secured by a subordinate lien on the revenues of the System and a year -to -year pledge of the Limited Sales Tax Revenue, with said lien being subject and subordinate to the lien on said revenues securing (i) the Borrower's Series 1993A Promissory Note to Oklahoma Water Resources Board dated April 1, 1993, (ii) the Borrower's Series 1993B Promissory Note to Oklahoma Water Resources Board dated April 1, 1993, (iii) the Borrower's Utility Revenue Bonds, Series 1996, dated July 1, 1996, (iv) the Borrower's Revenue Refunding Bonds, Series 1997, dated December 15, 1997, and (v) the Borrower's Public Improvement Revenue Bonds, Series 1998 (the debt obligations referred to in (i) through (v) above being referred to collectively herein as the "Outstanding Senior Lien Debt "). The 1999B Note will be secured as to the System revenue and as to the Limited Sales Tax Revenue on a parity with the Outstanding Senior Lien Debt pursuant to the Oeneral Bond Indenture dated as of December 1, 1997 (the "General Bond Indenture ") between the Borrower and Bank One Trust Company, NA (the "Local Trustee "), as heretofore supplemented and as further supplemented pursuant to the Series 1999 Supplemental Note Indenture dated as of Jung 1, 1999 (the "Series 11.499 Supplemental Note Indenture "). The officers of the Borrower are hereby authorized and directed to execute said Notes and to do any and all lawful things to effect said loans and secure said loans from the Board. The actual principal amount of the Notes shall be established pursuant to a Certificate of Determinationto be executed and delivered by the Chairman or Vice Chairman of the Borrower prior to the issuance of the Notes. The 1999A Note shall bear interest at a zero percent (0 %) interest rate, plus a one -half of one percent (1/2%) annual administrative fee on the outstanding principal amount of said 1999A Note. The 1999B Note shall bear interest at a variable interest rate established by the Board_ Sectiorx2. Desip,.nationof Local Trustee The Borrower hereby designates Bank One Trust Company, NA to serve as the Local Trustee of certain funds in relation to the 1999B Note. ction 3 _ Execution of Loan Agreement and Loan Agreement For Clean Water SRF Loan. The Loan Agreement For Clean Water SRF Loan and the Loan Agreement, both by and between the Borrower and the Board (collectively, the "Loan Agreements ") are hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute JUN -11 -9B 11 =69 FROM_FAGIN BROWN BUSH ID.40S2352607 PAGE 1 same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Loan Agreements. Ssctian 4_ Execution of Series 1999 Su lemental Note Indenture. The Series 1999 ' Supplemental Note Indenture, by and between the Borrower and the Local Trustee (which supplements and amends the General Bond Indenture dated as of December 1, 1997 between said parties and as heretofore supplemented and amended), pertaining to the 1999B Note is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute salve for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Series 1999 Supplemental Note Indenture. The General Bond Indenture as heretofore supplemented and amended and as supplemented pursuant to the terms of the Series 1999 Supplemental Note Indenture, shall be referred to herein collectively as the "Indenture". Section S. Execution of Security_Agreemeztt The Security Agree, ent, by and between the Board and the Borrower (the "Security Agreement "), whereby the Borrower gives a subordinate security interest in certain revenues of the System to the Board to secure payment on the 1999A Note is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary ' are hereby authorized to execute same for and on behalf of the Borrower, and do all other lawful things to carry out the terms and conditions of said Security Agreement, Section 6. Covenants of Borrower. Until payment in full of the Notes and performance of all obligations owing to the Board under the Loan Agreements and the instruments executed pursuant hereto, unless the Board shall otherwise consent in writing, the Borrower hereby represents its intent to abide by and carry out the covenants contained in the Indenture, the Security Agreement and the Loan Agreements, which covenants are incorporated herein in their entirety. Section 7. Leas . The Lease dated July 31, 1973, as amended by an Amendment to Lease ' dated as of July 1, 1996, between the City of Owasso, Oklahoma, and the Borrower, whereby the City leased its water, sanitary sewer, garbage and trash collection systems and the Bailey Ranch Golf Club to the Borrower, is hereby ratified and confirmed and the term of said Lease, as amended, shall extend until the Notes are paid. ' Section S. Fees and Expenses. Upon closing of the referenced loans the officers of the Borrower are hereby authorized to disburse (from. loan proceeds or other available funds of the ' Borrower) unto the Borrower's Financial Advisor, Counsel to the Borrower, the Local Trustee, Bond Counsel and the Board certain fees and expenses, including accrued interest and administrative fees, all as set forth on hxhibit "A" hereto. ecti n 9. fieate of Desienation_ The Borrower anticipates that the total amount of tax- exempt obligations (other than private activity bonds) issued by the Borrower or other issuers on behalf of the City of Owasso, Oklahoma will not exceed $5,000;000 for calendar year 1999 and P 7 JUN -II -BS 11:59 FROM.FAGIN BROWN BUSH ID.4052352607 PAGE e hereby authorizes the Chairman or Vice Chairman and Secretary or Assistant Secretary to execute ' and deliver on behalf of the Borrower a Certificate of Designationto that effect. ection 10. Sales Tax Pledge. That the Chairman or Vice Chairman and Secretary or ' Assistant Secretary of the Borrower be and are hereby authorized to execute and deliver any and all documentation on behalf of the Borrower pertaining to the year -to -year pledge of the Limited Sales Tax Revenue for purposes of securing the Notes. ' -section 1.1. Necessary Action. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby further authorized on bebo f of the Borrower to approve the disbursement of the proceeds of the Notes and other funds of the Borrower in connection with the ' issuance of the Notes and the accomplishment of the transaction contemplated herein, and further, to accept, receive, execute, attest, seal and deliver the above mentioned documents and all additional documentation, certifications and instruments and to take such further actions as may be ' required in connection with the transactions contemplated hereby, and are further authorized to approve and make any changes to the documents approved by this Resolution, for and on behalf of the Borrower, the execution and delivery of such documents being conclusive as to the approval of any terms contained therein. 1 [Remainder of Page Tntenti orally Left Blank] 5 JUN -11 -99 11 =59 FROM +FAGIN BROWN BUSH ID =40S2352607 APPROVED AND ADOPTED THIS 15TH DAY OF JUNE, 1999. THE OWASSO PUBLIC WORKS AUTHORITY (SEAL) ATTEST: Marcia Boutwell, Secretary APPROVED AS TO FORM: Ronald D. Cates, Authority Attorney h :vlark Wilken, Chairman PAGE 9 JUN -II -BB 12.00 FROM.FAGIN BROWN BUSH ID.4052352eo7 PAGE 10 STATE OF OKLAHOMA ) )SS COUNTY OF TULSA ) 1, the undersigned, Secretary of The Owasso Public Works Authority, Tulsa County, Oklahoma, an Oklahoma public trust, do hereby certify that the above and foregoing is a true, full and correct copy of an excerpt from the minutes of a meeting of the Board of Trustees of said public trust held on the date above stated, all as recorded in the official minutes of such meeting. T further certify that the "Open Meeting Law" was complied with for such meeting. GIVEN UNDER MY HAND TjJIS 15TH. DAY OF JUNE, 1999. (SEAL) Secretary I I - - JUN -12 -BB 12.00 FROM.FAGIN BROWN BUSH 1 FXFIIBIT "A" ID.4052352007 Fees and Expenses Paid at Closing Bank One Trust Company, NA Acceptance Fee Fagin, Brown, Bush, Tinney & Kiser Legal Fee and Reimbursement For Out-of-Pocket Expenses Ronald D. Cates Legal Fee and Reimbursement For Out-of-Pocket Expenses Leo Oppenheim, A division of BOSC, Inc_, A subsidiary of BOK Financial Corp. Financial Advisory Fee and Reimbursement For Out- of- PocketExpenses Oklahoma Water Resources Board Rating Fee Oklahoma Water Resources Board Accrued Interest and Administrative Fee a PAGE 11 el Fa $ $ 2,500.00 To be established Pursuant to Closing Order of BorrwAer