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Home My WebLink About1995.07.18_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: Regular DATE: July 18, 1995 TIME: 7:00 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, July 14, 1995. Marcia outwell, City Clerk AGENDA 1. Call to Order 2. Invocation 3. Flag Salute 4. Roll Call 5. Request Approval of the Minutes of July 6, 1995 Regular Meeting. Attachment #5 6. Request Approval of Claims Attachment #6 Owasso Public Works Authority July 18, 1995 Page 2 7. Consideration and Appropriate Action Relating to the Sale of Property Owned by the ' Owasso Public Works Authority. Mr Ray Attachment #7 ' Staff will recommend Trustee approval of a contract for the sale of one - and - one -half acres of property to Ray Haynes, that the Chairperson be authorized to execute such contract, that the City Manager be authorized to initiate all necessary actions to implement such contract, and the Chairperson be further authorized to act on behalf of ' the Authority to "finalize and close" the purchase. 8. Consideration and Appropriate Action Relating to an Agreement with Washington County Rural Water District #3. Mr Carr Attachment #8 Staff will recommend approval of an agreement with Washington County Rural Water District #3 wherein portions of the city's service area would be sold to the District, emergency water service provisions created, and the purchase of water for certain portions of the city agreed to. Additionally, the staff will recommend authorization for the Chair to execute the agreement. 9. Consideration and Appropriate Action Relating to the Award of a Contract for Geotechnical Services Related to the Wastewater Treatment Plant Expansion. Mr Carr Attachment #9 Staff will recommend approval of a contract with Professional Service Industries, Tulsa, Oklahoma in an amount not to exceed $4300 for professional services related to the wastewater treatment plant expansion. Owasso Public Works Authority July 18, 1995 Page 3 10. Report from OPWA Manager 11. Report from OPWA Attorney 12. Unfinished Business 13. New Business 14. Adjournment IF 1 OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Thursday, July 6, 1995 The Owasso Public Works Authority met in regular session on Thursday, July 6, 1995 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, June 30, 1995. ITEM 1: CALL TO ORDER Chairman Burris called the meeting to order at 7:52 p.m. ITEM 2: INVOCATION The invocation was given during the City Council meeting preceding this meeting. ITEM 3: FLAG SALUTE The flag salute was held during the City Council meeting preceding this meeting. ITEM 4: ROLL CALL PRESENT Charles Burris, Chairperson Danny Ewing, Vice Chairperson Mary Lou Barnhouse, Trustee Joe Ramey, Trustee Michael Helm, Trustee STAFF Rodney J Ray, City Manager Marcia Boutwell, Authority Secretary ABSENT Ronald D Cates, Authority Attorney A quorum was declared present. ITEM 5: REQUEST APPROVAL OF THE MINUTES OF JUNE 20 1995 REGULAR MEETING AND JUNE 27, 1995 SPECIAL MEETING Mr Ewing moved to approve the minutes as written, by reference hereto; seconded by Ms Barnhouse. AYE: Ewing, Barnhouse, Helm, Ramey, Burris NAY: None Motion carried 5 -0. Owasso Public Works Authority ITEM 6: REQUEST APPROVAL OF CLAIMS July 6, 1995 Ms Barnhouse moved, seconded by Mr Ramey, to approve the following claims as submitted: (1) OPWA Fund $13,284.26; (2) Payroll $24,152.83. AYE: Barnhouse, Ramey, Helm, Ewing, Burris NAY: None Motion carried 5 -0. ITEM 7: REPORT FROM OPWA MANAGER No report. ITEM 8: REPORT FROM OPWA ATTORNEY No report. ITEM 9: UNFINISHED BUSINESS None. ITEM 11: NEW BUSINESS None. ITEM 12: ADJOURNMENT Mr Ramey moved, seconded by Mr Ewing, to adjourn. AYE: Ramey, Ewing, Barnhouse, Ewing, Burris NAY: None Motion carried 5 -0 and the meeting was adjourned at 7:55 p.m. Marcia Boutwell, Authority Secretary 2 Charles L Burris, Chairperson n CITY OF OWASRO nwA.PSn PUBLIC Wnpys AUTHOPTT;. ?/14.9 9 ;45:O A/P r:I.ATr±, RFPOPT APAPVR PAGE; I n PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 950228 DEPT OF ENVIRONMENTAL. OTTA :SOLID WASTE MNGE FEE 950229 OKLAHOMA TAX COMMISSION SALES TAX /GRASS BAGS DEPARTMENT TOTAL = = = =? OPWA ADMINTSTRATION ------------------------ - - - - -- ' 95017? 950194 CELLULAR ONE -TULSA WESTERN BUSINESS PRODUCTS USAGE MAINTENANCE 952310 95244E CSC CREDIT SERVICES, INC 6/95 r_.OT.LEr_TIONS KIMBALL ACE HARDWARE 95z4R5 IS US POSTMASTER UTILITY BILL PnSTAGE ' 960001 TFLE /PAGE, INC. PAGER USE 952445 9600021 LIBERTY TULSA REVENUE PONDS OSCAR MCLAURIH 960006 CPS BTTTNESS, INC. I•TCENSF FEES 960044 MESO SAFETY TRAINTNG ' 960047 J,P. HOGAN INSURANCE pR.npERTY TNSURANCE WATER PRODTrCTR INC 960106 SOUTHWESTERN BEt_L. TELE . 5.!95 PI..EXAR 960107 960109 OKLA. NATURAL GAS PSO 5195 TISF 5/95 USE 9600 ?1 960110 MCI TELECOMMTTNTCATIONS 5/95 LONG DISTANrF DEPARTMENT TOTAL. = = = =` MATERTAT.S /MPTFR SFTS SUPPLIES UNTFOPM PPNT/(-.T,PAN SODDTNG REPATP METER READER METER READER METER READER METER READER METERS BTT) 101/11R./Q4 PARTS RFT,nr *-ATE WATER LTNE Ar'?0 MATERIALS A/20/95 PAGER USE MATERIALS /METER SETS 6!95 WATER PTTRC_HA ^F /95 pT.EXAR 586,67 189.95 776. A,? 45.09 94.07 28.30 1,000.00 31.00 ?17,00 36 ?, 50 567.00 7S, ?0,15 87, 9 5, ?9 5 ?,637.02 518.13 1 ?4.46 124,60 70.00 ?96,65 1 1.85.85 15 ^.90 1,500.00 r.'y44.5n 1., 056.74 62, ri0 997,7" 0:= j,5 4. WATER ------------------------------ 952310 OKLAHOMA METER S, SUPPLY 95233? KIMBALL ACE HARDWARE 952?'35 CINTAS COPP. 95 2-352 WORLEYS GREENHOUSE 952445 TYRONF DINKTNS 95 ?446 OSCAR MCLAURIH 95 ?447 JOHNNY ROGERS 95 ?449 95 9463 SHARON SPARKMAN WATER PRODUCTS INC 95 ?477 CITY GARAGE 95 ?501 WATER PRODTrCTR INC ' 952502 WATER PRODUCTS INC 960001 US TFL E/PAGE, TNC, 9600 ?1 WATER PRODUCTS INC. 96007? CTTY OF TTTLSA ' 9. ""o0-a1 G SYSTFMS 9601 06 tinTTTITWECTEPN BELL TFLF . MATERTAT.S /MPTFR SFTS SUPPLIES UNTFOPM PPNT/(-.T,PAN SODDTNG REPATP METER READER METER READER METER READER METER READER METERS BTT) 101/11R./Q4 PARTS RFT,nr *-ATE WATER LTNE Ar'?0 MATERIALS A/20/95 PAGER USE MATERIALS /METER SETS 6!95 WATER PTTRC_HA ^F /95 pT.EXAR 586,67 189.95 776. A,? 45.09 94.07 28.30 1,000.00 31.00 ?17,00 36 ?, 50 567.00 7S, ?0,15 87, 9 5, ?9 5 ?,637.02 518.13 1 ?4.46 124,60 70.00 ?96,65 1 1.85.85 15 ^.90 1,500.00 r.'y44.5n 1., 056.74 62, ri0 997,7" 0:= j,5 4. CTTY OP OWASSO OWAS'.clO PjTBT .,TC I - wnl,�V'= AITTIF)PTTY 14/95 9:45:06 A/P ELATM" REPIDR7 APAPVP PAGE PO it VENDOR DFor-PTPTTON AMOUNT ---------- ------------------------- ------------------------- ------------- 960108 SOUTHWESTERN BELL TELE. 9/95 NnN-PLEXAF 960109 PSO 5/95 USE 960110 MCI TELECOMMUNTCATInNq 5/99 LONG DISTANCE DEPARTMENT TOTAL WASTEWATER ------------------------------ 95221? EAGLE PRECAST CONCRETE FTNGS 952219 ROAD BORING S-PrCIALTST ROAD BORE 952832 KIMBALL ACE HARDWARE SUPPLIES 952335 CINTAS CORP. UNIFORM RENT/CLEAN 95273?A SHERRY LABORATORIES, INC. KUDGE ANALYSTS 992?5_9 WORLEYS GREENHOUSE SODDTNG, REPAIRS 959-432 HUGHES LUMBER Co STIPP1,TES 952400 DON THORNTON FORD INC PTCY-TIP TRUCE 5/16./99 952477 CITY GARAGE PARTS 9524951 MAXIMUM CONTROL, INC. REPLArE/RELOCATE AC 6/210 953511 BURT �- cinNS DTPT LOAT)q 960001 TTS TET,E/PAGF. TNC. I PAGER USE 960091 GO SYI;TFMI,-* A!Q` FITEL 960106 SOUTHWESTERN BELL TET,E. 5/95 PT,EXAP 960107 OFLA NATTTPAT- GAS 5/95 USE 960108 SOUTHWESTERN BELL TFLE, 5/951 NON-PLEXAR 960169 PSO 5/95 M-F. 9A6110 MCT TELECOMMUNT CAT TONS 5/95 LONG DISTANCE DEPARTMENT TOTAL ===='' REFUSE COLLECTIONS ------------------------------ 952.13'? FTMBALL ACE HARDWARE 952335 CTNTAS CORP. 9-?44-? BFT .y .. 1 95'?-14'7'7 CITY GARAGE 9524?7 C-TTY GARAGE 95251r' WASTE MANAGEMENT OF nYLA 960091 GO SYSTEMS DEPARTMENT TOTAL ====? PFCYrL.F CENTER ------------------------------ S T'l P P ' 1 E.5 T.TNTFnpm PENT/CLEAN A/Qci COMM PFFITSF PARTS PARTS TIP PEES 6/95 FTJFL 63-96 1.04.09 .10 A2, 216.1.2 1-qo.00 236.35 "6,40 195.00 79,00 8.36 Jr. 1)68.81 5AI C;o I - 1,700,00 _7110.00 31.00 10 5 , 71l 49.89 9?,41 ?17.$R 55938.22 1.18 9 C, .. 808.7n 17.89 85,20 121505,40 1 601 .?,A 458,( - ) A 4.077,1-19 TUMIPALT., C-TTPPT 7 I I I 0 DEPARTMENT TOTAL ====) 21438.57 ------------- FUND TOTAL ===> 163,000.03 12 OWA5Sn PnR<JC ATj7R(-)RT7Y 7/14/95 9:4�:V6 A/P CJ.�IM5 REPORT ApAPVR PAGE: PO *1 ---------- VENDOR ------------------------- nPSCRTP?TOS ------------------------- AMOUNT ------------- 952335 CIN?AS CORP. UNIFORM RFN?/CCSAH 28,40 952442 BFI 6/95 COMM REFUSE 1,924.00 952442 BFI G[ASq 90.00 952516 WASTE MANAGEMENT OF OKLA TIP PGE5 185.64 960091 GO SYS7SMS 6/95 FUEL 79.5O 960106 SOUTHWESTERN BSLJ. ?SLG, 5/9s PLSXAR 24-4r 960109 PSO 9/95 VSp 89.8O DEPARTMENT TOTAL ====) 21438.57 ------------- FUND TOTAL ===> 163,000.03 12 CT77 OF 0mASqO OpwA CApT7AL. IMPRnVF.NF.T-j? FUND 7/11 4/9!� 9;45:06 A/P C1.ATM5 FT.POR7 Ap4pVP PAGS: P0 t VENDOR DSSCRIP7TON AMOUl i? ---------- ------------------------- ------------------------- ------------- DEB? SERVICE ------------------------------ 9A0O03 CIBFIR?Y BANK Z 7RTTCT 0Wpp \/lAN 4,R75.14 960063 LIRSR?Y BA14K & TRUST DoRB LOAN 19,916.71 ------------- DEPARTMENT TOTAL ====> 24,791.85 WASTEWATER ------------------------------ 95?503 F8C INC, WWTp DESIGN-5/16/95 8,440.00 ------------- DEPARTMENT TOTAL ====} 8,440.00 ------------- PVND TOTAL ====> 33,231'85 13 VENDOR TRANSFERS CITY GARAGE WORKERS' COMP SELF -INS GENERAL FUND COLLISION SELF -INS TRANSFERS TOTAL CITY OF OWASSO OPWA A/P TRANSFER REPORT DESCRIPTION TRANSFER FROM OPWA TRANSFER FROM OPWA TRANSFER FROM OPWA TRANSFER FROM OPWA AMOUNT 5,125.00 3,842.50 25, 265.67 2,500.00 36, 733.17 VENDOR TRANSFERS CAPITAL IMPROVEMENTS TRANSFERS TOTAL CITY OF OWASSO OPWA A/P TRANSFER REPORT DESCRIPTION AMOUNT TRANSFER FROM OPWA SALES TAX FUND 386,458.20 386,458.20 F! L I i OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING 07/08/95 FDEPARTMENT OVERTIME TOTAL EXPENSES EXPENSES r� vw iv xi. v:. wn.» n:•.•...:,...:::, 4r: ::::: :::::::::: >:: >::::yMtiy::::::::. Water .............. v». ru ..v.::.v.:.vrii.:i:4i:•:.ii.X.i 368.70 �:ii:: :i•::�'%'�• ^' 4,582.85 ^•T•:��✓'Yv�t�� i!4i:i::.i:vx ......:xr v..nm:.w •...:. n.•.k .. �iM� Ti�.pJ{<�� {�C ? ?<��C`f�LA'`�'�` /,C Refuse 36.90 .ti! 3792.57 • :...!.. xn,!.:!. w. wn!...> m..• w. xr,.<, w!:;.> ti; �i�.:. i�:::•:::: 4:•: 0 ;:•:•>;>:4r,::;::;.:;.:;:;.:o-:; ±..:,.....v...4y.!.v... .......!.,.v...» �:::., .. •:� �jy }:��.jha�.;,..::.:.;.':.;, •:•�:�.��S.Y'.1f..::i:iiii is !4ti4..ms:x2Yn...{�•.:.!..i. ': ii: i:' •.. .... r.! 4: s!.!...• n! e.:: w:::• i:. ii:•...^ .,.Y�f':�.�.i�:..•.� %y'�..��':� OPWA Capital Improvement 150.48 1,211.94 .' ,......•...} ii:?.: ry:•: �:.: ��'''.+':}:.:.: y. i:...}' iy' �• r�?'.'::' 4h�.: L.{ �i4�1ii�:.•:{ i.};: �;.•; �}.•.'.{{:::::/ r:.{.::: 4r? �•• ii};: �::{:;:;:;:; i... vQ•:!:!::: i.:{.: r.,:• �y.;:::}'::+! C}•:: i:: ii:: i:::::: is�::::': ;� �D �'k:��'.L.7•�.i�� #.t� ��.Lr +�,i�7W SJ�::::: ":;�:� ;::ii::! }�:}•(:.:•:ti: {:!:v4:•:ti inv.(:•i�:•?i*�:•' /,r "`�;Ei:'�i:3t::3< APPROVE 07/18/95 Chairman Trustee Trustee rTTY op nwAs�n nPWA CAPTTAT. Tm?RnvpMP.NT FITNT) ;'/ ?4/95 9*qq:40 A/P M ATM'= RPPn?T APAPVP vpNT)nR DPRrRTPTTON Amnl-TNT ---------- ------------------------- ------------------------- ------------- WASTEWATER ------------------------------ 966157 T.G. FyrAVATTNr, DEPARTMENT TnTAT, FUND TOTAL ====) qFWFP T-TNF PFRAR PWAqF TT ?,51. 1 AR0. 0 4 ------------- 4,44 ------------- 2Al,A'A4,04 I I - P- I MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: CONTRACT FOR SALE OF PROPERTY DATE: July 11, 1995 BACKGROUND: (See attached memorandum dated May 10, 1995 for additional detail.) During the May 16th meeting of the City Council, the City Manager was authorized to develop a contract for the sale of property to Ray Haynes. The City Manager was further authorized to submit such contract to Mr Haynes and proceed with accomplishing surveying and abstracting requirements to have available in the event an agreement for sale is reached. A contract has been developed (see attached) and submitted to Mr Haynes and includes all conditions established by the Council at the May 16, 1995 meeting (see attached background ' memorandum). The contract has been signed by Mr Haynes indicating his agreement with the purchase price and conditions. ' RECOAMFE NDATION• The staff recommends that the OPWA Trustees take the following actions: 1. Approve a contract ' for the sale of 11 /2 acres to Ray Haynes for a total price of $7500. 2. Authorize the Chairman to execute the contract on behalf of the OPWA Trustees. 3. Authorize the Chairman and City Manager to initiate and execute all actions to "close" the sale as deemed necessary or required. 1 Contract for Sale of Property ' July 11, 1995 Page 2 1 NOTE: If the above recommendation is approved, this issue will not be placed on the agenda r for any further action. In effect, the Trustees are being requested to take final action on the sale of the property. ATTACHMENTS: 1. Contract for Sale of Property 2. Background Memorandum dated May 10, 1995 CONTRACT FOR SALE OF REAL ESTATE THIS CONTRACT is entered into between the Owasso Public Works Authority, an Oklahoma Public Trust ( "Seller ") having its principal place of business at 207 South Cedar, Owasso, Oklahoma 74055, and M Ray Haynes of 110 East 24th Court, Owasso, Oklahoma 74055 ( "Buyer "). Upon approval of this Contract by both Seller and Buyer, evidenced by their signatures hereto, a valid and binding contract of sale shall exist. 1. SALE: Seller agrees to sell and convey to Buyer by warranty deed and Buyer agrees to purchase the following described real estate (the "Property ") located in Tulsa County, State of Oklahoma, and attached hereto as Exhibit "A" together with all improvements thereon, if any, in their present condition, ordinary wear and tear excepted, and including the following personal property: NONE 2. PURCHASE PRICE: The total purchase price is Seven Thousand Five Hundred and No /100 Dollars ($7,500.00). The Buyer shall deposit the sum of Five Hundred and No /100 Dollars ($500.00) with Seller upon Seller's execution hereof, as earnest money and partial payment. Upon closing, the Buyer shall pay unto Seller the remaining Seven Thousand and No /100 Dollars ($7,000.00) in cash, cashier's check or certified funds. 3. TAXES AND PRORATIONS: A. The Seller shall pay in full: (i) all special assessments against the Property upon the date of Closing, whether or not payable in installments; (ii) all taxes, other than general ad valorem taxes for the current calendar year, which are a lien on the Property upon the date of Closing; and (iii) the cost of any item of workmanship or material furnished on or prior to the date of Closing which is or may become a lien on the Property. B. Unless otherwise specified in paragraph seven (7), the following items shall be prorated between the Seller and Buyer as of the date of Closing: (i) rents, if any; and (ii) general ad valorem taxes for the current calendar year, provided that, if the amount of such taxes has not then been fixed, the proration shall be based upon the rate of levy for the previous calendar year. 4. CONDITION OF PROPERTY: A. Until Closing or transfer of possession, risk of loss to the Property, ordinary wear and tear excepted, shall be upon Seller; after Closing or transfer of possession, such risk shall be upon Buyer. B. Unless otherwise agreed upon in writing, Buyer, by Closing or taking possession of the Property, shall be deemed to have accepted the Property in its then condition. No warranties, express or implied, by Seller, or Seller's agents, with reference to the condition of the Property shall be deemed to survive the Closing. 5. CLOSING: Subject to the provisions of paragraph three (3) and subject to the fulfillment of any conditions to the Closing specified in paragraph seven (7), the Closing shall be held on or before the day of , 1995. If there are valid objections to title which require correction, the Closing shall be extended for the time permitted to correct such objections. At the Closing, the Seller shall deliver to Buyer a duly executed and acknowledged warranty deed conveying indefeasible fee simple title to the Property to the Buyer upon payment of the Purchase Price as heretofore provided. Unless otherwise agreed to in writing, possession shall be transferred at Closing. 6. BREACH OR FAILURE TO CLOSE: If, after the Seller has performed Seller's obligations under this Contract, and if within five (5) days after the date specified for Closing under paragraph five (5) the Buyer fails to make the payments or to perform any other obligation of the Buyer under this Contract, then all sums theretofore paid on the Purchase Price shall, at the option of the Seller, be retained as liquidated damages for the breach of this Contract by the Buyer. The Seller and Buyer agree that such amount is a reasonable amount for liquidated damages and that it would be impractical and extremely difficult to determine actual damages. If Buyer shall perform all of the obligations of Buyer hereunder and Seller shall breach this Contract or fail to perform any of Seller's obligations hereunder, the Buyer shall be entitled to cancel and terminate this Contract, or pursue specific performance of this Contract. 7. SPECIAL CONDITIONS: A. No realtor's commission is to be payable on this transaction. B. Buyer, at Buyer's expense, shall provide a survey and an Abstract of Title duly certified to the date of this Contract. C. Buyer, at Buyer's expense, agrees to perform the following, to -wit: 27sacsr 2 F1 1. Rezone the entire tract depicted on Exhibit "A" to Light Industrial (IL); 2. Obtain any necessary lot splits; 3. Begin construction of a small manufacturing facility (approximately 700- 1000 square feet) within six (6) months from date of closing; 4. Employ at least four (4) employees within one (1) year of business start up; and, 5. Pay for costs associated with title transfer, title opinion, title curative actions, if any, abstract and zoning charges. D. Buyer's and Seller's obligation to perform under the terms and conditions of this Agreement shall be conditioned upon Buyer successfully obtaining and providing to Seller a Letter of Commitment from a reputable financial institution for construction financing or alternatively documented evidence of sufficient construction capital being in place. The provisions of 7 (C) shall survive the Closing. 8. EFFECT: This Contract shall be executed in duplicate and, when executed by both Seller and Buyer, shall be binding upon and inure to the benefit of Seller and Buyer, their heirs, legal representatives, successors and assigns. This Contract sets forth the complete understanding of Seller and Buyer and supersedes all previous negotiations, representations and agreements between them and their agents. This Contract can only be amended or modified by a written agreement signed by Seller and Buyer. APPROVED BY SELLER THIS ATTEST: Marcia Boutwell, Secretary DAY OF JULY, 1995. OWASSO PUBLIC WORKS AUTHORITY By: Charles L Burris, Chairperson APPROVED BY BUYER THIS A DAY OF JULY, 199 . L M Ray Haynes 2780.csr 3 - 1 PEAR '-23' 95 (THU) 16: 13 SACK & ASSOC.. INC. TEL:918 592 4111 P. 003 A LEGAL DESCRIPTION OF EAST TRACT A TRACT OF LAND THAT IS PART OF THE W/2 OF THE NE /4 OF SECTION -31, T -21 -N, R -14 -E, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: STARTING AT THE SOUTHEAST CORNER OF THE W/2 OF THE NE /4 OF SAID SECTION -31; THENCE DUE NORTH ALONG THE EASTERLY LINE OF SAID W/2 OF THE NE /4 FOR 894.32'; THENCE N 89 041'55" W FOR 50.00' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND; THENCE CONTINUING N 89 041'55" W FOR 196.75'; THENCE DUE SOUTH FOR 332.101; THENCE S 89 041'55" E FOR 196.75'; THENCE DUE NORTH AND PARALLEL WITH THE EASTERLY LINE OF SAID W/2 OF THE NE /4 FOR 332.10' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND. THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 1.5000 ACRES. B854A(57) 2114.31 03 /23 /95:RM:SKY PC:LEGALS \CTY- OWAS.2LG r, 1 1 1 ■ I r MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: OFFER TO PURCHASE PROPERTY FOR MANUFACTURING FACILITY DATE: May 10, 1995 BACKGROUND: The staff has discussed with Mr Ray Haynes the possibility of a company he is associated with relocating to Owasso. Mr Haynes, a long -time Owasso resident, leases space to a company that manufactures cabinets for residential and commercial use. The company is currently located in Collinsville, Oklahoma and employs four people year- round. Mr Haynes has indicated an interest in purchasing property from the City of Owasso (OPWA) and constructing a small manufacturing warehouse facility on the property. He has also indicated that the employee base may increase to eight people within one year. The property he is interested in is located on Fifth Ave immediately south of the Recycle Center and consists of 11h acres (see attached sketch drawing). The property is part of a tract that we have recently marketed to Mr Roy Fickle and, if sold, would complete the sale of all frontage property of Fifth Avenue. However, there remains an approximate seven -acre tract of "fill" property immediately south of the subject tract. I recently received the attached official offer from Mr Haynes to purchase the property at a total price of $7500 ($5000 per acre). on The sale of the property has been discussed with members of the OEDA to ensure they are aware of the potential economic development impact and to seek their input. At this point, there appears to be consensus that the sale of the property will be positive for the city and community. It will produce jobs, create economic growth, add to the school's tax base and increase the benefit of the investment we have made in the infrastructure of that area. OFFER TO PURCHASE PROPERTY May 10, 1995 Page 2 PROPOSED COUNTER OFFER: The staff has reviewed the offer to purchase submitted by Mr Haynes, the proposed use of the property and the impact of the sale on other potential prospects. Based on that review, it is the staff position that, while the per acre price offered is slightly lower than the price paid for NSP property, the absence of other offers over the past three years indicates the property does not have good appeal to potential buyers. Additionally, the sale of adjoining property to Mr Fickle was for $5000 per acre. The staff believes, however, there are costs associated with the sale that should be assumed by the buyer in order for the City to "net" the $7500 offer. Therefore, the staff recommendation is that a "counter offer" be made that would require the "buyer" to pay for the cost of title transfer and opinion, abstracting, lot split and zoning for the property. If such counter offer is accepted, the City would net $7500 on the sale. CONTRACT CONDITIONS: In order to ensure that the property is used for economic development purposes, the following conditions should be included in a final contract for sale: Requirement that construction of facility begin within six months from date of closing. 2. Requirement that firm employ at least four employees within one year of start up. 3. Letter of commitment for construction financing or confirmation that construction capital is in place prior to closing. 4. Buyer pays for costs associated with title transfer, title opinion, abstract, lot split and zoning charges. RECOMMENDATION: The staff recommends the Council authorize the City Manager to offer a counter proposal to Mr Haynes, based on the conditions listed in this memorandum, and that such proposal be contained in a contract for sale of property. The staff further recommends the City Manager be authorized to cause an abstract to be developed for review and title opinion. a- 61 OFFER TO PURCHASE PROPERTY May 10, 1995 Page 3 ATTACHMENT: ' 1 Correspondence espondence from Mr Haynes 2. Sketch plan of area 3. Legal description of property NOTE: Should the Council accept the staff recommendation, it is anticipated that formal action to authorize the sale will be requested at the June 6, 1995 City Council meeting. 17 In 1 1 I L� TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: RODNEY J. RAY CITY MANAGER SUBJECT: WASHINGTON RURAL WATER DISTRICT NO. 3 - CONTRACT FOR EMERGENCY AND LIMITED WATER SERVICES DATE: July 11, 1995 BACKGROUND: In March 1993, the Trustees of the Owasso Public Works Authority executed a contract that provided for the acquisition of one and one -half square miles of water service area from the Rural Water District #3 in Rogers County (RWD #3). The area was approximately one -half mile north of 96th Street North to 86th Street North between 129th E. Avenue and 145th E. Avenue (see Attachment 1). The OPWA paid the RWD #3 $49,750 for the area ($25,000 from OPWA cash on hand and $25,000 borrowed at no interest from local developers). Two water lines were constructed by the city to remove customers from the Rural Water District ' system and provide service from the system operated by the City of Owasso. Total cost of construction was approximately $3,500. The customers from the Rogers County system were transferred to the system operated by the City of Owasso on September 2, 1994. Prior to the transfer, Rogers County had been pumping water to its customers at pressures in the range of 70 -80 psi. Following the change to our system, these same customers have had pressures in the range of 40 -45 psi. Although the present water pressures to these customers is well above the minimum required by the Oklahoma Department of Environmental Quality, the level of service expected by these io customers has decreased and we have received numerous complaints. Most of the complaints are a result of low pressure during high water use periods, especially in the warm weather months. Public Works staff has evaluated methods to correct this problem. A computer water network model to aid in the analysis of solutions to the problem was updated by INCOG in December t Page 2 Washington County RWD #3 Agreement 1994. Potential solutions evaluated include extending a 12 -inch water line along 96th Street North from 129th E. Avenue, providing a pump to increase pressure in the higher elevation area, modification of operational procedures to provide additional pressure from the City of Tulsa system, and interconnections with Washington and /or Rogers County Rural Water Districts. Staff met with the Rogers County Rural Water District #3 manager in October 1994 to discuss the possibility of temporarily restoring service to our system while we assessed long -term options to increase pressure. They strongly suggested that we needed to discuss options with Washington RWD #3. Preliminary discussions with Washington RWD #3 were initiated in October 1994. At that time, their engineer appeared to be concerned about providing water at the end of their system. A meeting was subsequently held with the District to discuss details of our problem and provisions for emergency interconnections with other portions of their system. EMERGENCY CONNECTIONS WITH WASHINGTON COUNTY RWD #3: The City of Owasso water distribution system presently serves customers on the north side of 126th Street North. Service to this area essentially is provided through a single water line that originates at 96th Street North and Garnett Road. Should the main line break, many customers, including Hillcrest, Hale Acres, Westport, Hillside, Steed Addition and German Corner would be out of water until a repair could be made. Two points of emergency connections with the Washington RWD system were discussed at a meeting with the RWD Board on January 9, 1995. The two locations will enable the City of Owasso to provide service continuity through meters at 126th Street North/97th E. Avenue (North Dale Acres) and at a point in Bailey Ranch Estates. Costs to construct the emergency interconnection at North Dale Acres will be paid by ' Washington County RWD #3. In exchange, the 22 water customers presently served by the City system will be transferred to Washington RWD #3. Costs for the Bailey Ranch emergency interconnection are to be the responsibility of the City , of Owasso. As development proceeds at Bailey Ranch, the City will require the developer to include this structure as part of the approved water distribution plans. Therefore, costs for the interconnection will actually be paid by the developer. ' LMTED WATER SERVICE CONNECTION• ' As a result of the low pressure problems discussed above, an interconnection with Washington RWD #3 also was discussed to provide service to customers lying north and south of 96th Street North between 129th E. Avenue and 145th E. Avenue. To achieve service to the area, I Page 3 Washington County RWD #3 Agreement Washington RWD #3 would need to extend existing water mains located on 145th E. Avenue and 129th E. Avenue. ' The District is prepared to provide assistance to the City to the area lying south of 96th Street North, with the exception of providing sufficient water to meet fire flows. A point of service to our customers will be located on the north side of 96th Street North at the entrance to Windsor Lake I. A water line will need to be constructed by the District on 96th Street North to reach this location. ■ Costs to install the District water lines are to be at their expense. In exchange for the extensions, the 60 water customers presently served by the City north of 96th Street North will be purchased by the District for $25,000. (This amount equals that still owed local developers for the purchase of the Rogers County system). ' Costs to extend the City system to the metering location are to be borne by the City. It is estimated that this cost will be approximately $8,000. ' AGREEMENT FOR EMERGENCY AND LIMITED WATER SERVICE: A draft Agreement between Washington RWD #3 and the OPWA was prepared on June 2, 1995. Staff and the City Attorney met to discuss the contents and returned comments to the District ' and the District's engineer. A follow -up meeting with the District was held on July 10, 1995 to discuss specific points of contention. Mayor Burris and Mr Carr were at this meeting. As a result of the follow -up meeting, a tentative agreement was reached by both parties, all issues had been resolved, and the District's Attorney was instructed to revise the Agreement and the Exhibits to reflect the changes. The attached Agreement and Exhibits have been reviewed by staff and the City Attorney for conformance with the agreed changes and all items are adequately reflected. Key points in the Agreement and the Exhibits are as follows: ' Agreement • Transfer of North Dale Acres service area from OPWA to Washington ' RWD #3. An emergency service interconnection will be provided at this location. Costs for installation of interconnection and meter will be the responsibility of Washington RWD #3. ' • Transfer of service area north of 96th Street North between 129th E. Avenue and 145th E. Avenue from OPWA to Washington RWD #3. Washington ' RWD #3 will pay $25,000 for this area. Piping and other improvements to the area will be paid by Washington RWD #3. 1 11 Page 4 Washington County RWD #3 Agreement • Establishment of boundary description for Bailey Ranch H service areas. A limited number of lots are to be platted which will straddle the boundary between the City and District. A formal agreement to serve these houses will need to be executed. An emergency service interconnection will be provided at this location. Costs for installation of interconnection and meter will be the responsibility of OPWA. Emergency Service (Exhibit A) • Emergency rate is $1.75 per thousand gallons. The rate is to be reviewed and can be adjusted every year. • Emergency water service shall to exceed 125,000 gallons per day. • Emergency service shall not be provided for longer than thirty (30) days. No more than three (3) emergency service periods shall be provided in each calendar year. Limited Water Service (Exhibit B) • Limited service water rate is $2.00 per thousand gallons for the full term of the agreement. • Limited water service shall be effective for a thirty (30) month period. • Service can be extended for an additional twelve (12) months. The rate for service can be reviewed and adjusted. • Water volume, except for fire flow, shall not exceed 125,000 gallons per day. • OPWA will continue to provide fire flow needs within the service area (south of 96th Street North). RATE COMPARISON IN THE LIMITED SERVICE AREA: In 1993, when the OPWA acquired the Rogers County RWD #3 customers, the City entered into ' a water service contract that provided customers within the service area being purchased by the City to pay water rates no greater than the rates paid by customers residing within the City limits. These provisions are still valid for those customers lying south of 96th Street North, although they will be in the limited service area supplied water from Washington RWD #3. Page 5 Washington County RWD #3 Agreement At present, Owasso purchases water from the City of Tulsa for $1.49 per thousand gallons. This rate will increase to $1.55 per thousand gallons in October. Washington County RWD #3 will be charging $2.00 per thousand gallons. The differential of $0.45 per thousand gallons will not be actually charged to these customers, but will be absorbed in the overall operation costs. Exhibit B of the Agreement lists the number of customers presently included in the service areas and those ultimately anticipated. Presently, 96 customers are provided service. If the average customer uses 7,000 gallons per month, approximately $302 per month of revenue loss will result from the differential in rates. At ultimate development, the amount will increase to approximately $625 per month. RECOMAN- NDATION: Staff recommends approval of an agreement with Washington county Rural Water District #3 for: 1. The transfer of service in North Dale Acres from OPWA to Washington RWD #3; 2. The sale of service area north of 96th Street North between 129th E. Avenue and 145th E. Avenue from OPWA to Washington RWD #3 for $25,000; 3. Emergency water service interconnections at North Dale Acres and Bailey Ranch Estates in accordance with the provisions of the contract; and 4. Limited water service to the area south of 96th Street North between 129th E. Avenue ' and 145th E. Avenue in accordance with the provisions of the contract. ATTACHMENTS: 1. Map of area acquired from Rogers County RWD #3 2. Map showing Emergency Interconnection locations 3. Agreement GLEN -MUR WIN SOR� LAK VDSOR AKE II - NTRAL' 'ARK Q AM W AZA CITY I VIEW PEA SA N T VOW CAMDEN PARK BARRI GTON COIN HI GI` TERI ui Q w OTTINGHA I L BRENTWOOD , ATTACIFUENT 1 ' Area Acquired from Rogers RWD##3 North Dale Acres Interconnection COUNTRYSIDE ES T. HILL "N' dale HILLSIDE ES T. 9� 9, I], Im WEST PORT AM PPLE TREE HALE AC. I 2 6TH 0 Q ALLENS ADDITION 0 W MEADOWCREST 1 1 6TH GERMAN AC. FOX 1 06TH ►'►I Bailey Ranch Estates Interconnection EL RIO VISTA Q (� BAILEY RANCH ES TA TES I 1 Y COMBS t ATTACIIMENT 2 Emergency Interconnections .4 AnRFFMFNT THIS AGREEMENT (the "Agreement ") made and entered into this day of , 1995, by and between RURAL WATER DISTRICT NO. 3, WASHINGTON COUNTY, OKLAHOMA, an organization created pursuant to the Oklahoma Rural Water Sewer and Solid Waste Management District Act, as amended (82 O.S. §1324.1 et seq.) ( "RWD No. 3 "), and the OWASSO PUBLIC WORKS AUTHORITY (hereinafter referred to as "OPWA "). Rpr TTAT.R A. RWD No. 3 and OPWA operate water distribution systems which provide water to users within their boundaries. B. RWD No. 3 and OPWA have agreed that OPWA will transfer certain territories and customers within those territories to RWD No. 3 in exchange for improved service to customers within those territories and in return for the payment of Twenty Five Thousand and No /100 Dollars ($25,000.00) by RWD No. 3 to OPWA. C. OPWA wishes to secure from RWD No. 3 a supply of water for certain areas within OPWA boundaries on a limited service basis. D. From time to time, RWD No. 3 or OPWA may require emergency supplies of water and RWD No. 3 and OPWA desire to reciprocally purchase and sell water to and from each other on an emergency basis. AGREEMENTS: NOW, THEREFORE, in consideration of mutual covenants and agreements herein contained and for such other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged as consideration, the parties hereto agree as follows: ARTICLE 1 ' DEFINED TERMS For the purpose of this Agreement, the following terms have the following meanings: 1.01 Service Area. Service Area shall mean those customers located within a particular geographical area. 1.02 The South of 96th /129th /145th Service Area. The South of 96th /129th /145th Service Area shall mean those customers located in the geographical area generally described as the North Half of the North Half (N /2 N /2) and the North Half of the South Half (N /2 S /2) of the North Half (N /2) all in Section 21, Township 21 North, ' Range 14 East, Tulsa County, otherwise described as that area South ' of 96th Street North, East of 129th East Avenue and West of 145th East Avenue, including the following subdivisions: ' Windsor Lake, 39 lots and approximately 37 present users; ' Part of Windsor Lake II, 40 lots and approximately 30 present users; ' Part of Windsor Lake II Extension, 4 lots, approximately 2 current users; ' Nottingham, 46 lots, approximately 9 present users; Pleasant View, 18 lots, approximately 18 ' present users; and Nottingham II, 52 lots, no present users. ' 1.03 Service Territory. Service Territory shall mean a particular geographical area in which customers of a water district ' are located. 1.04 The North Dale Acres Service Territory, The North Dale Acres Service Territory shall mean the geographical area north of ' 126th Street North and west of Mingo and all customers therein. 1.05 The North of 96th /129th /145th Service Territory. The North of 96th /129th /145th Service Territory shall mean that geographical area lying north of 96th Street North, east of 129th East Avenue and west of 145th East Avenue and all customers ' therein. 1.06 Bailey Ranch II Service Territory. Bailey Ranch II Service Territory shall mean the Bailey Ranch Estates II subdivision, as delineated by the U.S. District Court for the Northern District of Oklahoma in Rural Water District #3, Washington County, Oklahoma v. Owasso Utilities Authority, et al., Civil Action No. 77- C -99 -E, and all customers therein. ARTICLE 2 ' TRANSFER OF NORTH DALE ACRES SERVICE TERRITORY 2.01 OPWA shall transfer to RWD No. 3 and RWD No. 3 shall annex all of the North Dale Acres Service Territory and all piping and other equipment located within said Territory. t 2.02 OPWA will provide the names and addresses of all customers within the North Dale Acres Service Territory (estimated to be 22 or 23 customers, as of the date of the execution of this ' 2 Agreement) and an OPWA field representative will accompany RWD No. 3's field manager to locate said customers. 2.03 RWD No. 3 shall be responsible for the cost of all work and materials necessary to effect the interconnect of RWD No. 3's lines to the existing OPWA system in the North Dale Acres Service Territory including, but not limited to, setting cross and valves in the existing lines. 2.04 The parties shall establish emergency interconnect and metering points at North Dale Acres which shall extend to the existing 8 -inch ACP line belonging to OPWA. 2.05 RWD No. 3 shall provide and install, at its cost, a meter at the emergency service interconnect suitable to OPWA. 2.06 With regard to the provision of emergency water service to this Service Territory, the parties shall execute an agreement for emergency water service in the form attached as Exhibit "A" to ' this Agreement. ARTICLE 3 TRANSFER OF THE NORTH OF t 96TH /129TH /145TH SERVICE TERRITORY 3.01 OPWA shall transfer to RWD No. 3 and RWD No. 3 shall ' annex all of the North of 96th /129th /145th Service Territory and all piping and other equipment located within said Territory. 3.02 OPWA will provide the names and addresses of all customers within the North of 96th /129th /145th Service Territory (estimated to be approximately 60 as of the date of the execution ' of this Agreement) to RWD No. 3 and an OPWA field representative shall accompany RWD No. 3's field manager to locate said customers. 3.03 RWD No. 3 shall pay the sum of Twenty Five Thousand and ' No /100 Dollars ($25,000.00) to OPWA. 3.04 RWD No. 3 shall be responsible for all costs related to ' providing, installing, and maintaining a piping system and other improvements necessary to provide RWD No. 3's normal quality service to customers within the North of 96th /129th /145th Service Territory. ARTTrT.F. 4 ESTABLISHMENT OF BOUNDARY DESCRIPTION FOR BAILEY RANCH II SERVICE TERRITORY 4.01 The parties agree that the Bailey Ranch II Service Territory as defined herein to be the Bailey Ranch Estates II 3 �-] 11 subdivision as delineated in the final decision of the U.S. District Court for the Northern District of Oklahoma in Rural Water ki District #3, Washington County, Oklahoma v. Owasso Utilities Authority, et al., Civil Action No. 77- C -99 -E, and all customers therein will belong to RWD No. 3. 4.02 RWD No. 3 will permit the use of RWD facilities by the City of Owasso in providing fire protection within the subdivision. Use of RWD No. 3's facilities for fire protection by the City of Owasso shall be preceded by a timely notification of such use by the City of Owasso Fire Department. 4.03 Wastewater service within the subdivision will be provided by OPWA. This Article 4 of this Agreement is expressly conditioned upon the execution of an agreement between RWD No. 3 and OPWA to cooperate and coordinate in the billing, collection and cut -off for delinquent; payments of bills for water and wastewater service as follows: 4.03.1 RWD No. 3 and OPWA will cooperate in developing rules and regulations concerning discontinuance of service for non - payment of water service or wastewater service charges. 4.04 This Article 4 of this Agreement is further expressly conditioned upon RWD No. 3 entering into a development contract ' with the developer concerning the details of size, location and materials to be involved in the installation of the water system within the Bailey Ranch II subdivision, which shall comply with OPWA minimum standards and design criteria. ' 4.05 Because there may be overlapping of lines belonging to RWD No. 3 and OPWA, RWD No. 3 and OPWA will cooperate in the construction and observation of construction of the other's lines on their adjoining Service Territories within the subdivision. 4.06 OPWA and RWD No. 3 will enter into a Standard Agreement IM for Emergency Water Service, in a form as attached in Exhibit "A ", to include a metering point to be located in Bailey Ranch Estates II, such location to be approved by engineers for OPWA and RWD No. 3. 4.07 The piping costs for such emergency metering shall be a ' part of the Water Installation Plan for the subdivision, to be approved by RWD No. 3. ' 4.08 OPWA will provide, at its cost, a meter suitable to RWD No. 3. ARTTCT.F. 5 LIMITED SERVICE CONTRACT FOR THE SOUTH OF 96TH /129TH /145TH SERVICE AREA 5.01 RWD No. 3 agrees to provide limited water service to OPWA customers located in the South of 96th /129th /145th Service Area. OPWA and RWD No. 3 shall enter into a limited service agreement, which shall be in the form attached as Exhibit "B ". 5.02 OPWA shall pay the cost of all work and materials necessary to interconnect RWD No. 3's lines with existing OPWA lines. All necessary connections between this Service Area and the RWD No. 3 system shall be made at OPWA's expense, with RWD No. 3's concurrence as to the method and location of said connections. 5.03 RWD No. 3 will provide, at its cost, piping system(s) necessary to provide the district's normal quality service to this Service Area. ARTTC T.F. A MISCELLANEOUS 6.01 The terms and provisions of this Agreement will extend to and be binding upon the successors and assigns of the parties hereto. 6.02 In the event that any provision of this Agreement shall be determined to be illegal, invalid or otherwise unenforceable, the remainder of this Agreement shall not be affected thereby and each remaining provision, term, covenant or condition shall be enforced to the fullest extent of the law. 6.03 This Agreement shall be governed by the laws of the State of Oklahoma. This Agreement shall be deemed to have been drafted by both parties and not by one to the exclusion of the other. Any notice or other communication hereunder shall be in writing, and if mailed, by certified or registered mail, postage pre -paid, return receipt requested, shall be deemed to have been duly given or made on the date of receipt, or if not mailed in such manner, then as of the date actually delivered to RWD No. 3 or OPWA at the address as listed below: Notices directed to RURAL WATER DISTRICT NO. 3 RWD No. 3 shall WASHINGTON COUNTY be sent to: P.O. Box 70 Collinsville, Oklahoma 74021 5 Notices directed to OPWA shall be sent to: EXECUTED on the ATTEST: [SEAL] OWASSO PUBLIC WORKS AUTHORITY P.O. BOX 180 Owasso, Oklahoma 74055 day of , 1995. RURAL WATER DISTRICT No. 3, WASHINGTON COUNTY, OKLAHOMA By: Secretary Name: Its Chairman of the Board "RWD No. 3" ATTEST: OWASSO PUBLIC WORKS AUTHORITY [SEAL] By: Marcia Boutwell, Secretary Charles L. Burris Chairman "OPWA" APPROVED AS TO FORM: Ron Cates Attorney for OPWA 2 STATE OF OKLAHOMA ) ) ss COUNTY OF TULSA ) This instrument was acknowledged before me on this day of , 1995, by as Chairman of the Board of RURAL WATER DISTRICT NO. 3, WASHINGTON COUNTY, OKLAHOMA. My Commission Expires: Notary Public STATE OF OKLAHOMA ss COUNTY OF TULSA ) This instrument was acknowledged before me on this day of , 1995, by Charles L. Burris as Chairman of OWASSO PUBLIC WORKS AUTHORITY. My Commission Expires: 2.sp \rwd \7agr 7 Notary Public Exhibit "A" STANDARD AGREEMENT FOR EMERGENCY WATER SERVICE 1.01 Emergency Service. Emergency Service shall mean water THIS STANDARD AGREEMENT FOR EMERGENCY WATER SERVICE (this ' "Agreement "), made and entered into this day of , 1995, by and between RURAL WATER DISTRICT NO. 3, WASHINGTON COUNTY, ' OKLAHOMA, an organization created pursuant to the Oklahoma Rural Water Sewer and Solid Waste Management District Act, as amended ( 82 reciprocally purchase and sell water to and O.S. §1324.1 et se q.) ( "RWD No. 3 "), and the OWASSO PUBLIC WORKS ' AUTHORITY ( "OPWA "). and Bailey Ranch II Service Territories, as hereinafter defined. RECITALS: iAGREEMENTS: Ranch 1.01 Emergency Service. Emergency Service shall mean water A. RWD No. 3 and OPWA operate water distribution systems ' which provide water to residents within their respective need or demand for water boundaries. of not more than thirty (30) days. ' B. From time to time RWD No. 3 or OPWA may require an emergency supply of water and RWD No. 3 and OPWA desire to pursuant to reciprocally purchase and sell water to and from each other on an ' emergency basis within the North Dale Acres and Bailey Ranch II Service Territories, as hereinafter defined. iAGREEMENTS: Ranch II Meter" or the "North Dale NOW, THEREFORE, in consideration of the mutual covenants and ' agreements herein contained and for such other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged as consideration, RWD No. 3 and OPWA hereby agree as follows: ARTICLE 1 ' DEFINED TERMS For the purpose of this Agreement, the following terms have the following meanings: 1.01 Emergency Service. Emergency Service shall mean water 11 service by one of the parties to the other party to meet a bona ' fide, unanticipated emergency need or demand for water for a period of not more than thirty (30) days. ' 1.02 Emergency Rate. Emergency Rate shall mean $1.75 per thousand gallons. This rate is subject to adjustment pursuant to the provisions of Article 2, Section 2.03 of this Agreement. 1.03 Supply Point. Supply Point shall mean the "Bailey Ranch II Meter" or the "North Dale Acres Meter ". 11 1.04 Receiving Purveyor. Receiving Purveyor shall mean either RWD No. 3 or OPWA, whichever is receiving water from the other pursuant to this Agreement. 1.05 Supplying Purveyor. Supplying Purveyor shall mean either RWD No. 3 or OPWA, whichever is supplying water to the other pursuant to this Agreement. 1.06 Bailey Ranch II Meter. The Bailey Ranch II Meter shall mean that water meter to be located in Bailey Ranch Estates II at a location to be approved by engineers for the respective Water Districts. 1.07 North Dale Acres shall mean that water meter the North Dale Acres Service Meter. The to be located Territory. North Dale Acres Meter at the interconnect to 1.08 North Dale Acres Service Territory. The North Dale Acres Service Territory shall mean the geographical area north of 126th Street North and west of Mingo and all customers therein. 1.09 Bailey Ranch II Service Territory. Bailey Ranch II Service Territory shall mean the Bailey Ranch Estates II subdivision as delineated by the U.S. District Court for the Northern District of Oklahoma in Rural Water District #3, Washington County, Oklahoma v. Owasso Utilities Authority, et al., Civil Action No. 77- C -99 -E, and all customers therein: ARTTrT.F. 2 EMERGENCY SERVICE 2.01 The Supplying Purveyor shall, upon notice of an emergency as provided in Section 2.02 of this Agreement, from the Receiving Purveyor, sell and deliver to the Receiving Purveyor on Emergency Service such volume of water as the Receiving Purveyor may require, but not to exceed 125,000 gallons per day. 2.02 The Receiving Purveyor shall, in the event of circumstances requiring Emergency Service, provide as much notification as possible to the Supplying Purveyor, but not less than two (2) hours notice from Monday through Friday and at least four (4) hours otherwise, including Saturdays, Sundays and holidays. k, 4 2.03 The Receiving Purveyor shall, on or before the 10th day ' of each month, beginning , 1995, pay the Supplying Purveyor, for all water delivered for Emergency Service during the preceding calendar month, at the Emergency Rate. The Emergency Rate shall be reviewed and, if necessary, adjusted every ' one (1) year, not later than the first day of June of such year. Any adjustment in the Emergency Rate shall be reciprocal. Any � .1 adjustment made in the Emergency Rate shall not become effective until notice of such adjustment is given by the Supplying Purveyor to the Receiving Purveyor. 2.04 Emergency Service shall not be provided for longer than ' thirty (30) days. The Receiving Purveyor shall be entitled to no more than three (3) Emergency Service periods in each calendar year. Should an emergency occur beyond three Emergency Service periods in one calendar year, Emergency Service may be provided ' under the terms of this Agreement upon approval of the managers of the Receiving Purveyor and the Supplying Purveyor. The Supplying Purveyor shall be entitled to terminate water service without further notice upon the expiration of each thirty (30) day Emergency Service period. ' 2.05 If the emergency which precipitates the need for Emergency Service occurs during a drought or other emergency requiring conservation, the Receiving Purveyor shall curtail use of ' water by resolution and enforcement in the same manner as required of the Supplying Purveyor under such circumstances. 2.06 At such time as the Receiving Purveyor requests Emergency Service, the Receiving Purveyor shall promptly pay to the Supplying Purveyor the actual costs of turning -on or turning -off at the meter, which costs shall, in no event, be less than $25.00 for turning -on the meter and $25.00 for turning -off the meter. AR'PTrT,P. I ISERVICE CURTAILMENT 3.01 The parties may curtail or suspend delivery under this ' Agreement under any of the following conditions: A. Failure of the Receiving Purveyor to make payment of regular monthly billings when the same shall fall due. B. Failure of the Receiving Purveyor to curtail use of water by resolution and enforcement in the same manner and ' method as required of Supplying Purveyor in time of drought or other emergency requiring conservation. C. The other party's breach of any of the terms and conditions of this Contract. ' D. Upon the expiration of the thirty ( 30 ) day Emergency Service period. 3.02 In no event shall the Supplying Purveyor be liable to the Receiving Purveyor or to any customer of the Receiving Purveyor for failure to deliver water or for suspension of service. The right to suspend delivery shall include suspension in whole or in 1 part, limiting hours of delivery, proration with other customers of the Supplying Purveyor, or in any other manner, and the manner and duration thereof shall be at the Supplying Purveyor's sole discretion and shall be final and conclusive. ARTTrT.F. 4 TERMINATION OF CONTRACT 4.01 This Agreement may be terminated by either party at the time of the annual review of the Emergency Rate, as set out in Article 2, Section 2.03, upon thirty (30) days prior written notice of its intention to do so. 4.02 Whenever a party breaches any of the terms of this Agreement, the other party may terminate the Agreement by giving thirty (30) days prior written notice of its intention to do so, unless the breach is cured by the offending party before the expiration of thirty (30) days from the date of notice. It is mutually understood and agreed that this Agreement is violated and a major breach of the Agreement has occurred when the Receiving Purveyor fails to pay any bill accruing under this Agreement on or before the 30th day after the due date of such bill. 4.03 Whenever the Receiving Purveyor has failed to pay any bill accruing under this Agreement on or before the 30th day after the due date of such bill, the Supplying Purveyor may discontinue the sale and delivery of water thereafter upon giving ten (10) days prior written notice of its intention. ARTICLE 5 MAINTENANCE AND OPERATION 5.01 The meters, valves and other connections located at the Supply Points which control the water delivered to the Receiving Purveyor shall be and remain in the sole possession of the Supplying Purveyor. The Supplying Purveyor will perform, at its own cost and expense, calibration tests on the measuring equipment in order to maintain, insofar as possible, an accuracy tolerance within three percent (3%) of the guarantees of the equipment's manufacturer. The Receiving Purveyor shall have the right to request a special meter test to be made at any time. If any test made at the Receiving Purveyor's request discloses that it is accurate, then the Receiving Purveyor shall bear the cost and expense of such test. The Supplying Purveyor will notify the Receiving Purveyor at least forty -eight (48) hours in advance of the time such test is to be made, whether at the Receiving Purveyor's request, to permit the Receiving Purveyor to observe such test. 4 5.02 The Receiving Purveyor shall furnish and maintain all water lines, pipe connections and facilities required to transport water from the supply point to the Receiving Purveyor customers. The Receiving Purveyor shall at all times maintain its lines and system in a state of repair so as to prevent waste of water through any leakage therefrom. 5.03 The Receiving Purveyor understands and agrees that the water pressure to the Supplying Purveyor's delivery point may vary depending upon the demands placed on the Supplying Purveyor's water system and that the Receiving Purveyor's rate of taking water from the Supplying Purveyor's water system shall not reduce the residual pressure of the Supplying Purveyor's water system at the supply point below twenty -five pounds per square inch (25 psi) at any time. ' ARTICLE 6 MISCELLANEOUS 6.01 The terms and provisions of this Agreement shall extend to and be binding upon the successors and assigns of the parties hereto. 6.02 In the event that any provision of this Agreement shall be determined to be illegal, invalid or otherwise unenforceable, the remainder of this Agreement shall not be affected thereby and each remaining provision, term, covenant or condition shall be enforced by the fullest extent of the law. 6.03 This Agreement shall be governed by the laws of the State of Oklahoma. ' 6.04 This Agreement shall be deemed to have been drafted by both parties and not by one to the exclusion of the other. 6.05 Any notice or other communication hereunder shall be in writing, and if mailed by certified or registered mail, postage prepaid, return receipt requested, shall be deemed to have been duly given or made on the date of receipt, or if not mailed in such manner, then as of the date actually delivered to RWD No. 3 or OPWA at the addresses listed below: Notices directed to RWD No. 3 shall be sent to: Rural Water District No. 3, Washington County P. 0. Box 70 Collinsville, Oklahoma 74021 5 6M Notices directed to OPWA shall be sent to: OWASSO PUBLIC WORKS AUTHORITY P.O. Box 180 Owasso, Oklahoma 74055 6.06 This Agreement represents the entire, integrated agreement between RWD No. 3 and OPWA and supersedes all prior negotiations, proposals, representations, commitments, understandings or agreements between the parties, either written or oral, except as set out in (1) this Agreement; (2) the Agreement of the parties dated the day of , 1995, which is incorporated herein by reference as if specifically set out herein; and (3) the Agreement for Emergency Water Service to the South of 96th /129th /145th Service Area of the parties dated the day of , 1995, which is incorporated herein by reference as if specifically set out herein. EXECUTED on the day of , 1995. RURAL WATER DISTRICT No. 3, ATTEST: WASHINGTON COUNTY, OKLAHOMA [SEAL] By: Secretary Name: Its Chairman of the Board "RWD No. 3" ATTEST: OWASSO PUBLIC WORKS AUTHORITY [SEAL] By: Marcia Boutwell, Secretary Charles L. Burris Chairman "OPWA" APPROVED AS TO FORM: Ron Cates Attorney for OPWA 2.sp \nvd \8sta.agr IExhibit "B" ' AGREEMENT FOR LIMITED WATER SERVICE TO THE SOUTH OF 96TH /129TH /145TH SERVICE AREA ' THIS AGREEMENT FOR LIMITED WATER SERVICE TO THE SOUTH OF 96TH /129TH /145TH SERVICE AREA (this "Agreement "), is made and entered into this day of , 1995, by and between RURAL WATER DISTRICT NO. 3, WASHINGTON COUNTY, OKLAHOMA, an organization created pursuant to the Oklahoma Rural Water Sewer and Solid Waste Management District Act, as amended (82 O.S. §1324.1 et seq.) ( "RWD No. 3 "), and the OWASSO PUBLIC WORKS AUTHORITY ("OPWA "). DrrTmnT.c A. RWD No. 3 and OPWA operate water distribution systems which provide water to residents within their respective boundaries. an B. OPWA requires a supply of water to the following r described Service Area and RWD No. 3 desires to supply such water on a limited basis: A geographical area described generally as the N/2 N/2 and the N/2 S/2 N/2 all in Section 21, T -21 -N, R -14 -E, Tulsa County, otherwise described as the Service Area south of 96th ' Street North, east of 129th East Avenue and west of 145th East Avenue, including, but not limited to, the following subdivisions located within the Service Area: Subdivision Lots Present Users Windsor Lake 39 37 Part of Windsor 40 30 Lake II Part of Windsor 4 2 Lake II Extension Nottingham 46 9 Pleasant View 18 18 Nottingham II 52 0 an AGREEMENTS: ' NOW, THEREFORE, in consideration of the mutual covenants and ' agreements herein contained and for such other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged as consideration, RWD No. 3 and OPWA hereby agree as t follows: ARTICLE 1 DEFINED TERMS ' For the purpose of this Agreement, the following terms have the following meanings: 1.01 Limited Service. Limited Service shall mean normal water service to the South of 96th /129th /145th Service Area excepting fireflow service. 1.02 Limited Service Rate. Limited Service Rate shall mean $2.00 per thousand gallons. This rate is subject to adjustment pursuant to the provisions of Article 2, Section 2.01 of this Agreement. 1.03 Metering Point. Metering Point shall mean the "145th /96th Meter" and the 11133rd /96th Meter ". 1.04 145th /96th Meter. 145th /96th Meter shall mean that water meter presently located at 145th East Avenue and 96th Street North. 1.05 133rd /96th Meter. 133rd /96th Meter shall mean that water meter presently located at Windsor Lake No. 1. numTrr.r 7 LIMITED SERVICE 2.01 This Agreement shall be effective for a period of thirty (30) months from IF 1995, through , 1998. This Agreement may be extended for an additional twelve (12) month period upon RWD No. 3's receipt and approval of OPWA's written request for such extension. Such written request must be received by RWD No. 3 no later than sixty (60) days prior to the expiration of such thirty (30) month term. Should OPWA request such extension, the Limited Service Rate shall be reviewed and adjusted based upon RWD No. 3's costs of providing Limited Service over the original thirty (30) month term. 2.02 RWD No. 3 will supply such volume of water as required to provide the normal service needs within the service area, 2 excepting water required for fireflow, but not to exceed 125,000 gallons per day. 2.03 OPWA will continue to provide fireflow needs within the Service Area. The parties agree and this Agreement is expressly ' conditioned upon the City of Owasso Fire Department instituting a standard operating procedure in the event of fires within the Service Area to assure the closing of valves by the City of Owasso Fire Department to prevent the use of water under the Limited Service Agreement from being used for fireflow purposes. 2.04 OPWA agrees to fully indemnify, defend and hold harmless RWD No. 3, its agents and employees, from any loss, cost, damage, action or claim, including, but not limited to attorney's fees and legal expenses, arising from or occurring in conjunction with the providing or failure to provide water for use in fireflows within the Service Area. ARTICLE 3 SERVICE CURTAILMENT ' 3.01 RWD No. 3 may curtail or suspend delivery under this Agreement under any of the following conditions: ' A. Failure of OPWA to make payment of regular monthly billings when the same shall fall due. B. Failure of OPWA to curtail use of water by ' resolution and enforcement in the same manner and method as required of RWD No. 3 in time of drought or other emergency requiring conservation. C. The other party's breach of any of the terms and conditions of this Contract. 3.02 In no event shall RWD No. 3 be liable to OPWA or to any customer within the Service Area for failure to deliver water or for suspension of service. The right to suspend delivery shall include suspension in whole or in part, limiting hours of delivery, proration with other customers of RWD No. 3, or in any other manner, and the manner and duration thereof shall be at RWD No. 3's o► sole discretion and shall be final and conclusive. ARTICLE 4 ' TERMINATION OF CONTRACT 4.01 Whenever a party breaches any of the terms of this Agreement, the other party may terminate the Agreement by giving thirty (30) days prior written notice of its intention to do so, unless the breach is cured by the offending party before the ' 3 expiration of thirty (30) days from the date of notice. It is ' mutually understood and agreed that this Agreement is violated and a major breach of the Agreement has occurred when OPWA fails to pay ' any bill accruing under this Agreement on or before the 30th day after the due date of such bill. 4.02 Whenever OPWA has failed to pay any bill accruing under this Agreement on or before the 30th day after the due date of such bill, RWD No. 3 may discontinue the sale and delivery of water thereafter upon giving ten (10) days prior written notice of its intention. ARTICLE 5 MAINTENANCE AND OPERATION 5.01 The meters, valves and other connections located at the Metering Point which control the water delivered to the Service Area shall be and remain in the sole possession of RWD No. 3. RWD No. 3 will perform, at its own cost and expense, calibration tests on the measuring equipment in order to maintain insofar as possible, and accuracy tolerance within three percent (3%) of the guarantees of the equipment's manufacturer. OPWA shall have the right to request a special meter test to be made at any time. If any test made at OPWA's request discloses that it is accurate, then OPWA shall bear the cost and expense of such test. RWD No. 3 will notify OPWA at least forty -eight (48) hours in advance of the time such test is to be made, whether at OPWA's request, to permit OPWA to observe such test. All connections and lines located South of 96th Street North will be installed and maintained at OPWA's sole expense, subject to the prior approval of RWD No. 3 during the term of this Agreement. RWD No. 3 will provide, at its own cost, and maintain all necessary piping systems to any Metering Point necessary to provide the normal quality service provided by RWD No. 3 to its customers. 5.02 OPWA shall furnish and maintain all water lines, pipe connections and facilities required to transport water from any Metering Point to the customers. All connections to OPWA lines south of 96th Street North shall be made at OPWA's cost and expense, subject to RWD No. 3's prior approval. OPWA shall at all times maintain its lines and system in a state of repair so as to prevent waste of water through any leakage therefrom. ARTICLE 6 MISCELLANEOUS ' 6.01 The terms and provisions of this Agreement shall extend to and be binding upon the successors and assigns of the parties I hereto. ' 6.02 In the event that any provision of this Agreement shall be determined to be illegal, invalid or otherwise unenforceable, ' the remainder of this Agreement shall not be affected thereby and each remaining provision, term, covenant or condition shall be enforced by the fullest extent of the law. 6.03 This Agreement shall be governed by the laws of the State of Oklahoma. 6.04 This Agreement shall be deemed to have been drafted by both parties and not by one to the exclusion of the other. ' 6.05 Any notice or other communication hereunder shall be in writing, and if mailed by certified or registered mail, postage prepaid, return receipt requested, shall be deemed to have been duly given or made on the date of receipt, or if not mailed in such manner, then as of the date actually delivered to RWD No. 3 or OPWA at the addresses listed below: Notices directed to RWD No. 3 shall be sent to: Rural Water District No. 3, Washington County P. 0. Box 70 Collinsville, Oklahoma 74021 Notices directed to OPWA shall be sent to: Owasso Public Works Authority P.O. Box 180 Owasso, Oklahoma 74055 6.06 This Agreement represents the entire, integrated agreement between RWD No. 3 and OPWA and supersedes all prior negotiations, proposals, representations, commitments, understandings or agreements between the parties, either written or oral, except as set out in (1) this Agreement; (2) the Agreement of the parties dated the day of , 1995; and (3) in the Standard Agreement for Emergency Water Service executed by the parties the day of , 1995, which Agreements are incorporated herein by reference as if specifically set out herein. EXECUTED on the day of ' ATTEST: [SEAL] ■ Secretary , 1995. RURAL WATER DISTRICT NO. 3, WASHINGTON COUNTY By: Name: Its Chairman of the Board "RWD No. 3" ATTEST: [SEAL] Marcia Boutwell, Secretary APPROVED AS TO FORM: Ron Cates Attorney for OPWA 2.sp \rwd \6agr.lim N. OWASSO PUBLIC WORKS AUTHORITY By: Charles L. Burris Chairman "OPWA" L71 MEMORANDUM 1 TO: RODNEY J. RAY ■ CITY MANAGER is FROM: F. ROBERT CARR, JR., P.E. PUBLIC WORKS DIRECTOR SUBJECT: AWARD OF GEOTECIiNICAL CONSULTANT SERVICES CONTRACT - WASTEWATER TREATMENT PLANT IMPROVEMENTS DATE: July 11, 1995 BACKGROUND: On May 16, 1995, the Trustees approved a contract with FHC, Inc. for design services for wastewater treatment plant improvements. In the initial phase of their work, subsurface geotechnical data are needed concerning soil and rock conditions to accurately design the structural improvements. Geotechnical services are not normally provided by the engineering design firm and were not included as part of their approved scope of work. FHC prepared the scope of work for the geotechnical services they require for their design. The scope was used by city staff to solicit price proposals. Staff met with representatives from FHC to discuss the scope prior to soliciting proposals. ' The scope of work defined for the project consists of: 1. Field exploration comprised of six soil borings to depths ranging from 14 to 42 feet below ground surface. 2. Laboratory testing of samples taken from borings. 3. Engineering analysis and report of findings and recommendations. To maintain their project schedule, FHC has stated the geotechnical information needs to be completed no later than August 11, 1995. ' PROPOSALS: On June 19, 1995, staff requested price proposals from a list of qualified firms provided by FHC. Responses were received from four (4) firms as listed below. Price quotes for the work were as follows: ' Law Engineering Services, Tulsa, OK $7,595.00 Standard Testing and Engineering Co., Tulsa, OK $5,385.00 Terracon Consultants, Inc., Tulsa, OK ' Professional Service Industries, Inc., Tulsa, OK $4,300.00 $3,450.00 Page 2 Geotechnical Services Staff met and discussed the submittals with Councilman Ramey on June 30th. The meeting was to review the proposals and allow for Mr. Ramey to provide professional expertise to the review process. Mr. Ramey believes rock coring can be anticipated to be minimal as outlined in the scope of work. Subsurface limestone in the area lies predominately south of Bird Creek. The low quote included in the PSI proposal consists of a base quote of $3,450.00, which includes all scope of work items with the exception of rock coring. Unit price costs should rock coring be required are also provided at a rate of $32 /foot of coring. A differential of $850.00 exists between the PSI and second low quote ($4,300 from Terracon Consultants). Should rock coring be required, approximately 26 feet can be cored at the unit price under the PSI proposal and will still not exceed the low bid of Terracon. Based on staff review, we propose to contract with Professional Service Industries to perform the required geotechnical services. The award will include the base quote and a contingency of $850.00 for rock coring. Rock coring is not anticipated, but can be conducted using the unit price provisions of the contract should a need arise. PSI proposes to complete this work in 30 days following award. This timing will provide FHC the information needed to proceed on their design schedule. FUNDING SOURCE: Funding for this project has been included in the loan from the Oklahoma Water Resources Board. RECONEY ENDATION: Staff recommends Trustees approval of the agreement for Geotechnical Consultant Services for the Wastewater Treatment Plant Improvements with Professional Service Industries, Inc., Tulsa, Oklahoma in an amount not to exceed $4,300.00. ATTACHMENTS: ' L Scope of Work - Geotechnical Services 2. Proposals from: A. Professional Service Industries, Inc. ' B. Terracon Consultants, Inc. C. Standard Testing and Engineering Co. D. Law Engineering Services ' on 1 1 1 1 207 South Cedar PO Box 180 Owasso, OK 74055 June 19, 1995 City of Owasso (918) 272 -2251 FAX (918) 272 -4999 The City of Owasso Owasso Public Works Authority is soliciting price proposals for Geotechnical Consultant Services as defined in the attached scope of work. All interested firms should submit proposals in a sealed envelope no later than 5:00 P.M. on June 27, 1995 to: Marcia Boutwell Contracts Administrator 207 South Cedar P.O.Box 180 Owasso, OK 74055 No proposals will be accepted for consideration after the time period specified. All proposals will be evaluated on its own merit. Any proposal not fully addressing the scope of services will be considered a non - responsive offer and will be eliminated from further consideration. Separate prices for Boring #6 and the Piezometer installation are to be provided. Boring #6 is detailed in Section I, Paragraph D and shown in Attachment B. Piezometer installation is detailed n Section II. The City of Owasso will notify all unsuccessful firms of the contract award after the successful proposal has been accepted by the Owasso City Council. Questions concerning the scope of work may be addressed to F. Robert Carr, Jr., P.E., Owasso Public Works Director at 272 -4959. WASTEWATER TREATMENT PLANT PHASE I IMPROVEMENTS OWASSO PUBLIC WORKS AUTHORITY SCOPE OF GEOTECHNICAL SERVICES The geotechnical consultant, hereinafter called Consultant, shall provide the following services for the Owasso Public Works Authority, hereinafter called the Owner, in accordance with the referenced project. I. Number, Location, and Depth of Borings Six borings shall be made. The exact locations shall be established by the Owner. See Attachment A for general locations of borings 1 through 5, and Attachment B for the general location of boring 6. The borings shall extend to the depth specified below, or 6 feet below the bottom of the proposed footing if rock is encountered, or to refusal, whichever is less. A. Two borings shall be made at the north end of the paved drying beds. The proposed bottom of footing is approximately 4' deep. The borings shall be a minimum of 14' deep. B. One boring shall be made at the proposed return activated sludge pump station. The proposed bottom of footing is approximately 30' deep. The boring shall be a minimum of 40' deep. C. One boring shall be made at each of the two proposed final clarifiers. The proposed bottom of footings is approximately 22' deep. One boring shall be a minimum of 42' deep and the other shall be a minimum of 32' deep. D. One boring shall be made just to the south of the influent lift station and ' the wet well. The boring shall be a minimum of 20' deep. 11. Piezometer Installation ' After completion of boring number 6, a piezometer shall be installed in its place. The piezometer shall be of 2" PVC, and shall be screened from 2' below ground ' to the bottom. The piezometer shall extend to the same depth as the bore and shall be capped at the bottom. A 12" by 12" by 4" thick concrete pad shall be poured around the piezometer at the ground surface. The piezometer shall ' extend 2' above grade, and shall be provided with a removable cap with a lock. Ill. General Requirements I A. Sampling Freauency - Soil samples shall be taken at changes of soil stratum, but not exceeding 5 -foot intervals. ' B. Granular Soil Sampling - For predominantly sandy, granular soils, split barrel sampling shall be conducted in accordance with the current revision of ASTM D -1586. C. Cohesive Soil Sampling - For predominantly cohesive soils, thin walled (Shelby) tube samples shall be taken in accordance with the current revision of ASTM D -1587. D. Rock Samples - Core samples shall be taken of firm rock formations in accordance with the current revision of ASTM D -2113. Samples shall be taken where the scope requires boring through the rock strata and from rock strata where the boring is terminated at refusal. E. Depth to Ground Water - The depth to ground water shall be recorded, if encountered, at each boring location. Ground water shall also be ' measured 24 hours after the bore is complete. ' F. Information Required - The following information should be provided at each boring location: 2 1. Drilling Logs ' 2. Soil and Rock Classification 3. Results of Standard Penetration Test (Cohesionless Soils) 4. Atterberg Limits (Cohesive Soils) ' 5. Sieve Analysis 6. Slope Stability of Trenches G. Survey - The Owner shall be responsible for establishing an elevation datum near each boring to allow the Consultant to establish grades for ' association with the boring data. The Consultant is directed to take care in establishing the elevations of each boring using the datums provided. The transfer of elevation information from the datum to the boring ' reference point shall be performed to an accuracy of plus or minus 0.1 feet. ' H. Report - In addition to the factual information required above, the geotechnical report (4 copies) shall contain the Consultant's evaluation of the geotechnical aspects of the project. The report shall contain the following specific information: 2 I lM VI. 1. A brief discussion of the regional and site geology and topography. 2. Engineering properties and interpretations of the drilling and laboratory data. Recommended design values for the structural design. 3. Constructability considerations including temporary excavation slopes, long -term trench stability (bottom), backfill methods, excavatability, rock and applicable dewatering problems and methods. 4. Any other geologic or geotechnical recommendations considered by the Consultant to be pertinent to the project such as allowable bearing loads for all structures, design lateral earth pressures on all buried or partially buried structures, backfill recommendations, groundwater control recommendations, etc. Schedule The geotechnical services shall be completed and the report submitted within r 30 days from the date of authorization to proceed. Scope of Proposed Improvements Items of work covered under this project include the following: ' A. Influent Lift Station - Improvements limited to modifications to the existing pumps and controls. , B. Oxidation Ditch - Removing the existing intrachannel "Boat" clarifier. Installing a diffused aeration system. Adding a new outlet control ' structure. C. External Clarification System - Adding two new final circular clarifiers , with diameters of 60 feet and approximately 18 feet sidewater depth. D. Return/Waste Sludge Pump Station - Adding a new return /waste sludge ' pump station. E. Disinfection System - Modifying the existing UV disinfection system. ' F. Sludge Dewatering System - Adding two new concrete paved sludge ' drying beds. 3 ' 1 , �..�• �- • ./`/ 1 ✓' ✓� • • � I ✓ a Vr�LllrlVl Ire �. L I I -'rCJJ OJ1 G10CJ 1 V 1 711JG I G`1777 r . CJl �� J Professional Service Industries, Inc. City of Owasso 207 South Cedar P.O. Box 180 Owasso, Oklahoma 74055 ' Attention: Marcia Boutwell, Contracts Ad 0, June 27, 1995 Post -it' Fax Note 7671 °aio pages To i From r� 1 CoiDeptf , Co. y� C Phone x Phone of Fax n Fax x RE: Proposal for Subsurface Exploration Proposed WWTP Phase I Improvements Owasso, Oklahoma PSI Proposal No. 548 -056 Gentlemen: In response to the June 19, 1995 letter of transmittal from the City of Owasso to Professional Service Industries, Inc., PSI is pleased to submit the following proposal for performance of a subsurface exploration at the referenced project. The subsurface exploration will be conducted to provide information needed in the design of cost effective foundations for the WWTP Phase I Improvements in Owasso, Oklahoma. Preparatory to this proposal, we have reviewed the site plan attached to the letter of transmittal, and reviewed the Soil Survey of this location as published by the Soil Conservation ' Service. This proposal includes a summary of our understanding of the project, an outline of our proposed scope of work, an estimate of the total job cost, and our anticipated schedule for completion of the work. PROJECT INFORMATION It is understood that the proposed project will consist of modifications to the existing pumps and controls at the Influent Lift Station, adding two new final clarifiers, adding a return/waste sludge pump station, and adding two concrete paved sludge drying beds. 10840 East Newton Place • Tulsa, OK 74116 • Phone: 918/234 -7344 • Fax: 9181234.7443 R.PFCF1 i 7 iii • 1-11 - __ 1 ✓' ✓J - 1 J1 _ "U-11 OJl =IQXJ lV r.CJG PROPOSED SCOPE OF WORK As instructed by the City of Owasso, six borings, two drilled to a depth of approximately fourteen feet below the existing grade, one drilled to a depth of forty feel below the existing grade, one drilled to a depth of thirty two feet below existing grade, one drilled to a depth of forty two feet below existing grade, and one drilled to a depth of twenty feet below existing grade will be performed. A two inch diameter piezometer will be installed in the twenty foot boring upon completion of drilling. Within the borings, penetration resistance testing will be performed in general accordance with ASTM Designation D -1586 and thin - walled tube samples will be obtained in general accordance with ASTM Designation D -1587. Borings will be approximately located in the field by our drilling personnel by measuring distances with a tape from known reference points. We assume that any underground utilities existing in the exploratory area will be identified to us by others. Elevations at the boring locations will be determined by conventional leveling techniques utilizing the elevation datum near each boring provided by the Owner. Upon completion of the field exploration, laboratory testing will be performed on selected samples to define some of the soil's plasticity, classification, and strength characteristics. The in -situ moisture content will be determined on all of the samples. The results of all drilling and laboratory testing will be evaluated by a geotechnical engineer. A report will be issued which contains the exploration data, a discussion of the site subsurface conditions, recommendations for foundation design and slope stability, a brief discussion of the regional and site geology and topography, and a discussion of some construction considerations. ESTIMATED COST 1t is proposed that the fee for the performance of the above outlined services be determined on a unit price basis, in accordance with the attached Schedule of Services and Fees and that the work be performed pursuant to the PSI General Conditions. Copies of the PSI Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal. On the basis of the estimated quantities and the Schedule of Services and Fees, it is estimated that the total fee for borings l through 5 will be in the range of $3000.00 City of Owasso ♦ PSI Proposal No. Sa -056 • Jurvc 27, 1995 Page 2 1) LA 11 G 1 7J 1.! • J.J F r% f J l Vr\L -Hr m " 1. 1 l t 4U7 0-31 e l bu l u 171 CSG 1 GN 777 r- . 10J to $4100.00 depending upon the amount of rock coring necessary. The estimated fee for boring 6 including piezometer installation will be in the range of $450.00 to $670.00 depending upon the amount of rock coring necessary and assumes this boring is drilled in conjunction with the other borings, i.e. one rig mobilization. These estimated costs assume that the site is readily accessible to our truck- mounted drilling equipment. Any bulldozer or wrecker services required to provide access pathways or mobility assistance to our truck- mounted drill rig are not included in this proposal. Our estimate covers the work needed to present our findings and recommendations in report form. Not included are reviews of foundation drawings, preparation of construction specifications, special conferences, and any other work requested after submittal of our report. SCHEDULE AND AUTHORIZATION PSI will proceed with the work after receipt of a signed copy of this proposal intact. We also request that you complete the appropriate portions of the attached Project Data Sheet so that r PSI can best serve your project. With our present drilling schedule, we can complete the field work and issue the written report within 30 days after receipt of a signed copy of the proposal intact. r� l ICity of Owasso • PSI Proposal No. 548 -856 • Junc 27, 1995 Page 3 c, -.r ��•.�� ' " r-a Vr�Vr�nVr -, , i tiYJJ OJ1 G1CA7 IV 1710C fGti777 r. U44 We at PSI appreciate the opportunity to submit this proposal and look forward to working with you on this project. if you have any questions concerning our proposal, please contact our office. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Jesse Penn Branch Manager James M. Smith, P.E. District Manager c-S Guy R. reese, P.E. Senior Vice President JP /JMS /GRF /cs Attachments: Schedule of Services and Fees Project Data Sheet General Conditions AGREED TO THIS DAY OF BY: TITLE: , 1995 FIRM: I City of 0wsS3;0 • PSI Proposal No. 548 -056 ♦ June 27, 1995 Page 4 1 --_•• - . -- -.. ... ... . - .. --1... -1.. 1VJ - L1CKJ IV 1 V I r- .(;J-? PROFESSIONAL SERVICE INDUSTRIES, INC. SCHEDULE OF SERVICES AND FEES SUBSURFACE EXPLORATION ENGINEERING SERVICES Engineering and technical services for preliminary reconnaissance, boring layout, delayed water levels, backfilling of borings, evaluation, field supervision, analysis, recommendations, reporting and consultation. Principal of Firm .................................... Per Hour $100.00 Senior Engineer /Geologist ............................... per I-Iour $ 80.00 Project Engineer /Ecologist ............. I ................ Per Hour S 65.00 Staff Engineer /Geologist . ............................... Per Hour $ 50.00 Geotechnician .............................. . . . ... . . Per Hour $ 40.00 Clerical and/or Drafting . ............................... Pcr Hour $ 30.00 DRILLING SERVICES Mobilization of truck- mounted drilling equipment, round trip ......... Per Mile $ 2.50 Minimum .......... ............................... 0 -25 Lump Sum $ 200.00 Drilling without Sampling: $ 20.00 per test 50 -75 $ 22.00 per test Depth Range Quoted upon request Unit Charges Feet Soil Augering Rock Au eying Rock Coring 0 -25 $ 6.50 plf $ 10.00 plf $ 30.00 plf 25 -50 $ 7.50 plf $ 12.00 plf $ 32.00 plf 50 -75 $ 9.50 plf $ 14.00 plf $ 35.00 plf 75+ Quoted upon request Standard Penetration Tests or Texas Cone Penetrometer Tests, at required: Depth Range Unit Charges Feet 0 -25 $ 15.00 per test 25 -50 $ 20.00 per test 50 -75 $ 22.00 per test 75+ Quoted upon request Profile drilling with sampling from auger .................... . Soil Sampling with Thin Wall 'rube (Shelby Tube) Sampler (0 -50 feet) .................................. Rock drilling with rullcr cone bit ........... . ............. . Set -up charge for Rock Coring /Drilling ...................... Bulk bag sample ........... . ....................... . Set -up time per hole in excess of 1/2 hour, stand -by time, or water hauling time . . .......................... . Hand auger drilling and sampling .......................... Soil drilling rig & 2 -man crew (0 -75' Borings) ................. . Overtime . . . ........ . Cost of special equipment or permits for moving drilling equipment about the site ............. . Per Foot - $ 8.00 Each $ 25,00 Per Foot $ 15.00 Each $ 50.00 Each $ 50.00 Per Hour S 90.00 Per Hour $ 55.00 Per Hour $110.00 Per Hour $ 155.00 At cost plus 15 % ' C/rY Of OWSSSO ♦ PSI Proposal No. 648 -056 • Juno 27, 1995 Page 5 LABORATORY TESTING SERVICES Moisture Content Test .. ............................... Hand Penetrometer Test Per Test $ 4,00 . ...................... . . . . . . ... Density Determination Per Test $ 3,00 . ........................ ........ Atterberg Limits Determination Per Test $ 15.00 ........................... Percent Passing #200 Sieve Per Test $ 45.00 ............................ Grain Size Analysis - Mechanical Per Test S 25.00 .......................... Hydrometer Analysis Per Test S 45.00 .............................. . . .. Per Test $ 75.00 Unconfined Compression - Soil ........................... Per Test $ 30.00 Unconfined Compression - Rock ........................... Per Test $ 55.00 Moisture Density Relationship ASTM D -698 (Standard) . .................... . . ....... Per -rest $ 90.00 ASTM D -1557 (Modified) ............................. per Test $ 105.00 California Bearing Ratio .......... . . . . .................. Per Test $ 175.00 Organic Content ........... . .................... . . ... Per Test $ 35.00 Specific Gravity ..... . . ..................... . . ....... Per Test S 65.00 Consolidation ...................................... Per Test $ 300.00 Triaxial Shear (without Pore Pressure) Unconsolidated Undrained (ASTM D2850) ................... Per Test $ 75.00 Consolidated Undrained (ASTM D2850) ..................... Per Test $ 275.00 Consolidated Drained (ASTM D2850) ...................... Per Test $ 325.00 Triaxial Shear (with Pore Pressure, add to each test) .............. Per Test $ 50.00 Direct Shear Test (ASTM D3080) ..... . ....... . .. . . . . . . .. . . Per Test $ 180.00 Permeability Testing Falling Head using Pcnncamctcr .......................... Per Test $ 150.00 Constant Head using Permeameter ..................... I ... Per Test $ 175.00 Triaxial Cell Method ........... . ..................... Per Test $ 300.00 Percent Swell Test .... ............................... Per Test $ 125.00 Swell Pressure Test ........................ . . ......... Per Test $ 125.00 Sample Preparation ..................... . ............. Per Hour $ 40.00 REMARKS Services and fees not listed above will be quoted upon request. Fees for major projects will be quoted on a project basis according to scope of services required. The fees apply only to geotec:hnicallfoundation borings in areas which are not contaminated by hazardous constituents. Fees for hazardous drilling conditions will be in accordance with the Environmental Drilling Schedule of Fees and Services ( provided upon request). Testing on contaminated samples will be performed at stated fee plus the cost of protective clothing and a 25% minimum additional charge for special handling. Contaminated soil samples will be retumcd to the client upon completion of testing at shipping cost + 15 %, including any necessary permit costs. A transportation charge of $0.38 per mile and per diem charge of $65.00 per man, per day will be added, if applicable. Additional copies of the report will be billed at the rate of $0,25 per sheet. Copies or our reports can be provided via facsimile machine for an additional charge of $10.00 plus $0.35 per page. Ovemight mail service will be provided at cost + 15 %. Ory of Owasso • PSI Proposal No. 548 -056 • . UnC 27, 1995 Pa9* 5 Professional Service Industries, Inc. Project Data Sheet Subsurface Exploration 1. Project Name 2. Project Location: 3. Your Job No.: Purchase Order No.: 4. Project Manager: Telephone No.: 5. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: 6. Invoicing Address- Attn: 7. Type of Structure: Number of Floors: 8. Special Equipment or Installation: 9. Interior Column Spacing: Exterior Column Spacing: 10. Exterior Column Load: Live: Dead: 11. Interior Column Load: Live: Dead: 12. Floor Slab Load: Slab on Grade: Basement/Depth 13. Will elevation of site be raised by fllling, How Much: 14. Septic Tank: Storm Water Drainage: 15. Pavement Type: Traffic Load: Traffic Type: 16. Other pertinent information: 17. Is there any previous subsurface information available: i- PSI B- 900 -12 (2) GOY Of OwassO • PSI PrOP03al NO. 54a 056 • June 27, 199b Page 7 GENERAL CONDITIONS 1. PARTIES AND SCOPE OF WORK: Professional Service Industries Inc. (hereinafter referred to as "PSI ") shall include said company or its particular division, subsidiary or affiliate performing the work. `Work" means the specific geotechnical, analytical, testing or other service to be performed by PSI as set forth in PSI's proposal, the client's acceptance thereof If accepted by PSI and these General Conditions. "Client" refers to the person or business entity ordering the work to be done by PSi. tithe client is ordering me work on behalf of another, the client represents and warrants that the client is the duty authorized agent of said parry for the purpose of ordering and directing said work. Unless otherwise stated in writing the client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for the client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom the client transmits any part of PSI's work. PSI shah have no duty or obligation to any third party greater than that set forth in PSi's proposal, chenn acceptance thereof and these General Conditions. The ordering of work from PSI Shall constitute acceptance of The terms of PSI's proposal and these General Conditions. 2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by PSI or others to be timely and properly performed in accordance with the plans, specifications and contract documents and PSI's recommendations. No claims for loss, damage or Injury shall be brought against PSI by client or any third party unless all tests and inspection$ have been so performed and unless PSI's recommendations have been followed. Client agrees tin indemnity, defend and hold PSI, its officers, employees and agents harmless from any and an claims, suits, losses, corn and expenses, including, but not limited 10, count costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or PSI's recommendations are not so followed except to the extent that such failure is the result of the negligence, wiitful or wanton act or omission of PSI, its officers, agents or employees, subject to the limitation contained in paragraph 9. PSI may, in the course of a roof investigation, perform root cuts ("cuts ") as part of the Investigation. ciiem agrees to provide a roof contractor of clienrs choice to make such cuts, to remove samples as directed by PSI personnel, and to promptly make necessary repairs. In the event that a roof contractor is not so provided by client, client agrees that PSI may make and remove such cuts as PSI deems necessary in the course of the Investlgadon. Roof cut areas wig be temporarily patched by PSI personnel. Client agrees to pay for the costs of materials and labor needed for any and all temporary patches and will hold PSI harmless for any and an damages to the roof ;y;tems and the build- ing and its contents which may arise from removal and repairing of roof cuts. 3. SCHEDULING OF WORK: The services set forth in PSrs proposal and diems acceptance will be accomplished in a timely, workmanlike and professional manner by PSi personnel at the prices quoted. if PSI is required to delay commencement of the work or d. upon embarking upon its work, PSI Is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by the client, to fulfill the requirements of third parties, interruptions in the progress of con- struction, or other causes beyond the direct reasonable control of PSI, additional charges will be applicable and payable by client 4. ACCESS TO SiTE: Client will arrange and provide such access to the site as is necessary for PSI to perform the work. PSI shall take reasonable measures and precau- tions to minimize damage to the site and any Improvements 10=0 thereon as the result of its work or the use of its equipment: however. PSI has not included in its fag the cost of restoration of damage which may occur. If client desires or requires PSI to restore the site to Its former condition, upon written reQuest PSI will perform such additional work as is necessary to do so and client agrees to pay to PSI the cost thereof. 5. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that he has advised PSI of any known or suspected hazardous materials, utility lines and pollu- tarits at any site at which PSI Is to do work hereunder, and unless PSI has assumed in writing the responsibility of locating subsurface objects, structures, lines or Con- duits, client agrees to defend, indemnity and save PSI harmless from all claims, suits, losses, costs and expenses, including reasonable attorney's fees as a result of per- sonal Injury, death or property damage occurring with respect to PSI's performance of its work and resulting to or caused by contact with subsurface or latent objects, Structures, lines Or Conduits where the actual or potential presence and location thereof was not revealed to PSI by Client, 6. RESPONSIBILITY: PSI's work shag not include determining, supervising or Implementing the means, methods, techniques, sequences or procedures of construction- PSI shall not be responsible for evacuating, reporting or affecting job conditions concerning health, safety or welfare. PSI's work Or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. PSI has no right or duty to stop the con- tractor's work. 7. SAMPLE DISPOSAL: Unless otherwise agreed, test specimens or samples will be disposed Immediately upon completion of the test. All drilling samples or specimens will be disposed sixty (60) days after submission of PSrs report. Ill. PAYMENT. Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay Interest on ail amounts invoiced and not paid or objected to for valid cause in writing within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law), until paid. Client agrees to pay Psi's Cost of collection of an amounts due and unpaid after sixty (60) days, including court corn and reasonable attorney's fees. PSI shall not be bound by any provision or agreement mouinno or providing for arbitration of disputes or controversies arising out of this agreement, any provision wherein PSI waives any rights to a mechanics' lien. Or any provision conditioning PSI's right to receive payment for its work upon payment to client by any third party. These General Conditions are notice. where required, that PSI shall file a lien whenever nec- essary to collect past due amounts. Failure to make payment within 30 days of invoice snail constitute a release Of PSI from any and an Claims which client may have, either in tort or contract and whether known or unknown at the time, 9. WARRANTY: PSIS SERVICES WILL BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH THIS AGREEMENT AND WITH GENER- ALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING iTS PROFESSIONAL SERVICES. PSi WILL USE THAT DEGREE Of CARE AND SKILL ORDINARiLY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED. STATEMENTS MADE IN PSI REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS Of FACT SHOULD PSI OR ANY OF iTS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT., ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSIS WORK AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PSI, ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO $25,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO PSI FOR iTS WORK PERFORMCD WITH RESPECT TO THE PROJECT. WHICHEVER AMOUNT IS GREATER IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSISS LIABILITY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH, CLIENT MAY, UPON WRITTEN REQUEST OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF, INCREASE THE LIMIT OF PSISS LIABILITY TO $250,000.00 OR THE AMOUNT OF PSI'$ FEE, WHICHEVER IS THE GREATER, BY AGREEING TO PAY PSI A SUM EQUIVALEiYT TO AN ADDITIONAL AMOUNT OF 5% OF THE TOTAL FEE TO BE CHARGED FOR PSISS SERVICES_ THIS CHARGE IS NOT TO BE CONSTRUED AS BEiNG A CHARGE FOR INSURANCE OF ANY TYPE, BUT IS INCREASED CMSIOERATION FOR THE GREATER LIA- BILfTY INVOLVED. 10. INDEMNITY: Subject to the foregoing limitations. PSI agrees to indemnity and hold client harmless from and against any and all claims, suits, costs and expenses including reasonable attorney's fees and court costs arising out of PSI's negligence to the extent of PSI's negligence. Client shall provide the same protection to the extent of its negligence. In the event that client or client's principal shall bring any suit, cause of action, claim or counterclaim against PSI, the party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate, answer and defend it, including reasonable attorney's and witness fees and court costs to the extent that PSI shall prevail in such suit 11. TERMINATION: This Agreement may be terminated by either party upon seven day's prior written notice. In the event of termination, PSI shaft W Compensated by client for all services performed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place PSI's files in order and/or protect its professional reputation. 12. WITNESS FEES: PSI's employees shall not be retained as expert witnesses except by separate, written agreement Client agrees to pay PSI's legal expenses, adminis- trative costs and fees pursuant to PSI's then current in schedule for PSI to respond to any subpoena. 13. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring PSI to assume the status of an owner, operator, gen- erator, starer, transporter, treater or disposal facility as those terms appear wlthln RCRA or within any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal Of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation governing the handling, treatment storage and disposal of pollutants. 14. PROVISIONS SEVERABLE: In the event arty of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining Provisions shall be enforceable. 15. ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agreement may be amended, modified or terminated only In writing, signed by each of the parties hereto. PSi 8-900 -11 (6) Go 4r OWWrW O PSI Prop" No MUM O June 27, 1995 10!94 10 PW a ** TOTAL PAGE.08 ** I VD/10/too 1J:00 MA Uld LOu 40lu June 28, 1995 ' Ci ty of Owasso ' 207 South Cedar P.O. Box 180 Owasso, Oklahoma 74055 Attention: Ms. Marcia Boutwell 1'ERMCUN CUNSUL• 10001/006 I rerracon CONSULTANTS, INC. 5865 5 Garnett Road Tultsa.Oklahtxna 74146847 (918) 2540461 Fox (918) 250 -4510 Gerald W. Ftnn, PE. Davld L Belongla. PE. John C. Clack, PE. Bradley M. Watts, P.E. Dennis A. Johnson Re: Proposal Subsurface Exploration Proposed Wastewater Treatment System Improvements Owasso, Oklahoma Dear Ms. Boutwell: We are pleased to submit our proposal for the subsurface exploration and geotechnical engineering services for the proposed Wastewater Treatment System Improvements in Owasso, Oklahoma. PROJECT DESCRIPTION We understand the project will consist of constructing a sludge dewatering system, disinfection system, return waste sludge pump station, external clarification system, oxidation ditch, and an influent lift station. We anticipate isolated column and continuous wall loads will be less than 50 kips and 3 kips per lineal foot, respectively. Floor loads are expected to-be light. Cut and fill depths are unknown but are expected to be minor. SCOPE OF SERVICES The purpose of the subsurface exploration is to obtain data to provide recommendations for ' foundation design and support of floor stabs and pavements as related to the subsurface conditions. General recommendations for earthwork procedures will also be presented. otfkee of The TeRacon Compenes, Inc. Gootechnlcal, Envlron"w"al and Meets Engtneera Art2ona ■ Arkansas ■ Colorado IN Idaho ■ IaLMS ■ Iowa ■ Kansas r Mlntlesots Mlsaoud ■ Montana ■ Netxaska ■ Nevada IN Oklahoma N Texas ■ Utan ■ Wmnitl9 QUALITY ENGINEERING SINCE 1995 1 t]Ct`CI\ /C11 1 I t 1: ^. O Inn?- VU/ cv.c., ij:oo raA ato cov voru 1EKKAWN WiMiUL• 1.0002/006 City of Owasso Terracon June 28, 1995 Five borings extending to a depth of approximately 14 to 42 feet and 1 boring extending to a depth of approximately 20 feet with a 2 -inch piezometer installed will be drilled for the Project. Sampling will be performed in accordance with our standard procedures; wherein, thin - walled tube samples (ASTM D -1587) are obtained in cohesive soils and split- barrel samples (ASTM D -1586) are obtained in granular soils, miscellaneous fills, weathered bedrock, or other hard materials. Three to four samples are obtained in the upper 10 feet of the borings and one sample will then be obtained every 5 feet until boring termination. The borings will be drilled to the above depths or auger refusal, whichever occurs first. If auger refusal is encountered prior to reaching the specified depth, the rock will be cored a minimum of 5 feet to verify that a massive rock formation has been encountered. The cost outlined below includes 30 feet of rock core. As required by the State of Oklahoma, all borings must be grouted or plugged in accordance with Oklahoma State statutes. One well (boring) log must also be submitted to the Oklahoma Water Resources Board for each 10 acres of project site area. Terracon will grout or plug the borings and submit logs as required by the Oklahoma Water Resources Board. Laboratory testing will be performed in accordance with our standard procedures; wherein, moisture content and unit dry weight, are performed on representative portions of thin - walled tube samples. Where applicable, water content, and /or hand penetrometer tests are performed on split - barrel samples. Atterberg limits and sieve analysis tests will be performed on representative subgrade materials. After completing the field exploration and testing, a report will be prepared by a Registered Professional Engineer. The report will include recommendations for design of foundations and support of floor slabs and pavements relative to the subsurface conditions encountered. General recommendations regarding earthwork procedures will also be presented. FF-ES Based on the above described scope of services, we propose a lump sum cost of $3,800.00 for borings B -1 through B -5 and a cost of $500.00 for B -6 with the piezometer. This cost is based on performing only the scope of work described above. Should site and /or subsurface conditions be encountered which require major revisions in the subsurface exploration program and /or result in significantly higher costs, we will contact you prior to initiating this work. 2 vvi &vi Qa 1J. 40 rnn vio cov yo r v 1htQ(A(;U1N culvauL. 10003/006 City of Owasso June 28, 1995 Unless otherwise instructed, invoices will be submitted to: City of Owasso 207 South Cedar P.O. Box 180 Owasso, Oklahoma 74055 Attention: Ms. Marcia Boutwell CONDITIONS Terracon Items to be provided by the client include the right -of -entry to conduct the exploration and an awareness and/or location of any subsurface utilities existing in the area. Also, if there are any other restrictions or special requirements regarding the site or exploration, these should be known prior to commencing field work. We have enclosed our Terms and Conditions for your review and these are to be considered a part of our proposal. The above fee estimate is based on our providing layout of the borings and all boring locations being readily accessible to normal truck mounted equipment. Distances from available reference features are generally measured using a tape and angles are estimated. Elevations are also approximate and are generally obtained using an engineer's level. The locations and elevations of the borings should be considered accurate only to the degree implied by these methods. PERFORMANCE SCHEDULE We anticipate starting the field exploration within 3 days of written notice to proceed. We can Proceed with verbal approval; however, written authorization should still follow. Our completed engineering report will be submitted within approximately 15 days from notice to proceed. 3 vvr ivi oar 1J. JC rAA vio Lav 4a 1 V City of Owaisso June 28, 1996 1r,1U1Ak.V1N %.V11al11. WJUU4 /UUU , TerraCo n Thank you for the opportunity to submit this proposal. Please return one signed copy of this proposal as our written authorization to proceed. It you have any questions, or if we can be of further service, please do not hesitate to contact us. Sincerely, TERRACON CONSULTANTS, INC. David L. Belongia, P.E. Principal Engineer DLB:PS Enclosure NOTICE TO PROCEED The above proposal and attached Terms and Conditions are understood and accepted. (Signature) DATE. 4 FOR: (Company) 1 i wi "1)i o1) 11):00 rAA 1010 4au 40 t v irJKAA%,Viv le.] 005 /006 TERMS AND CONDITIONS TERRACON SECTION 1: SCOPE OF WORK: TERRACON shall perform the services defined in the contract and shall invoice the client for those servlCea at the fee schedule rates. Any cost estimates stated in this contract shall not be considered as a firm figure unless other. wise specifically stated In this contract. If unexpected site conditions are discovered, the scope of work may change even as the work is in progress. TERRACON will provide these additional services at the Contract fee schedule rate. Rates for work beyond the scope of this contract and not covered by the contract fee schedule can be provided. TERRACON Can perform additional work with prior dulhortzalion, and will provide Confirmation of fees. All costs incurred because of delays In authorizing the additional work will be billed to the client. Fee schedules are valid for one year following the date of the contract unless otherwise noted. Initiation of services by TERRACON pursuant to this proposal will Incorporate these terms and Conditions. SECTION 2: ACCESS TO SITES, PERMITS AND APPROVALS: Unless otherwise agreed, the client will furnish TERRACON with right - of- access to the site in order to Conduct the planned exploration. While TERRACON will take all reasonable precautions 10 minimize any damage to the property, it is understood by the Client that in the normal course of work some damage may occur, the restoration of which Is not part Of this agreement. Unless otherwise agreed, the client will secure all necessary approvals, permits, licenses and consents necessary to the perform- ance of the services hereunder. SECTION 3: SOIL BORING AND TEST LOCATIONS: The accuracy and proximity of provided survey control will affect the accuracy of In -situ lest location and elevation determinations. Unless otherwise noted, the accuracy of test locations and elevations will be commensurate Only with pacing and approximate measurements or estimates. If greater accuracy IS required, the services of a pro• fessi0nal surveyor should be obtained - The Client will furnish TERRACON with a diagram indicating the location of the sits. Boring and test locations may also be indicated on the diagram. TERRACON reserves the right to deviate a reasonable distance from the boring and test locations unless this right Is specifically revoked by the client in writing at the time the diagram Is supplied. TERRACON reserves the right to terminate this Contract if conditions preventing drilling at the specified locations are encountered which were not made known to TERRACON prior to the date of this contract. SECTION 4: UTILITIES: In the performance of Its work, TERRACON will take all reasonable precautions to avoid damage or injury to subterranean structures or utilities. The client agrees to hold TERRACON harmless and Indemnify TERRACON for any claims, payments or other liability, including costs and attorney fees, incurred by TERRACON for any damages to subterranean structures or utilities which are not called to TERRACON'S attention and correctly shown on the plans furnished to TERRACON. SECTION 5: UNANTICIPATED HAZARDOUS MATERIALS: It shall be the duty of the owner, the client, or their representative to ad- vise TERRACON of any known Or suspected hazardous substances which are or may be related to the services provided; such hazard• ous substances include but are not limited to products, materials, by- products, wastes or samples of the foregoing which TERRACON may be provided Or obtain performing its services or which hazardous Substances exist or may exist on or near any premises upon which work Is to be performed by TERRACON employees, agents or subcontractors. If TERRACON Observes Or Suspects the existence of unanticipated hazardous materials during the course of providing services, TERRACON may at its option terminate further work on the project and notify client of the condition. Services will be resumed Only after a renegotiation of scope of services and fees. In the event that such renegotiation cannot occur to the satisfaction of TERRACON, TERRACON may at its option terminate this Contract. SECTION 6: DISPOSAL OF HAZARDOUS MATERIALS AND CONTAMINATED EQUIPMENT: TERRACON does not create, generate or at any time own or take possession or ownership of or arrange for transport, disposal or treatment of hazardous materials as a result of its exploration services. All hazardous materials, Including but not limited to samples, drilling fluids, decontamination fluids, development fluids, soil cuttings and tailings, and used disposable protective gear and equipment, are the property of the client, and responsibility for proper transportation and disposal is the client's unless prior contractual arrangements are made. All laboratory and field equipment that cannot readily and adequately be cleansed of Its hazardous contaminants shall become the property and responsibility of the client. The client shall purchase all such equipment and it shall be turned over to the client for proper disposal unless prior altemate contractual arrangements are made. SECTION 7: REPORTS AND INVOICES: TERRACON will furnish two copies of the report to the client. Additional copies will be furnished at the rate specified in the fee schedule. TERRACON will submit Invoices to the Client monthly and a final bill upon com- pletion of services. Payment Is due upon presentation of Invoice and is past due thirty (30) days from the Invoice data Client agrees to pay a finance charge of one and one-half percent 0%%) per month, but not exceeding the maximum rate allowed by law, on past due accounts. Client also agrees to pay all costs and expenses, including reasonable attorney fees incurred by TERRACON relating to collection procedures on overdue accounts. Failure of client to abide by the provisions of this section will be considered grounds for termination of this agreement by TERRACON. SECTION 8: OWNERSHIP OF DOCUMENTS: All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by TERRACON as Instruments of service, shall remain the property of TERRACON unless there are other contractual agreements. SECTION 9: CONFIDENTIALITY. TERRACON shall hold confidential all business or technical Information obtained from the client or his affiliates Or generated in the performance of services under this agreement and Identified in writing by the client as "confiden- tial" TERRACON shall not disclose such information without the client's consent except to the extent required for 1) Performance of services under this agreement; 2) Compliance with professional or ethical standards of conduct for preservation of public safety, health, and welfare; 3) Compliance with any court order or other governmental directive and/or; 4) Protection of TERRACON against claims or liabilities arising from performance of services under this agreement. TERRACON'S Obligation hereunder shall not apply to information in the public domaln or lawfully acquired on a non - confidential basis from others. SECTION 10: STANDARD OF CARE Services performed by TERRACON under this Agreement will be conducted In a manner con - Slstent with that level of care and skill ordinarily exercised by members of the profession Currently practicing under similar condi- tions in the same locale. No other warranty, express or implied, is made or intended by the proposal for consulting services or by furnishing Oral or written reports of the findings made. The client recognizes that subsurface conditions may vary from those en. Countered at the location where borings, surveys, tests or explorations are made by TERRACON and that the data, interpretations and recommendations of TERRACON are based solely upon the data available to TERRACON. TERRACON will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretations by others of the information developed. VVI V1 VV iw:w rttA aio zou aoru TERRACON CONSUL. 16006/006 SECTION 11: SAFETY: TERRACON has adopted safety policy procedures for its personnel when providing services at known or suspected hazardous waste sites. TERRACON personnel will adhere to these procedures as site Conditions require. A copy of the "Safety Policy Procedures for Environmental /HazardoUS Waste Projects" IS on file with the corporate safety officer and is available for review. Terracon Is not responsible or liable for Injuries or damage incurred by third parties who are not employees of Terracon. it is understood that Terracon will not be responsible for Job or site safety of the project. Job and site safety will be the sole re sibility of the Contractor unless contracted to others. spon- SECTION 12: SUBPOENAS: The client is responsible, after notification, for payment Of time charges and expenses resulting from the required response by TERRACON to subpoenas Issued by any party other than TERRACON in conjunction with work performed under this contract. Charges are based on fee schedules In effect at the time the subpoena Is served. SECTION 13: LIMITATION OF LIABILITY: The Client agrees to limit TERRACON'S liability to the owner and all construction contrac- tors and subcontractors on the project arising from TERRACON'S professional acts, errors, or omissions or breach of contract Or other cause of action, such that the total aggregate liability of TERRACON to all those named shall not exceed $60,000 orTERRACON S total fee for the services rendered on this project, whichever Is greater, and client hereby releases TERRACON from any liability above such amount. The client further agrees to require of the contractor and his subcontractors an Identical limitation of TERRACON'S liability for damages suffered by the contractor or the subcontractor arising from TERRACON'S performance of services. Neither the contractor nor any of his subcontractors assumes any liability for damages to others which may arise on account of TER . Neither professional acts, errors or omissions. SECTION 14: INSURANCE: TERRACON carries worker's compensation and employer's liability Insurance and has coverage under public liability and property damage Insurance policies. Certificates for all such policies of insurance will be provided to client upon request. Within the limits and conditions of such Insurance, TERRACON agrees to indemnify and save client harmless from and against any loss, damage, injury or llablllty arising from any negligent acts of TERRACON, Its employees, agents, subcontractors and their employees and agents. TERRACON shall not be responsible for any loss, damage or liability beyond the amounts, actors and conditions of such Insurance. TERRACON shall not be responsible for any loss, damage or liability arising from any acts is a client, its agents. Staff, consultants employed by others, or other third parties who are not employees r Tng from n SECTION 1S: INDEMNITY: The client acknowledges that TERRACON has neither created nor contributed to the creation or existence of any hazardous. radioactive, toxic, Irritant, pollutant, or otherwise dangerous substances or conditions at the site. Accordingly, ex. eept as expressly provided In this contract, the Client waives any claim against TERRACON and agrees to Indemnify and save TER - RACON, 116 agents, and employees harmless from any claim, liability or defense cost, including but not limited to attorney fees and other incidental costs, for Injury or loss sustained by any party from Such exposures allegedly arising out of or related to TERRACON'S performance of services hereunder. Client and TERRACON agree that they will not be liable to each other, under any circumstances, for special, consequential or punitive damages arising out of or related to this Contract. SECTION 16: TESTING AND OBSERVATION SERVICES: If TERRACON is retained by Client to provide a site representative for the Purpose of testing or observing specific portions of the work or other field activities as set forth in the proposal, then this section applies. For the specified assignment, TERRACON will report test results, Observations and professional opinions to Client. The presence of TERRACON field representatives will be for the purpose of providing field testing and observation. Our work does not include supervision or direction of the actual work of the Contractor, his employees or agents. The Contractor for this project should be so advised. The Contractor should also be informed that neither the presence of our field representative nor the testing and observation by our firm shall excuse him In any way for defects discovered in his work. The term, "observation", implies that we would observe the progress of the work we have agreed to be Involved with and perform tests from which to develop an opinion as to whether the work essentially complies with the job requirements. With any manufactured product there are statistical variations in Its uniformity and the accuracy of tests used to measure its qualities. As Compared with other manufactured products, field construction usually has wider fluctuations in both product and test results. Thus, even with very careful testing and observation, It cannot be said that all parts of the product comply with the job requirement. Our proposal Is for the scope of services requested by our Client. The degree of certainty for compliance with project specifications is much greater with full time observation than It Is with Intermittent observation. SECTION 17: SAMPLES: TERRACON will retain all soil and rock samples that are transported to TERRACON laboratories for 60 days after submission of the report. Further storage or transfer of samples can be made at client expense upon written request. SECTION 18: SEVERABILITY: If arty of the provisions contained in Ih16 Agreement are held Illegal, invalid, or_ unenforceable, the enforceability of the remaining provisions will not be Impaired. SECTION 18: TERMINATION: This Agreement may be terminated by either party upon seven (7) days written notice In the event Of substantial failure by the other party to perform In accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified In the written notice. In the event of termination, TERRACON shall be paid for services performed to the termination notice date plus reasonable termination expensea. Expenses of termination or suspeneion shall include all direct costs of TERRACON required 10 complete analyses and records necessary to complete its files and may also Include a report on the services performed to the date of notice of termination or suspension. SECTION 20: ASSIGNS: Neither the client nor TERRACON may delegate, assign, subwnte or transfer Its duties or Interest In this agreement without the written consent of the other party. SECTION 21: PRECEDENCE These Terms and Conditions shall take precedence over any Inconsistent Or contradictory provisions contained In any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding TERRACON'S services CJI J t SrANIMD *AAND ENGINEERING COMPANY June 26, 1995 City of Owasso Public Works Authority 207 South Cedar PO Box 180 Owasso, Oklahoma 74055 TULSA OFFICE 5806 S. 129th EAST AVE TULSA, OK 74134 (918) 459 -2700 Area Offices 3400 N. LINCOLN OKLA. CITY, OK 73105 (405) 528 -0541 9200 KING ARTHUR DRIVE DALLAS, TX 75247 (214) 631 -4372 902 TRAILS WEST LOOP ENID, OK 73703 (405) 237 -3130 900 S.E. SECOND LAWTON, OK 73501 (405) 353 -0872 Attention: Ms. Marcia Boutwell, Contracts Administrator SUBJECT: PROPOSAL FOR SUBSURFACE EXPLORATION Wastewater Treatment Plant Phase I Improvements Owasso, Oklahoma Proposal No. 2195 -P -0233 REFERENCE: REQUEST FOR PROPOSAL FOR GEOTECIINICAL SERVICES Wastewater Treatment Plant Phase I Improvements Owasso, Oklahoma June 19, 1995 Ms. Boutwell: iStandard Testing and Engineering Company is pleased to submit this proposal for providing geotechnical drilling, testing, and engineering services for the referenced project. PROJECT INFORMATION We understand that a geotechnical exploration is required for the planned improvements to the existing wastewater treatment system in Owasso, Oklahoma. In addition, we to understand that Standard Testing and Engineering Company has been selected, based on qualifications, as one of several geotechnical engineering firms to submit a price A proposal. Boring locations, sampling frequency, types of samples, piezometer construction, and boring depths are specified in the referenced Request for Proposal (RFP). STANDARD 0:1ESTINCY« The purposes of this proposed subsurface exploration work are to develop the requested information regarding the geotechnical aspects of this project and to install the specified piezometer. To accomplish these purposes, the following scope of work is proposed. SCOPE OF WORK To provide the necessary information, the following three phase program is proposed: I. Field Exploration II. Laboratory Testing III. Engineering analysis and Report Field Exploration. We propose to drill and sample a total of five borings ranging in depth form 14 to 42 feet below the existing ground surface. The soils will be sampled appropriately using either thin - walled tube samplers or driven split spoon samplers. If encountered, rock samples will be obtain using a NX size core barrel. In addition, we propose to drill and install a 2" PVC piezometer at boring location #6 as specified in the RFP. Further, a sand pack will be placed around the pipe to within one foot of the ground surface. A bentonite seal will be placed over the sand pack and below the specified concrete cover pad. Laboratory Testier. It is difficult to determine in advance the types and numbers of tests required to adequately evaluate the soils at the site. However, we anticipate that the overburden soils at this site will predominantly consist of fine grain type soils. Selected soil samples will be tested for strength in addition to the routine moisture content and classification tests. Engineering Analysis and Report. The field and laboratory data will be evaluated to determine the geotechnical aspects of the site soils. These criteria will be presented in a written report. Wastewater Treatment Plant Phase I 2 June 26, 1995 City of Owasso Proposal No. 2194 -P -0186 � sraNa�a r— �TE�T11�1�aY« COST OF SERVICES The cost of our services for the proposed scope of work is priced as the following lump sum fees: I. Field exploration, laboratory testing, and engineering report for borings #1 through #5 (148 LF soil drilling) LUMP SUM FEE $4590.00 II. Field drilling and installation of 2" PVC piezometer at boring location #6 (20 LF soil drilling) LUMP SUM FEE $ 795.00 TOTAL OF ITEMS I. and H. $5385.00 PROJECT ACCESSIBILITY AND UTILITY LOCATION These lump sum fees presumes the site is accessible to our truck mounted drilling equipment. If boring locations are not accessible to our truck mount drilling equipment, we will notify your office with a recommended course of action and for your written consent. It is understood that the owner will locate any and all underground utilities in the planned drilling areas prior to commencement of our work. TIME OF STUDY AND AUTHORIZATION We can begin and complete the proposed study within the required 30 days after receipt of your written authorization to proceed. The field work will require 1 to 2 days to complete. Laboratory testing will require approximately 14 days. The written report can then be prepared and delivered to you within approximately 7 days. We anticipate the total length of time for the work will be approximately 4 weeks Wastewater Treatment Plant Phase 1 3 June 26, 1995 City of Owasso Proposal No. 2194 -P -0186 . ■ ■Mv ■ ■ ■ �■ AMD KNOINERMINO COINUM r To authorize us to proceed with the proposed study, please review the information provided on the enclosed Agreement for Services sheet and return an executed copy to us. Any exceptions to this proposal or special requirements not addressed in the proposal should be listed on the Agreement for Services sheet. We appreciate your consideration of Standard Testing and Engineering Company to perform this supplemental study for you. Should you have questions regarding this proposal, please call us at (918) 459 -2700. Kindest regards, STANDARD TESTING AND ENGINEERING COMPANY Ronald L. Brasel, P.E Project Engineer RLB /jej Wastewater Treatment Plant Phase I City of Owasso M June 26, 1995 Proposal No. 2194 -P -0186 no STANDARD TESTING AND ENGINEERING COMPANY AGREEMENT FOR SERVICES PROJECT CLIENT Wastewater Plant PROJECT LOCATION CLIENT PROJECT NO (site) Owasso Oklahoma STE PROJECT NO OWNER (IF DIFFERENT FROM CLIENn DATE OWNER PROJECT NO June 26 1995 This contract is by and between: mail invoices to: City of Owasso Public Works Authority 207 South Cedar P.O. Box 180 - Owasso, OR 74055 Address Project Correspondence to Client Representative: (hereinafter referred to as Client) and Ms. Marcia Boutwell, Contracts Standard Testing and Engineering Co Administrator 3400 Lincoln Blvd Oklahoma City, Ok 73105 -5408 Authorized STE Project Representative: (hereinafter referred to as STE) TIN: 73- 0582728 Ronald L. Brasel, P.E. WHEREAS, CLIENT hereby engages STE to provide to provide the services set forth in PART I, at the Project described herein ( "The Project "), WHEREAS, CLIENT agrees to pay STE charges invoiced by STE for services rendered on the Project in accordance with Part II and to be bound by the standard terms and conditions contained herein. NOW, THEREFORE, the parties agree as noted herein: Part I -Scope of Work (attach "Exhibit I" if more space is required) Refer to Proposal No. 2195 —P -0233, dated June 26, 1995 Part II- Fee (attach "Exhibit II" if more space is required) Refer to Proposal No. 2195 -P -0233, dated June 26, 1995 The Client agrees to pay STE's invoices upon receipt. Should payment not be received within 30 days of invoice date, the Client agrees to also pay a service charge of 1.5 percent per month or 18 percent per annum and the costs of collection, including reasonable attorneys' fees. If 1.5 percent per month exceeds the maximum allowed by law, the service charge of 1.5 percent will automatically be reduced to the maximum legally allowed. Payment of the invoice shall constitute final approval of all aspects of the work performed to date by STE. If Client has any objection to any of STE's invoices, Client must so advise STE in writing giving the reasons for such objections within 7 days of receipt by the Client of such invoice. If The Project is termi- nated in whole or in part, then STE shall be paid by the Client for services performed prior to STE's receipt of written notice of such termination, in addi- tion to STE's reimbursable expenses and reasonable shut -down costs incurred. Disclosure of Hazardous & Toxic Material and Conditions at the Project Client warrants to STE that it is not aware of any hazardous wastes or substances, toxic materials or conditions or petroleum products existing at the site of the Project. Client warrants to STE that it is aware that the only hazardous wastes or substances, toxic materials or conditions or petroleum products located on or under the Project are as provided in Exhibit III. CLIENT: Standard Testing and Engineering Co Signature Signature Name Name Ronald L. Brasel, P.B. Title Title Praier-t F.ngi near Date Date June 26, 1995 STANDARD TESTING AND ENGINEERING COMPANY STANDARD TERMS Standard Testing and Engineering Company, herein "STE ", as an independent consultant, agrees to provide to the "Client" the services described in the Scope of Work pursuant to the fol- lowing Standard Terms and Conditions which constitute a part of this Agreement: ARTICLE SERVICES BY STE: STE will perform the services to be provided by STE pursuant to this Agreement in accordance with generally accepted engineering principles and practices of performance by professionals of ordinary skill existing at the time of performance under similar conditions for the locality where the services are to be performed. STE will reperform any service not meeting this standard with- out additional compensation. The Client hereby acknowledges that The Project involves certain inherent risk factors (such as limitations on laboratory analytical methods, variations in subsur- face conditions and the like) which may adversely affect the results of The Project, even though the services are performed with such care and skill. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED. STE's personnel may be present, either full or part time, to provide observation and field testing of specific parts of The Project in accordance with the Scope of Work attached hereto. Should a contractor be involved in The Project, STE's work does not include supervision or direction of the actual work of the contractor, its employees or agents, nor shall the presence of STE's field rep- resentatives nor any observation or testing by STE excuse the contractor in any way for the acts or omissions of the contractor. It is agreed that STE will not be responsible for job or safety on The Project, nor will STE assume control of or responsibility for The Project, nor does STE undertake the responsibility for reporting to any public agencies any conditions on The Project except in those instances where STE is required by law to so notify governmental agencies of potential dangers or contamination. The Client agrees to notify the appropriate federal, state or local public agencies as required by law or otherwise to disclose, in a timely manner, any infor- mation that may be necessary to prevent any danger to health, safety or the environment or as may be otherwise necessary concerning The Project. STE will maintain preservable NON - HAZARDOUS test samples for 30 days after the report date free of storage charges. After the initial 30 days, upon written request, STE will retain test speci- mens or samples for a mutually acceptable storage charge and time period. In the event that samples contain substances that may be considered by STE to be HAZARDOUS or detrimental to health, safety, or the environment as defined by federal, state or local laws, rules, regulations or ordinances, STE will after completion of testing and at Client's expense return such samples to Client. Client agrees to pay all costs plus a reasonable handling charge associated with the storage, transport and disposal of samples, and that Client will not hold STE responsible or liable for any loss of test specimens or samples retained in storage. The Client recognizes and agrees that STE does not own or possess such samples and does not at any time assume title to such sam- ples. All such samples are considered owned and possessed by the Client. Field tests or boring locations described in STE's report or shown on sketches are based on specific information furnished by others or estimates made in the field by STE personnel. Such dimensions, depths or elevations are approximations and are not warranted to be exact. STE will not be liable for any property damage or bodily injury arising from damage to or inter- ference with surface or subterranean structures (including, without limitation, pipes, tanks, tele- phone cables, etc.) in connection with work performed under this Agreement. Client recognizes that the use of exploration and test equipment may unavoidably affect, alter, or damage the ter- rain and affect subsurface, vegetation, buildings, structures and equipment in, at, or upon the site of The Project. Client accepts the fact that this is inherent to STE's work and will not hold STE liable or responsible for any such effect, alteration or damage. The Client recognizes that subsurface conditions may vary from those observed at locations where borings, surveys or explorations are made, and that site conditions may change with time. Data, interpretations and recommendations by STE will be based solely on information available to STE. STE will not be responsible for any other parties' use or interpretations of such informa- tion and /or recommendations based on such information. STE shall maintain during the performance of the services by it under this Agreement, if reason- ably available, (i) statutory Workers' Compensation liability coverage and (ii) Comprehensive General Liability insurance coverage in policy amounts of not less than One Million Dollars ($1,000.000.00). ARTICLE THE CLIENT'S RESPONSIBILITIES: Client has obtained access and right of entry to The Project and hereby grants free access and right of entry to The Project to STE, its agents, staff, consultants and contractors or subcontrac- tors, for the purpose of performing all acts, studies and research, including without limitation the obtaining of samples and the performance of tests and evaluations, pursuant to the Scope of Work. Client represents that Client possesses all necessary permits and licenses required for the per- formance of the services to be provided by STE under this Agreement and for the continuation of Client and STE's activities at The Project. Client will furnish or cause to be furnished such reports, data, studies, plans, specifications, documents and other information deemed necessary by STE for the proper performance of STE's services pursuant to this Agreement. STE may rely upon documents provided by the Client in performing the services required under this Agreement; however, Client - provided docu- ments will remain the property of the Client. All documents. including, but not limited to, draw- ings, specifications, reports, boring logs, field notes, laboratory test data, calculations and esti- mates prepared by STE as part of the service, pursuant to this Agreement, shall remain STE's exclusive property. Client agrees that all documents of any nature furnished to Client or Client's agents or designees, if not paid for, will be returned upon demand and will not be used by Client for any purpose whatsoever. Client further agrees that under no circumstances shall any docu- ments produced by STE pursuant to this Agreement be used at any location or for any project not expressly provided for in this Agreement without STE's prior written consent. If Client uses all or any portion of STE's work on another project without STE's written permission, Client shall defend, indemnity and hold STE harmless from any and all claims arising from such unautho- rized use. No part of any document STE delivers to Client shall be reproduced or distributed, whether for advertising or any other purpose, without STE's written consent. Client is responsible for accurately delineating the locations of all subterranean structures and utilities. STE will take reasonable precautions to avoid known subterranean structures, and Client waives any claim against STE and agrees to defend, indemnity, and hold STE and its offi- cers, directors, employees and shareholders harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, Client agrees to compensate STE for any time spent or expenses incurred by STE in defense of any such claim, with compensation to be based upon STE's prevailing fee schedule and expense reimbursement policy. Client agrees to provide STE with continuing information as it becomes available to the Client of any hazardous conditions or petroleum products on or under The Project. ARTICLE PUBLIC LIABILITY: Except for claims by employees of STE for Worker's Compensation, in the event any third party brings suit or claim for damages against STE alleging exposure to or damage from material, elements or constituents at The Project before, during, or AND CONDITIONS ■ after the services are performed by STE or any of its agents pursuant to this Agreement, which is alleged to have resulted in or caused disease or any adverse health condition to any third party or resulted in costs for remedial action, uninhabilitability of any property, or any other property damage or loss of any kind, then Client agrees at its sole cost to defend STE in any such suit or claim and to indemnity and hold harmless STE and its officers, directors, employees and share- holders from and against any loss, damages, liabilities and cost (including, but not limited to, rea sonable attorney fees) and to pay on behalf of STE and its officers, directors, employees anc shareholders any judgment entered against STE and its officers, directors, employees anc shareholders, including any interest thereon. Client will have the right to investigate, negotiate and settle, with STE's written concurrence, any such suit or claim, and STE will cooperate in the defense of any such suit or claim. ARTICLE GENERAL CONDITIONS, NOTIFICATION, LIMITATION OF LIABILITY AND INDEMNIFICATION: Client hereby agrees that STE's total liability to the Client for any and all bodily or personal injury, death, property damage, claims, losses, expenses or damages of any kind or description, known or unknown, contingent or absolute, liquidated or unliquidated, whether to person or prop- erty or otherwise, arising out of or in any way related to The Project or this Agreement from any cause, claim, demand, action or right of action, of whatsoever kind or nature, either at law or it equity and based on STE's or any of its officers, agents, employees or any other party's negli- gence, errors, omissions, breach of contract, breach of warranty, strict liability or any other cause or causes whatsoever shall not exceed S25,000 or the amount of the Fee received by STE from the Client under this Agreement, whichever is greater. Notwithstanding anything herein to the contrary, Client agrees to defend, hold harmless and indemnify STE and its officers, directors, employees and shareholders from and against any anc all claims, liabilities, losses, damages, causes of action, penalties, fines, costs and expenses (including, but not limited to, attorney fees) resulting from or in connection with: Client's violation of any of the terms, provisions or agreements contained in this Agreement or the Client's presence at or actions in connection with The Project or the Client's or any other party's violation of any federal, state or local statute, regulation or ordinance; Client's or any other party's undertaking of or arranging for the handling, removal, remedia- tion, treatment, storage, transportation or disposal of Hazardous waste or substance or petrole- um products or constituents thereof found or identified a on, under or at The Project: Changed conditions or hazardous substances, petroleum products or constituents thereol introduced on, at or under The Project by Client or any other party before or after the completior of STE's services herein; Allegations that STE or any of its officers, directors, employees or shareholders is a han- dler, generator, operator, treater, storer, transporter, or disposer under the Resource Conservation and Recovery Act of 1976, as amended. Comprehensive Environmenta Response Compensation and Liability Act, as amended, or any other similar federal, state or local regulation of law, as a result of this Agreement or the Scope of Work performed by STE or any waste or substances (including, but not limited to, Hazardous waste or substances, toxic waste or petroleum products) on, at or under The Project or removed from The Project; and, The Client agrees to pay to STE or any of its officers, directors, employees or shareholders any and all liabilities, losses, costs and expenses (including, but not limited to, attorney fees) incurrec by STE or any of its officers, directors, employees or shareholders in connection with any matter that the Client has agreed to indemnity STE or any of its officers, directors, employees or share- holders hereunder. This Agreement may be terminated by either party on receipt of written notice or by mutua' agreement. If this Agreement is terminated by either party, STE shall be paid in full for all ser vices performed through the termination date. Neither Client nor STE may delegate, assign, sublet or transfer its duties or interest in this Agreement without the prior written consent of the other party, except STE may retain the ser- vices of subcontractors to assist STE in performance of its duties and obligations hereunder. ARTICLE UNFORESEEN OCCURRENCES: If during the performance of services by STE under this Agreement, any unforeseen hazardous substances or petroleum products or con stituents thereof or other unforeseen conditions or occurrences are encountered which in STE's sole judgment significantly affect or may affect the services, the risk involved in providing the ser- vices, or the Scope of Work, STE and Client will mutually agree to revise the Agreement to include consideration of the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated herein; or STE may, at its option, terminate this Agreement effective on the date specified by STE in writing. ARTICLE LITIGATION ASSISTANCE: Unless expressly set forth in the Scope of Services, the Scope of Services does not include costs of STE for required or requested assistance to sup- port, prepare, document, bring, defend, or assist in litigation undertaken or defended by the Client. All such services required or requested of STE, except for suits or claims between the parties to this Agreement, will be reimbursed by the Client according to STE's normal rates anc charges for such services and payment for such services shall be in accordance with this.^, Agreement. ARTICLE FORCE MAJEURE: STE is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the reasonable conow trol of STE. ARTICLE NO THIRD PARTY BENEFICIARIES: This Agreement gives no rights or benefit to anyone other than the Client and STE and this Agreement has no third party beneficiaries. ARTICLE SURVIVAL: All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating the responsibility or liability between Client and STE shat survive the completion of the services and the termination of this Agreement. ARTICLE INTEGRATION: This Agreement and the documents attached hereto and whict, are incorporated herein constitute the entire agreement between the parties and cannot be changed or amended except by a written instrument signed by all parties hereto. ARTICLE GOVERNING LAW AND VENUE: This Agreement shall be governed in al respects by the laws of the State of Oklahoma. Each of the parties hereto shall only enforce < claim arising out of this Agreement in the appropriate state or federal court having subject anc personal jurisdiction located in Oklahoma City, Oklahoma. For purposes of any action or pro- ceeding instituted with respect to any such claim, all of the parties hereto irrevocably submit to the jurisdiction of such courts and irrevocably consent to service of process out of such courts by ,i mailing a copy of the summons and complaint, by certified mail, return receipt requested postage prepaid to each parry at the address provided for such parry in this Agreement. ARTICLE INDEPENDENT CONTRACTOR: In performing services under this Agreement STE shall operate as, and have the status of, an independent contractor and shall not act as or be an employee of the Client. ARTICLE NOTICE: Notices shall be sufficiently given if sent by certified mail, postage pre paid. to each of the parties at the address noted for such party in the introductory paragraph this Agreement, or such other address as shall be furnished in writing by either party. Issued 9.92 June 27, 1995 Ms. Marcia Boutwell Contracts Administrator City of Owasso 207 South Cedar P. O. Box 180 Owasso, Oklahoma 74055 LAW ENGINEERING AND ENVIRONMENTAL SERVICES Subject: Proposal for Geotechnical Exploration Wastewater Treatment Plant Phase I Improvements Owasso, Oklahoma Law Engineering Proposal TP 1139 -95G Ms. Boutwell: Law Engineering, Inc. (LAW) is pleased to submit this proposal to perform a geotechnical exploration for the subject project. Included in this proposal is an outline of the project information, proposed exploration, fee estimate, and schedule. The geotechnical engineers in our Tulsa office are committed to providing you the professional services you require while providing quality value to your project. Project Information Project information was received from Mr. F. Robert Carr, Jr. of the City of Owasso on June 20, 1995. We understand that this project consists of improvements to the Owasso Wastewater Treatment Plant. The foundation types for the existing structures were not reported. Proposed items of work for this project are as follows: • Influent Lift Station • Oxidation Ditch • External Clarifier System • Return/Waste Sludge Pump System • Disinfection System • Sludge Dewatering System LAW ENGINEERING, INC. 1540 NORTH 107TH AVENUE • TULSA, OK 74116 -1512 (918) 834 -4700 • FAX (918) 835 -2545 ONE OF THE LAW COMPANIES nrr%rn rrn 1 I i %1 1) '7 In(,r Wastewater Treatment Plant Phase I Improvements; Owasso, Oklahoma Law Engineering Proposal TP 1139 -95G June 27, 1995 Design loads were not presented in the request for proposal. We assume loading information will be made available to us before the final geotechnical report is issued. Geotechnical Exploration The proposed exploration for this project will require the collection of subsurface data and other various geotechnical studies. A professional engineer registered in the state of Oklahoma who has specialized in geotechnical engineering will direct and supervise our work. A report which describes our exploration and recommendations will be provided to you. The boring locations and depths were provided to us in the request for proposal and are presented in the following table. Recommended Boring Locations and Depths Boring Number Location Boring Depth (ft.) B -1 North end of paved drying beds 14 B -2 North end of paved drying beds 14 B -3 Return activated sludge pump station 40 B-4 Final clarifier 42 B -5 Final clarifier 32 B-6 South of influent lift station 20 A two -inch diameter piezometer will be installed in B-6. Our fee estimate for Boring B-6 and the piezometer installation are included as a separate item in the fee estimate section of this proposal. All other boreholes will be grouted in accordance with Oklahoma Water Resources Board (OWRB) regulations. Elevations of the soil borings will be secured by a survey crew retained by the City of Owasso through a subcontract to the Design Engineer. Should soil conditions require that we advance borings to a greater depth, we will contact your office for approval of additional costs. 2 71 1 Wastewater Treatment Plant Phase l Improvements; Owasso, Oklahoma Law Engineering Proposal TP 1139 -95G June 27, 1995 Soil samples will be obtained with a combination of thin -wall Shelby tube samplers and Standard Penetration Test split spoon samplers. Samples will be obtained continuously in the upper 10 feet and at not greater than five foot intervals, thereafter. The minimum size of core barrel and bit will be NWM in accordance with ASTM D2113. We will conduct all drilling and sampling in general accordance with applicable ASTM standards. If unusual or unanticipated subsurface conditions are encountered during the field exploration of this project, we will immediately notify your office with a recommended course of action while our drill crew is in the field. At the completion of drilling, we will transport all samples to our laboratory where they will be examined by a geotechnical engineer and visually classified according to the Unified Soil Classification System. The engineer will select samples for laboratory testing. As requested, laboratory testing will include the following tests: • Atterberg limits • Sieve analysis and /or minus #200 sieve • Unconfined Compression • Soil • Rock • Natural moisture content • Swell tests, as required • Corrosivity tests, i.e., water soluble sulfate, water soluble chloride, field resistivity and pH The written report will include the following: • A brief review of our test procedures and the results of all testing conducted. • A review of subsurface soil stratigraphy with pertinent available physical properties (frost penetration, corrosion potential, etc.). • A discussion of regional and site geology and topography. • Laboratory testing of selected soil samples to determine the physical characteristics and engineering properties of the soils. • Recommendations for site preparation and construction of structural fills. Wastewater Treatment Plant Phase I Improvements; Owasso, Oklahoma June 27, 1995 Law Engineering Proposal TP 1139 -95G ' • Recommended general design and construction criteria for the project foundations. , • Recommended lateral earth pressures for design of substructure and retaining walls. • Estimate of foundation performance based on available data. ' • Ground water elevations and their effect upon the proposed design and construction. I The assessment of site environmental conditions or the presence of pollutants in the soil, rock or ground water of the site is beyond the proposed scope of this exploration. Fee Estimate Based upon our experience and understanding of the project requirements, we recommend the following budget for this exploration. Field Exploration Borings 1 -5 Drill Rig Mobil ization/Demobilization Soil Borings 112' x $10 /ft Rock Coring 30' x $20 /ft Field Engineering Technician 20 hrs x $351hr Grout Boreholes 142' x $3 /ft Boring 6 Soil Borings 20 x $10 /ft Field Engineering Technician 4 x $35/hr Install 2" dia. piezometer Laboratory Testin Atterberg Limits 10 x $30 Sieve Analysis 2 x $30 Soil Unconfined Compression 4 x $30 Rock Unconfined Compression 5 x $30 Natural Moisture Content 10 x $5 Water Soluble Sulfate 2 x $40 Water Soluble Chloride 2 x $40 Resistivity 2 x $50 pH 2 x $25 4 $ 75 $ 1,120 $ 600 $ 700 435 Total Borings 1 -5 $ 2,930 $ 200 $ 140 150 Total Boring 6 $ 490 $ 300 $ 60 $ 120 $ 150 $ 50 $ 80 $ 80 $ 100 50 Total Laboratory $ 990 I L Wastewater Treatment Plant Phase I Improvements; Owasso, Oklahoma Law Engineering Proposal TP 1139 -95G Engineering Analysis and Reporting Final Report Drafting (Boring Logs, Boring Location Plan) 5 hrs x $35 Secretary 5 hrs x $30 Staff Engineer 8 hrs x $55 Project Engineer 20 hrs x $65 Principal Engineer 2 hrs x $95 Total Engineering June 27, 1995 $ 175 $ 150 $ 440 $ 1,300 19 $ 3,185 ESTIMATED TOTAL FEE $ 7,105 ESTIMATED TOTAL FEE $ 7,595 (with B-6 and Piezometer) Schedule Based upon our present schedule we can begin this project within three to five working days after we receive written authorization. The final report will be submitted approximately four weeks after we receive written authorization. Authorization To authorize us to proceed with this exploration, please execute the enclosed Proposal Acceptance Sheet and return the copy to us. Any exceptions to this proposal or special requirements not covered in the proposal should be listed on the Proposal Acceptance Sheet. Please note that the General Conditions Sheet is part of this proposal. We appreciate your consideration of LAW for this work. Please do not hesitate to contact us with questions concerning our proposed scope of work. Sincerely, LAW ENGINEERING, INC. Brad R. Milanowski, P.E. Project Engineer BRM /MHH /lmw G Mi /jian, . E. Principal Engineer LAW LAW ENGINIMM, INC. PROPOSAL ACCEPTANCE SHEET Project Name Wastewater Treatment Plant Phase I Improvements Project Location Owassr), Okl alhnma Proposal No. and Date TP 113 9 - 9 5 G 6-27-95 LAW Branch Location T1,1 -,a I ng ./ BRM Type of Services Geotechnical Exploration CLIENT Name_ Address, Attention FOR APPROVALS OR PAYMENT Name Address SPECIAL INSTRUCTIONS: Zip Code Zip Code Title Phone Number Phone Number PROPOSAL ACCEPTANCE The Terms and Conditions of this Proposal, including the terms and conditions on this and the reverse side hereof are: Accepted this Print or type individual, firm or corporate body name Signature of authorized representative day of 19 Print or type name of authorized representative and title TERMS AND CONDITIONS 1. SERVICES TO BE PROVIDED. Law Engineering, through and by its officers, employees and subcontractors, (hereinafter LAW) is an independent consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in our proposal. No third party beneficiaries are intended by this Agreement. 2. PAYMENT TERMS. Client agrees to pay LAWS invoice upon receipt. If payment is not received within 30 days from the Client's receipt of LAWS invoice, Client agrees to pay a service charge on the past due amount at the greater of 1% per month or the allowable legal rate, including reasonable attorney's fees and expenses if collected through an attorney. No deduction shall be made from LAW's invoice on account of liquidated damages unless expressly included in the Agreement. After five days prior notice to Client, LAW may suspend services until paid on any project where payment of invoiced amounts not reasonably in dispute is not received by LAW within 60 days of Client's receipt of LAWS invoice. Client receipt of invoice will be presumed three days after mailing by LAW first class, with adequate postage attached. Time is of the essence of this provision. Either party may terminate this Agreement without cause upon 30 days prior written notice. This Agreement will terminate automatically upon the insolvency of Client. In the event Client requests termination prior to completion of the proposed services, Client agrees to pay LAW for all reasonable charges incurred to date and associated with termination of the work. 3. STANDARD OF CARE. LAW will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of LAWS profession practicing in the same or similar locality at the time of service. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED BY OUR PROPOSAL OR BY OUR ORAL OR WRITTEN REPORTS. INSURANCE. LAW maintains insurance coverage as follows: a. Workers Compensation Insurance - statutory. b. Employers Liability Insurance - $1,000,000. C. Commercial General Liability Insurance - $2,000,000/$3,000,000. d. Automobile Liability Insurance - $2,000,000 CSL. e. Excess Umbrella - $1,000,000 (on c & d). f. Professional Errors & Omission - $1,000,000 claims -made. Rev. 5/94 5. PROFESSIONAL LIABILITY. FOR ADDITIONAL CONSIDERATION FROM LAW OF $10.00, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, CLIENT AGREES THAT LAWS LIABILITY, AND THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUBCONTRACTORS, TO CLIENT OR ANY THIRD PARTY DUE TO ANY NEGLIGENT PROFESSIONAL ACTS, ERRORS OR OMISSIONS OR BREACH OF CONTRACT BY LAW WILL BE LIMITED TO AN AGGREGATE OF $50,000 OR LAWS TOTAL CHARGES, WHICHEVER IS GREATER. IF CLIENT PREFERS TO HAVE HIGHER LIMITS OF PROFESSIONAL LIABILITY, LAW AGREES TO INCREASE THE AGGREGATE LIMIT, UP TO A MAXIMUM OF $1,000,000, UPON CLIENTS WRITTEN REQUEST ATTHE TIME OF ACCEPTING OUR PROPOSAL, PROVIDED CLIENT AGREES TO PAY AN ADDITIONAL CONSIDERATION OF TEN PERCENT OF LAWS TOTAL CHARGES, OR $500, WHICHEVER IS GREATER. THE ADDITIONAL CHARGE FOR THE HIGHER LIABILITY LIMIT IS BECAUSE OF THE GREATER RISK ASSUMED BY LAW AND IS NOT A CHARGE FOR ADDITIONAL PROFESSIONAL LIABILITY INSURANCE THIS LIMITATION SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 6. SITE OPERATIONS. Client will arrange for right -of -entry to the property for the purpose of performing project management, studies, tests and evaluations pursuant to the agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the site. LAWS field personnel are trained to initiate field testing, drilling and/or sampling within a reasonable distance of each designated location. LAWS field personnel will avoid hazards or utilities which are visible to them at the site. If LAW is advised in writing of the presence or potential presence of underground or overground obstructions, such as utilities, we will give special instructions to our field personnel. LAW is not responsible for any damage or loss due to undisclosed or unknown surface or subsurface conditions owned by Client or third parties, except to the extent such damage or loss is a result of LAWS negligence. Otherwise, Client agrees for the additional consideration of $1.00, to indemnify LAW, its directors, officers, employees, agents and subcontractors, from any such claims, suits or losses, including related reasonable attorney's fees. LAW will take reasonable precautions to minimize damage to the property caused by our operations. Unless otherwise stated in LAWS proposal, our charges do not include cost of restoration due to any related damage which may result. If Client requests LAW to repair such damage, we will do so at an appropriate additional cost. PAGE 1 or 2 I 1 1 Field tests or boring locations described in LAW'S report or shown on sketches are based on specific information furnished by others or estimates made in the field by our personnel. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in our proposal or report. 7. FIELD REPRESENTATIVE. The presence of LAW'S or its subcontractors field personnel, either fulHime or part-time, may be for the purpose of providing project administration, assessment, observation and/or field testing of specific aspects of the project as authorized by Client. Should a contractor(s) not retained by LAW be involved in the project, Client will advise such contractor(s) that LAWS services do not include supervision or direction of the means, methods or actual work of the contractor(s), its employees or agents. Client will also inform contractor that the presence of LAWS field representative for project administration, assessment, observation or testing will not relieve the contractor of its responsibilities for performing the work in accordance with the plans and specifications. ff a contractor (not a subcontractor of LAW) is involved in the project, Client agrees, in accordance with generally accepted construction practices, that the contractor will be solely and completely responsible for working conditions on the job site, including security and safety of all persons and property during performance of the work, and compliance with all Client safety requirements and OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. It is agreed that LAW will not be responsible for job or site safety or security on the project, other than for LAW'S employees and subcontractors, and that LAW does not have the duty or right to stop the work of the contractor. B. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforseen 1 conditions or occurrences may be encountered at the site which could substantially after the necessary services or the risks invoked in completing LAWS services. If this occurs, LAW will promptly notify and consult with Client, but will act based on LAWS sole judgment where risk to LAW personnel is involved. Possible actions could include: a. Complete the original Scope of Services in accordance with the procedures originally intended in our Proposal, it practicable in LAW'S judgment; - b. Agree with Client to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences, with such revision agreed to in writing; C. Terminate the services effective on the date specified by LAW in writing. 9. SAMPLE DISPOSAL Test specimens or samples generally are consumed or substantially altered during testing and any remnants are disposed of immediately upon completion of tests. Remaining drilling samples and other specimens are disposed of 30 days after submission of LAWS report. a. NON- HAZARDOUS SAMPLES. At Client's written request. LAW will retain preservable test specimens or the residue therefrom for 30 days after submission of our report free of storage charges. After the initial 30 days and upon Client's written request, LAW will use its best efforts to retain test specimens or samples but only for a mutually acceptable storage charge and period of time. Client agrees that LAW is not responsible or liable for any loss of test specimens or samples retained in storage. b. ' HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. In the event that test samples contain toxic or hazardous constituents as defined by applicable taw, upon completion of any testing and temporary storage by LAW and per Client's stated preference, LAW will: 1) return such samples to Client for proper disposal; 2) using a manifest signed by Client as generator and at additional cost, have such samples transported to a location selected by Client for proper final disposal; or 3) at an additional charge per sample, dispose of such samples at a property licensed disposal facility. Client agrees to pay all costs associated with the storage, transport, and disposal of such samples. Client recognizes and agrees that LAW is acting as a bailee and at no time assumes title to said materials. 10. WASTE DISPOSAL If Client requests LAW to containerize drilling wastes and/or fluids produced by LAW'S activity ('Wastes'), Client will provide a secure temporary storage location at or near the project site to prevent tampering with such containerized Wastes. Non - hazardous Wastes will be disposed of by LAW for an additional charge at an appropriately licensed facility. Any hazardous Wastes will be disposed of under manifest executed by Client at any property licensed facility selected by Client with LAW'S assistance. At no time will LAW take title to such hazardous Wastes. 11. ' CLIENT DISCLOSURE Client agrees to advise LAW upon execution of this Agreement of any hazardous substance or any condition, known or that reasonably should be known by Client, existing in, on, or near the site that presents a potential danger to human health, the environment, or LAW's equipment. Client agrees to provide LAW continuing related information as it becomes available to the Client. By virtue of entering into this Agreement or providing services hereunder, LAW does not assume control of or responsibility as an operator or otherwise for the site or the person(s) in charge of the site, or undertake responsibility for reporting to any federal, state or kxal public agencies any conditions at the site that may present a potential danger to public health, safety or the environment. Client agrees under advice of its counsel to notify the appropriate federal, state or local public agencies as required by law; or otherwise to disclose, in a timely manner, any information that may be necessary to prevent damage to human health, safety , or the environment. 12. ' ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardous substances or constituents and to the maximum extent permitted by taw, for separate and valuable consideration of $1.00. Client agrees to defend, hold harmless and indemnity LAW from and against any and all claims, liabilities, or judgements, except to the extent finally determined as being caused by LAWS negligence or willful misconduct, resulting from: a. Client's violation of any federal, state, or local statute, regulation or ordinance relating to the management or disposal of toxic or hazardous substances or constituents; b. Client's undertaking of or arrangement for the handling, removal, treatment, storage, transportation or disposal of toxic or hazardous substances or constituents found or identified at the site; C. Toxic or hazardous substances or constituents introduced at the site by Client or third persons before, during or after the completion of LAW'S services; d. Allegations that LAW is a handler, generator, operator, treater, Storer, transporter, or disposer unless expressly retained by Client for such services under the Resource Conservation and Recovery Act of 1976 as amended or any other similar federal, state or local regulation or law due to LAW'S services; or, e. Any third party suit or claim for damages against LAW alleging strict liability, personal injury (including death) or property damage from exposure to or release of toxic or hazardous substances or constituents at or from the project site before, during or after completion of LAW'S services under this Agreement. 13. ' EOUIPMFM CONTAMINATION. LAW will endeavor to clean our laboratory and field equipment which may become contaminated in the conduct of our services. Occasionaty, such equipment cannot be completely decontaminated because of the type of hazards encountered. If this occurs, lt will be necessary to dispose of the equipment in a manner similar to that indicated for hazardous samples or waste and to charge Client for the loss. Client agrees to pay the fair market value of any such equipment and reasonable disposal costs. 14. DOCUMENTS. LAW will furnish Client the agreed upon number of written reports and supporting documents. These instruments of services are furnished for Client's exclusive internal use and reliance, use of Client's counsel, use of Client's qualified bidders (design services only) and for regulatory submittal in connection with the project or services provided for in this Agreement but not for advertising or other type of distribution, and are subject to the following: a. All documents generated by LAW under this Agreement shall remain the sole property of LAW. Any unauthorized use or distribution of LAWS work shall be at Client's and recipient's sole risk and without liability to LAW. LAW may retain a confidential file copy of its work product and rotated documents. b. If Client desires to release, or for LAW to provide, our report(s) to a third party not described above for that party's reliance, LAW will agree to such release provided we receive written acceptance from such third party to be bound by acceptable terms and conditions similar to this Agreement (e.g. Secondary Client Agreement). Reports provided for disclosure of information only will not require separate agreement Client acknowledges and agrees to inform such third party that LAW'S report(s) reflects conditions only at the time of the study and may not reflect conditions at a later time. Client further acknowledges that such request for release creates a potential conflict of interest for LAW and by this request Client waives any such claim ff LAW complies with the request. C. Client agrees that all documents furnished to Client or Client's agents or designees, lt not paid for, will be returned upon demand and will not be used by Client or any other entity for any purpose whatsoever. Client further agrees that documents produced by LAW pursuant to this Agreement will not be used for any project not expressly provided for in this Agreement without LAW'S prior written approval. d. Client shalt furnish documents or information reasonably within Client's control and deemed necessary by LAW for proper performance of our services. LAW may rely upon Client- provided documents in performing the services required under this Agreement; however, LAW assumes no responsibility or liability for their accuracy. Client- provided documents will remain the property of Client, but LAW may retain one confidential file copy as needed to support our report. e. Upon Client's request, LAW'S work product may be provided on magnetic media. By such request, Client agrees that the written copy retained by LAW in its files, with at least one conformed written copy provided to Client, shall be the official base document. LAW makes no warranty or representation to Client that the magnetic copy is accurate or complete, but will correct in good faith any omissions or errors brought to LAWS attention by Client. Any modifications of such magnetic copy by Client shall be at Client's risk and without liability to LAW. Such magnetic copy is subject to all other conditions of this Agreement. 15. CLAIMS. The parties agree to attempt to resolve any dispute without resort to litigation including use of mediation, prior to filing of any suit. However, in the event a claim results in litigation, and the claimant does not prevail at trial, then the claimant shall pay all costs incurred in pursuing and defending the claim, including reasonable attorney's fees. 16. OPINIONS OF COST. If requested, LAW will use its best efforts and experience on similar projects to provide realistic opinions or estimates of costs for remediation or construction as appropriate based on reasonably available data, LAW'S designs or LAWS recommendations. However, such opinions are intended primarily to provide information on the order of magnitude or scale of such costs and are not intended for use in firm budgeting or negotiation unless Specficaly, agreed otherwise, in writing with LAW. Client understands actual costs of such work depend heavily on regional economics, local construction practices, material availability, site conditions, weather conditions, contractor skills, and many other factors beyond LAWS control. 17. TESTIMONY. Should LAW or any LAW employee be compelled by taw to provide testimony or other evidence by any party, whether at deposition, hearing or trial, in relation to services provided under this Agreement, and LAW is not a party in the dispute, then LAW shall be compensated by Client for the associated reasonable expenses and labor for LAWS preparations and testimony at appropriate unit rates. To the extent the party compelling the testimony ultimately provides LAW such compensation, Client will receive a credit or refund on any related double payments to LAW. 18. CONFIDENTIALITY. LAW will maintain as confidential any documents or information provided by Client and will not release, distribute or publish same to any third party without prior permission from Client, unless compelled by law or order of a court or regulatory body of competent jurisdiction. Such release will occur only after prior notice to Client. 19. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Georgia. 20. PRIORITY OVER FORM AGREEMENTSIPURCHASE ORDERS. The Parties agree that the provisions of these terms and conditions shall control over and govern as to any form writings signed by the Parties, such as Client Purchase Orders, Work Orders, etc., and that such forms may be issued by Client to LAW as a matter of convenience to the Parties without altering any of the terms or provisions hereof. 21. SURVIVAL All provisions of this Agreement for indemnity or allocation of responsibility or liability between Client and LAW shall survive the completion of the services and the termination of this Agreement. 22. SEVERABILITY. In the event that any provision of this Agreement is found to be unenforceable under law, the remaining provisions shall continue in full force and effect. 23. ASSIGNMENT. This Agreement may not be assigned by either party without the prior permission of the other. 24. CONSIDERATION. The parties agree that the charges for LAWS services are sufficiently adjusted to include arty specific consideration payable to Client under these terms and conditions 25. INTEGRATION. This Agreement, the attached documents and those incorporated herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by both parties. Applies only 0 toxic or hazardous substances or constituents are anticipated or encountered END OF DOCUMENT