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Home My WebLink About1995.09.19_OPWA Agenda' PUBLIC NOTICE OF THE MEETING OF THE �C OWASSO PUBLIC WORKS AUTHORITY A�b TYPE OF MEETING: Regular DATE: September 19, 1995 TIME: 7:00 p.m. PLACE: Council Chambers, Owasso Community Center R 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, September 15, 1995. Marci outwell, City dlerk AGENDA 1. Call to Order 2. Invocation Pastor David Phillippe New Life Assembly of God 3. Flag Salute 4. Roll Call 5. Request Approval of the Minutes of September 5, 1995 Regular Meeting. Attachment #5 6. Request Approval of Claims Attachment #6 Owasso Public Works Authority September 19, 1995 Page 2 7. Request to Address the Trustees Regarding Rural Water Rates. Mr Witt Attachment #7 NO Mr Bill Witt has requested .an opportunity to address the Trustees concerning rates •.� charged to rural water customers. 8. Consideration and Appropriate Action Relating to a Request to Award a Contract for the Purchase of Residential Refuse Containers (Polycarts), and Authorize Payment for the Purchase of an Initial Order of 100 Carts at $5950. Mr Carr Attachment #8 Staff has completed the bidding process, reviewed the bids received, and will recommend a contract be awarded to Williams Refuse Equipment Co, Owasso, OK for a time period through June 30, 1996 to supply residential refuse containers consistent with bid specifications, at a cost of $59.50 per green cart and $61.50 per red cart; and for Trustee authorization for the payment of $5950 for the purchase of an initial order of 100 green carts. 9. Consideration and Appropriate Action Relating to OPWA Resolution #95 -06, a Resolution Establishing Water Rates for Customers of the Owasso Public Works Authority and Declaring an Effective Date. Mr Ray Attachment #9 Staff will recommend Trustee adoption of OPWA Resolution #95 -06 providing for an increase in water rates of lOC per thousand gallons to "in- city" customers and 7G per thousand gallons to "rural" customers, pursuant to a rate increase of 1M per thousand gallons to the OPWA from the City of Tulsa. Owasso Public Works Authority September 19, 1995 Page 3 10. Consideration and Appropriate Action Relating to a Request for Trustee Approval of an Agreement Between Washington County Rural Water District #3 and, the Owasso Public Works Authority for Emergency Water Service. Mr Carr Attachment #10 Staff will recommend approval of an agreement with Washington County Rural Water District #3 wherein service in North Dale Acres subdivision would be transferred from OPWA to Washington County RWD #3; emergency water service interconnections at North Dale Acres and Bailey Ranch Estates subdivision; and authorization for the Chair to execute the agreement. 11. Report from OPWA Manager 12. Report from OPWA Attorney 13. Unfinished Business 14. New Business Owasso Public Works Authority September 19, 1995 Page 4 15. Adjournment 0" 1 OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, September 5, 1995 The Owasso Public Works Authority met in regular session on Tuesday, September 5, 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, September 1, 1995. ITEM 1: CALL TO ORDER Chairman Burris called - the meeting to order at 8:40 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 led during the City Council meting preceding this meeting. ITEM 4: ROLL CALL PRESENT ABSENT Charles Burris, Chairperson Mary Lou Barnhouse, Trustee Danny Ewing, Vice Chairperson Joe Ramey, Trustee Michael Helm, Trustee STAFF Rodney J Ray, City Manager Ronald D Cates, Authority Attorney Marcia Boutwell, Authority Secretary A quorum was declared present. ITEM 5: REOUEST APPROVAL OF THE MINUTES OF AUGUST 15. 1995 REGULAR MEETING. Mr Ewing moved to approve the minutes as written, by reference hereto; seconded by Chairman Burris. AYE: Ewing, Burris, Helm NAY: None Motion carried 3 -0. Owasso Public Works Authority September 5, 1995 ITEM 6: REQUEST APPROVAL OF CLAIMS Mr Helm moved, seconded by Chairman Burris, to approve the following claims as submitted: (1) OPWA Fund $149,748.99; (2) OPWA Capital Improvement Fund $277,048.65; (3) Interfund Transfers $34,233.17; (4) Payroll $26,268.62. AYE: Helm, Burris, Ewing NAY: None Motion carried 3 -0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR REPAIR OF MACHINERY AND EQUIPMENT USED IN THE TREATMENT OF WATER Mr Carr said that on July 25, 1995, a lightening strike caused damage to equipment at the wastewater treatment plant. Infilco Degremont Inc of Richmond, VA is the sole builder and supplier of parts for the damaged equipment, and Haynes Equipment Company Inc of Oklahoma City is considered a sole source repair company for this equipment. The cost for replacement and repair is approximately $1831. The City of Owasso has a $1000 insurance deductible, therefore a check in the amount of $831 has been received from the insurance carrier. Mr Helm moved, seconded by Chairman Burris, to approve a sole source purchase of repair parts and installation labor for the damaged ultraviolet disinfection module and the storm holding basin transducer in amounts not to exceed $800 for parts and shipment from Infilco Degremont Inc of Richmond, VA, and $1031 for labor and replacement materials from Haynes Equipment Company Inc of Oklahoma City. AYE: Helm, Burris, Ewing NAY: None ' Motion carried 3 -0. ITEM 8: REPORT FROM OPWA MANAGER ' No report. ITEM 9: REPORT FROM OPWA ATTORNEY No report. ' Owasso Public Works Authority ITEM 10: UNFINISHED BUSINESS None. ITEM 11: NEW BUSINESS None. ITEM 12: ADJOURNMENT Mr Helm moved, seconded by Mr Ewing, to adjourn. AYE: Helm, Ewing, Burris NAY: None Motion carried 3 -0 and the meeting was adjourned at 8:50 p.m. Marcia Boutwell, Authority Secretary 3 September 5, 1995 Charles L Burris, Chairperson CITY OF OWASSn nWASSn PTIRT,TC WORKS AUTHnRTTY 9/15/95 9:33:05 A/P CT.AIMS RRPnRT APAPVR PAGE: Pn # VFNnnR T)FSrRTPTTnN AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 960014 DEPT OF ENVIRONMENTAL OUA SOLID WASTE MANAGE FEE 960015 OPWA RECYCLE CENTER RETMR CASH DRAWER 960542 DIAMONTI HOMES REFUND OVERPAYMENT DEPARTMENT TOTAL = = = =) OPWA AIIMINTSTRATION ------------------------ - - - - -- ' WATER ------------------------ - - - - -- M Y 960001 960001 US TFT.F /PAGE, INC. PAGER USE rPT,T,rn SAFETY SHnF,R 9AO004 RnNAT.D D CATES RETAINER UNIFORM CLEAN /RENT 960127 WESTERN RUSTNFSS PRODUCTS COPIER MATNT 960382 9601.99 CELLULAR ONE -TULSA PHnNF USE rTTY GARAGE 960263 KFYF PRODUCTIVITY CENTER SEMINAR 8/95 FUFT. /nTF.SFT. 960394 ARKANSAS FXC ET.STnR HnTF,1, T.ODGTNG /SS -AWWA rnNF 960517 960413 ST FRANrTS HnSPTTAT. -RAP EMP ASSISTANCE PROGRAM SHARON SPARKMAN 960428 CSC CREDTT SERVTCF.S, TNC rnT,T,EC.TTnN(; 7/95 METER RFAnTNG 960546 OMJ. MUNTCIPAT. ASSURANrF. G AUTO LIAR TNS 960545 960600 TREASURER PETTY CASH REIMR AWWA CONFERENCE DEPT nF RNVTRnNMF.NTAT, 960600 TREASURER PETTY CASH BUILDING SFCURTTY METER SET /WFNnVR 960633 STATE BOARD PROFESSTnNAL CE,RT OF REGISTRATION /CARR ' TRFASTIRRR PETTY CASH DEPARTMENT TOTAT. = = = =) ' WATER ------------------------ - - - - -- M Y 960001 US TFT.F /PAGE., INC. PAGER USE 960178 rPT,T,rn SAFETY SHnF,R STEEL TnE, BOnT.r,. 960316 CTNTAS CORP. UNIFORM CLEAN /RENT 960326 KTMRAT,T, Ar,F HARDWARE GUPPT,TFS /PT.,UMBING 960382 CITY OF TUJ.SA WATER PURCRASR 8/95 960489 rTTY GARAGE 9/95 PARTS 960490 60 SYSTFMS 8/95 FUFT. /nTF.SFT. 960515 TYRONE, DTNKTNS METER RFADTNG 960517 OSCAR MCT.AURIN METER RF.ADTNG 960518 SHARON SPARKMAN METER READING 960519 JOHNNY ROGERS METER RFAnTNG 960545 WATER PRODUCTS TNC, METER STIPPT,TFS 960545 WATER PRnnTTrTS INC SUPP 5/95;A/95,7/957R/95 960560 DEPT nF RNVTRnNMF.NTAT, C7TJA ANNUAL FEE 960561 WATER PRnnlJrTS TNC. METER SET /WFNnVR 960565 K rnNSTRUC'TTnN, TNC RnAD RnRF, AnTH /rF.nAR 960600 TRFASTIRRR PETTY CASH RFTMR PETTY CARR 598.08 1,000.00 57.51 1,655.59 25.90 700.00 107.67 19.60 139.00 255.00 68.00 95,00 51.00 1.72.82 36.95 80.00 1,AR0.94 51.80 388.20 155,75 247.71 82,784.43 276.87 257.54 2.93.!35 ?7.9.50 153.90 186,75 934.2.7 6,73A.24 2'31.00 650,42 270,00 3,65 8 CTTY OF OWASSO OWASSO PURT.TC WORKS AUTHORTTY 9/15/95 9 :33:05 A/P CT.ATMS REPnRT APAPVR PAGE: PO # VFNnnR DFSCRTPTTON AMOUNT ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- - -- DEPARTMENT TOT AT, ____> 9 ,478,49.88 WASTEWATER ------------------------ - - - - -- 960001. US TPT.F /PAGE, INC. PAGER USE 25.90 960164 CLIFFORD POWER SYSTEMS GENERATOR 13ID 6/20/95 28,880.00 960178 GPT.LCO SAFETY SHOES STFRT. TOP BnnTR 516,70 960316 CINTAS CORP. UNIFnRM CT.EAN /RENT 283,00 960326 KIMBALL ACF HART)WARP STTPPT.IFS /F1.FC /WTRING 182,37 960408 HUGHES LUMBER rn SUPPT,TE,S 8/95 11.25 960421 ADVANCED CHPMTCAT. CHT.ORTNP 343.22 960424 SHERRY T.ABnRATnRIES, INC. ST,UDGE ANAT.YSTS 160.00 960465 CURTIN MATHFSON SCIFNTIFT UAR SUPPLIES 380.02 960489 CTTY GARAGE 8/95 PARTS 1'34.81 960490 GO SYSTEMS 8/95 FTTFT. /TITFRF.T. 190,13 960524 WASTE MANAGEMENT OF nFT,A ST.UnGF DISPOSAL 2.50,70 960564 HAYNES FOUIP. WWTP RFPATRS ?/21/95 2,6R4.5R 960600 TREASURER PETTY rASH RE,IMR PETTY CASH 7.83 DEPARTMENT TnTAT. = = = =) 38,999,51 REFUSE. COLLECTIONS ------------------------ - - - - -- 960316 CINTAS CnRP, UNTFnRM CT.FAN /RENT 106.50 960384 RFI rnMM REFUSE, 8/95 12,694.64 960489 CITY GARAGE 8/95 PARTS 217,15 960489 CITY GARAGE, R/95 PARTS 622,137 960490 GO SYSTFMS 8/95 FUF.T. /nIESFT. 413,88 960525 WASTE MANAGEMENT nF OKT.A TTPPTNr FEES 8/95 4,060.82 DEPARTMENT TOTAT, = = = =) 18,115.86 RECYCLE CENTER ------------------------ - - - - -- 960316 CINTAS CORP. UNTFnRM CT.F.AN /RENT 85,50 960884 RFT CnMM RF.FTTSF 8/95 27072,00 960384 BPI CnMM RFFTT(.;F 8/95 90,Q0 960490 Gn SYSTEMS 8/95 PITT! T, /T)TF,SF, T, 57,01 960525 WASTF. MANAGEMENT nF OKT.A TTPPTNG FRPS 8/95 203.59 DEPARTMENT TnTA.T, = = = => 27458.10 MIND TnTAT, ____? 1517749,R8 9 I CITY nF nWASSn nPWA CAPTTAT. TMPRnvRMENT FUND 9/15/95 9:33 :05 A/P C'T.ATMS RFPnRT APAPVR PAGE: PO # VENnnR nEc;C'RTPTInN AMnUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- WASTEWATER ------------------------ - - - - -- 9AO157 T.G. EXCAVATING nEPARTMENT TnTAT, FUNn TnTAL = = = =) SEWER LINF RFHAR PHASE II 262,900.60 262,900.60 262,900.60 10 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING 09/02/95 APPROVE 09/19/95 Chairman Trustee Trustee OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES R7 Water 800.93 ......... ... 5,078 66 Refuse 0.00 3,731.61 ............ OPWA Capital Improvement 31.68 1,081.65 AN AN APPROVE 09/19/95 Chairman Trustee Trustee MEMORANDUM TO: CHAIRMAN AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST BY UTILITY CUSTOMER TO ADDRESS TRUSTEES IN REFERENCE TO WATER RATES DATE: September 15, 1995 BACKGROUND: Mr Bill Witt has requested an opportunity to address the Trustees on an issue relating to water rates. Mr Witt lives in the Pleasant View subdivision, a subdivision of Tulsa County not included within the corporate city limits of the City of Owasso. Even though the subdivision is not in the city limits, the residents are served water through the city's water distribution system. Mr Witt's request to address the Trustees is related to the disparity in water rates within the subdivision. As the Trustees know, those persons who were Rogers County Rural Water District Customers and became Owasso water customers upon the acquisition of a portion of the district by the city, have "protected" rates by virtue of the language contained in the contract for the purchase of the area. The contract specifically protects those residents who were customers of the district from any rate other than the rates paid by the "in- city" customers. New customers, however, are not protected from the "rural rates" as established by resolution (Those rates are 71.37 % higher than the "in- city" rates). Mr Witt is a resident of the area acquired from Rogers Rural Water District and became a customer of the Owasso water system after the city purchased the area from RRWD. Because he became a customer after the acquisition date and because he was not a RRWD customer, he is being charged at the rural rates. Based on conversations with Mr Witt, it is apparent he believes that the differing rates are unfair and that all of the customers should pay the same "in -city" rate. The staff researched the records to determine if the rates in the subdivision could be equalized. Based on the information from that review, it was concluded that the staff lacked the authority to make such a decision. Further, the City Attorney, after a review, also believes such an action would require a Trustee policy change. CUSTOMER REQUEST TO ADDRESS TRUSTEES IN REFERENCE TO WATER RATES September 15, 1995 Page 2 ANTICIPATED REOUEST: It is anticipated that the Trustees will be asked to revise the current rate structure and take action to place all customers in the Pleasant View subdivision on the same water rate. AVAILABLE OPTIONS: Option #1 - Take no action and leave rates as they are. Such action would serve to preserve the original agreement with RRWD #3 and will continue the practice of protecting the former RRWD customers from higher rates, while requiring all new water customers to pay rural rates. Fiscal Impact - NONE. Option #2 - Amend OPWA Resolution #93 -05 and City Ordinance #471 (see attached) to allow all customers residing outside the corporate city limits to have "in- city" water rates. Such action would have the effect of reducing the rates of all the 277 existing rural rate customers. Fiscal Impact - $59,000 reduction in revenue Pr from water sales. mi Option #3 - Amend OPWA Resolution #93 -05 and City Ordinance #471 (see attached) to allow new customers in the Pleasant View subdivision to have "in- city" water rates. Such action would have the effect of equalizing the rates within the subdivision and avoid the situation of having neighbors with different water rates. Fiscal Impact - Based on existing customers on rural rate (3), the staff estimates a loss of $484.14 per year in revenue from water sales. (Note - As the number of new customers in Pleasant View increases, the revenue loss will increase.) COMMENTS: 1. OPWA Resolution #93 -05 and Ordinance #471 are very specific and intended to require all new customers in the area acquired from RRWD to pay the rural rates established by the Trustees and City Council. 2. To have different water rates for neighbors is not a good situation and will always foster complaints of inequity and unfairness. 3. To allow only new customers in Pleasant View a protection from rural rates will undoubtedly result in a tremendous outcry from the 277 existing rural customers. Protests of unfairness will be assured. CUSTOMER REQUEST TO ADDRESS TRUSTEES IN REFERENCE TO WATER RATES September 15, 1995 Page 3 4. To reduce all rural rates to "in- city" rates at one time will place a difficult fiscal burden on the OPWA Fund at a time when the staff objective is to try to replace a $50,000 subsidy from the OPWA to the city in 94 -95 to held the city offset a revenue shortfall. Additionally, the OPWA Fund anticipates a major capital acquisition (refuse truck - $115,000) out of operating revenues this year. CONCLUSION: The staff conclusion is that the Pleasant View situation is not desirable, but the alternatives are even more undesirable. The rate policy should be left in place, as is. ATTACHMENTS: 1. Correspondence from Mr Bill Witt 2. OPWA Resolution #95 -05 3. City Ordinance #471 To whom it may concert; 8/29/95 Subject; Water rates - rural rate vs city rate i live at 9403 N 136th E Ave in pleasant view estates addition and i moved in oct. 1994. we are paying the much higher rural rate because of a "grandfather clause: white familites that are uder this clause pay the lower city rate. This is not right, we all get our water from the same supply and we should all pay the same rate. i would like the opportunity to discuss this with the council. Thanks Bill Witt TULSA COUNTY CLERK - JOAN HASTINGS P.CPT 8549 01/05/94 14:01:23 DOC # 94001648 FEE 0.00 PGS 4 B/P 5581/1543 -1546 CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER q'// AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, APPROVING THE OWASSO PUBLIC WORKS AUTHORITY RATES FOR WATER SERVICE, AS WELL AS THE APPLICATION OF SUCH RATES TO PERSONS WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE CITY OF OWASSO, OKLAHOMA, DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One: The rates for water service of the Owasso bo Public Works Authority, and the application thereof, all as is U-3 evidenced by reference to Resolution Number 93 -05 of the Owasso Public Works Authority, dated the ((,J day of November, 1993, be and same hereby is approved. Section Two: That due to the imminent need for rate adjustment in the water service rates, an emergency is hereby declared to exist whereby this ordinance shall take effect immediately upon it's passage. ' APPROVED this /�&J day of clause November, 1993, with the emergency voted upon separately. CITY OF OWASSO, OKLAHOMA By. gob Randolph, kayor Sherry Bi4hop, City Cle k APPROVED AS TO FORM: Ronald D. Cates, City Attorney OWASSO PUBLIC WORKS AUTHORITY OWASSO, OKLAHOMA RESOLUTION NUMBER 93-OS A RESOLUTION OF THE OWASSO PUBLIC WORKS AUTHORITY ESTABLISHING RATES FOR WATER SERVICE WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE CITY OF OWASSO, OKLAHOMA, DECLARING AN EFFECTIVE DATE BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY, THAT: Section One: The rate schedule set forth on Exhibit "A" attached hereto and made a part hereof is hereby adopted. Section Two: The aforementioned rates as well as rate applications shall be effective for November, 1993, usage as reflected by December, 1993, billing. PASSED AND APPROVED this /jjA day of November, 1993. OWASSO PUBLIC WORKS AUTHORITY BY 457-1 Bob Rand 1ph, Chairman ATTEST: .. Sherry B' hops ecre ry APPROVED AS TO FORM: Ronald D. Cates, Authority Attorney opwa -r.wsr EXHIBIT "A" All new Rogers Water District #3 customers, acquired November 1, are to be adopted to our existing city rate as follows: First 1,000 gallons $7.07 (minimum charge); and, East additional 1,000 gallons $2.69. All rural customer rates, including customers living outside the corporate limits of the City of Owasso, Oklahoma, but inside the territory acquired by the Owasso Public Works Authority from Rural Water District #3, Rogers County, Oklahoma, who were not customers of the Rural Water District #3, Rogers County, as of November 1, 1993, are to be changed to the following: First 1,000 gallons $11.47 (minimum charge); and, Each additional 1,000 gallons $4.61 opwa MEMORANDUM TO: RODNEY J. RAY CITY MANAGER FROM: F. ROBERT CARR PUBLIC WORKS DIRECTOR SUBJECT: REQUEST TO AWARD CONTRACT FOR RESIDENTIAL REFUSE COLLECTION CONTAINERS DATE: September 13, 1995 BACKGROUND: Annually, the Owasso Public Works Authority solicits bids for the purchase of carts to be used in the residential refuse collection program. The plastic cart collection system has proven to be successful and cost - effective by providing a uniform container that is sturdy, easily identifiable and is compatible with the one -man per route side - loading refuse collection vehicle system. Through the bid process, the city has been able to obtain a consistent price per cart unit and maintain a supply of carts for replacement needs and to supply new customers. Staff solicited bids for the bulk purchase of green refuse carts for use in residential trash collection and red carts for use by yardwaste separation customers. The specifications (see attachment) requested a unit price bid for each color of 90- gallon cart. The carts will be ordered in a minimum of fifty (50) unit quantities. The bid price per cart and the price of replacement parts is guaranteed for any orders placed until June 30, 1996. The proposed contract guarantees a fixed price for FY 95 -96, regardless of the number of carts ordered. Therefore, staff will not request Trustee approval for the purchase of carts again until next fiscal year. Payment for a bulk purchase must be approved by the Trustees. ' Following publication of the notice to bid and mailing of the bid packet to 10 prospective bidders, three actual bids were received by the bid date of September 12, 1995. The following bids were received: Page 2 Residential Refuse Collection Containers Bidder Manufacturer Green Cart Bid Red Cart Bid IPL Products, Ltd. IPL $58.40 $62.50 (Worcester, MA) Solid Waste Systems Otto $58.00 $61.00 (Charlotte, NC) Williams Refuse Equipment Co., Inc. Ameri-Kart $59.50 $61.50 (Owasso, OK) Roto Industries, Inc. Roto No bid No bid (Anaheim, CA) BID INFORMATION: Carts bid by IPL Products, Ltd. and Solid Waste Systems do not meet the required specifications. The brochures provided with the bid submittal showing the cart specifications for their product were not consistent with the requirement that "...the tub bottom of the cart is to be a minimum of six (6) inches above the ground and protected" (specification item number 6). Similar carts had been bid in 1993 and 1994 and rejected for not meeting bid specifications. Williams Refuse Equipment Co., Inc. submitted a bid based on the Poly -Cart 2000, which meets the required specifications. These carts are presently being used in the Owasso collection system. The 1994 prices for the carts supplied by Williams Refuse Equipment were $59.00 for green carts and $61.00 for red carts. Therefore, the price has increased by $0.50 per cart. RECOMMENDATION: Staff recommends Trustee award of the residential refuse collection container (polycart) contract to Williams Refuse Equipment Co., Inc., Owasso, Oklahoma for a time period through June 30, 1996 to supply residential refuse containers consistent with bid specifications at a cost of $59.50 per green cart and $61.50 per red cart and for Trustee authorization for the payment of $5,950 for the purchase of an initial order of 100 green carts. ATTACHMENTS: 1. Bid Documentation 2. Bid Specifications 3. Bid submittals 1 1 1 CITY OF OWASSO / OWASSO PUBLIC WORKS AUTHORITY 207 South Cedar PO Box 180 Owasso, Oklahoma 74055 (918) 272 -2251 BID DOCUMENTATION Opening Date: Sept 12, 1995 Council/Trustee Approval: Item: 90 Gallon Polycarts Number of Bids: 3 Bids Opened By: Marcia Boutwell u. Witness: Susie Theriault Witness: BIDDER UNIT PRICE PER POLYCART RED GREEN Williams Refuse, Owasso $61.50 $59.50 Solid Waste Systems, Charlotte, NC $61.00 $58.00 IPL Products, Worcester, MA $62.50 $58.40 Certification: I, Marcia Boutwell, City Clerk, do hereby certify that, to the best of my knowledge, this Bid Documentation is true and correct. Signature: - SPECIFICATIONS FOR NINETY (90) GALLON POLYCARTS 1. The Owasso Public Works Authority is soliciting a unit price quote for green polycarts with a minimum size of ninety (90) gallons; and a unit price quote for red polycarts with a minimum size of ninety (90) gallons. Both are being solicited to meet the requirements of the City of Owasso /OPWA for FY95 -96. (The Ameri -Kart Corp Poly -Kart 2000 is presently being used.) 2. It is anticipated that polycarts will be ordered in fifty (50) unit quantities, however, the Owasso Public Works Authority reserves the right to order whatever number and color of carts is needed at the time the order is placed. 3. The purchase price shall be guaranteed for any orders placed during the period from the date of issuance of "Notice of Award" until June 30, 1996. 4. "City of Owasso" text shall be embedded in the cart lid and an identification serial number shall be stamped into the cart body. 5. The tub of the cart shall be constructed of a high molecular, ultra - violet stabilized polyethylene. 6. The tub of the cart shall be constructed in such a manner that the tub bottom will be a minimum of six (6) inches above the ground and protected. 7. Support frames and lift bars shall be constructed of 16 gauge galvanized steel (minimum) and all tub stress points supported by steel. ' 8. The carts shall have 12 inch diameter wheels with semi - pneumatic tires. 9. The car t lid d shall be fully hinged and shall have a high tension rubber wind latch for lid. 10. These specifications shall be interpreted as minimum requirements. ' 11. The bidder shall include brochures with the bid submittal showing the polycart specifications. I 12. The bidder shall include a list of replacement parts and the price of each part. The purchase price of replacement parts shall be guaranteed for any orders placed until June 30, 1996. 13. Delivery of the first 100 green polycarts will be accepted immediately, but no later than October 15, 1995. BID PROPOSAL - SUBMITTAL PAGE NINETY (90) GALLON POLYCARTS UNIT PRICE PER POLYCART, GREEN $59.50 UNIT PRICE PER POLYCART, RED $61.50 I hereby acknowledge that I have read the specifications and that I am legally bound by the statements on the Bid Proposal - Submittal Pages. Signature President Title WILLIMS REFUSE EQUIPMENT CO., INC. Address P.O. BOX 1138 OWASSO, OK 74055 (918) 272 -7215 Phone Delivery Date of First 100 Green Polycarts 30 days after receipt of order BID OPENING: SEPTEMBER 12, 1995 @2:00 P.M. COMPLETE AND ATTACH THE NON - COLLUSION BID AFFIDAVIT TO BID. WILLIAMS REFUSE EQUIPMENT CO. INC. OWA SO OK 1 4055 (918) 2727215 POLY -RART PARTS WHEELS & RUBS P9022 PRICE SCHEDULE GREEN HUB EFF. 137 -01 -95 3.75 PART NO. DESCRIPTION BLACK HUB (COLORS AVAILABLE) 3.75 PRICE FASTENERS GREEN SEMI P9000 AL045 BOLT & WASHER (TUB /FRAME) P9037 P9001 ALO 1 3/4" BOLT (LATCH BAR /FRAME,TUB /FRAME) .40 P9002 AL1 1 1/4" BOLT (WINDLATCH /LID) .15 P9003 AL2 2 1/4" BOLT (AXLE /FRAME) .10 P9004 AL3 1/411 NYLOCK NUT .20 P9005 AL4 3/4" OD WASHER (TUB /FRAME,LATCH /FRAME) .15 P9006 AL5 3/4" NEOPRENE WASHER (TUB /FRAME) .15 P9007 AL6 111 OD WASHER (WINDLATCH /LID) .15 P9008 AL7B AXLE WASHER .25 P9009 AL8 EXPANSION RIVET (PK 80) .25 P9010 ALSS AXLE CAP (5/8") .40 P9011 AL9 POP RIVET (HINGE /LID) .30 P9012 AL10B POP RIVET (HINGE /TUB) .25 P9013 AD68ASS EXTRA LONG POP RIVET (HINGE /TUB) .15 P9014 AL11 WASHER (HINGE) .25 P9018 AL13 POP RIVET (FRAME FRONT /FRAME REAR) .10 .15 LIDS & ASSOCIATED HARDWARE P9129 PK LID WITH HINGE & PIN 20.50 P9049 WINDLATCH COMPLETE 2.00 P9015 AL12 WINDLACH HOOK W/O VINYL .45 P9016 AL12B WINDLATCH HOOK W VINYL P9019 AL14 HINGE ASSEMBLY COMPLETE .55 3.50 P9020 AL14B HALF HINGE W/O PIN 1.80 P9021 AL15 HINGE PIN .60 WHEELS & RUBS P9022 AL16 GREEN HUB (COLORS AVAILABLE) 3.75 P9023 AL1613 BLACK HUB (COLORS AVAILABLE) 3.75 P9036 AL17 GREEN SEMI WHEEL ASSY. 6.25 P9037 AL17 BLACK SEMI WHEEL ASSY.(COLORS AVAIL.) 6.25 P9050 AL17B SEMI PNEUMATIC TIRE 4.50 P9165 BLACK BLOW MOLD WHEEL 5.00 P9166 WHITE BLOW MOLD WHEEL 5.00 P9067 GREEN QUIET CAP WHEEL 6.00 P9168 BLACK QUIET CAP WHEEL 6.00 P9069 BROWN QUIET CAP WHEEL 6.00 P9070 WHITE QUIET CAP WHEEL 6.00 POLY -KART PARTS - PAGE 2 EFF. 07 -01 -95 WILLIAMS REFUSE EQUIPMENT CO. INC. OWA SO OK 174055 (918) 272 -7915 r� PART NO. DESCRIPTION PRICE AXLES & LATCH BARS P9053 AL18 PK 90/60 AXLE 3.30 P9054 AL18B PK 80 AXLE 3.30 P9071 LATCH BAR (WRAP) 2.50 P9072 LATCH BAR (FLAT ENDS) 1.80 TUBE P8999 PK 40 GAL INSERT (BLACK) 30.00 P9151 PK 60 TUB W /HALF HINGE (GREEN) 36.75 P9073 PK 80 TUB W /HALF HINGE (GREEN) 36.75 P9087 PK 90 NS TUB W /HALF HINGE (GREEN) 36.75 P9101 PK 90 OS TUB W /HALF HINGE (GREEN) 36.75 FRAMES & FRAME PARTS P9146A P9068A PK PK 60 60 FRAME W/O WHEELS REAR FRAME W/O AXLE 25.00 9.50 P9145 PK 80 FRAME W/O WHEELS 25.00 P9143 PK 80 EMCO FRAME W/O WHEELS 35.00 P9058 PK 80 FRONT FRAME W10 LATCH 9.50 P9059 PK 80 EMCO FRONT FRAME W/O LATCH 15.00 ' P9066 PK 80 REAR FRAME W/O AXLE 9.50 P9146 PK 90 N.S. FRAME W/O WHEELS 25.00 P9060 PK 90/60 N.S. FRONT FRAME W /WRAP LATCH 9.50 ' P9061 PK 90/60 N.S. FRONT FRAME W/LOW WRAP LATCH 9.50 P9068 PK 90 N.S. REAR FRAME W/O AXLE 9.50 P9148 PK 90 O.S. FRAME W/O WHEELS 25.00 P9144 PK 90 O.S. EMCO FRAME W/O WHEELS 35.00 P9062 PK 90 O.S. FRONT FRAME W /WRAP LATCH 9.50 P9062B PK 90 O.S. FRONT FRAME W /FLAT LATCH 9.50 P9063 PK 90 O.S. FRONT FRAME W /LOWER WRAP LATCH 9.50 P9065A PK 90 O.S. FRONT FRAME (EMCO) W/O LATCH 13.50 P9069 PK 90 O.S. REAR FRAME W/O AXLE 9.50 P9070 PK 90 O.S. REAR FRAME (EMCO) W/O AXLE 9.50 r� Poly-Kart'-60&90 90 2000 Series The Poly- KartTM system has proved itself across the country for more than two decades. Its efficiency has helped municipal managers and private haulers turn waste collection into a business far more predictable and, therefore, more manageable than ever before. Saves labor, fuel, tune. Collection will take fewer trucks, each operating more quickly with less idling time. You can reduce the number of employees and the number of hours each spends on a route. Reduces back injuries. Lowers workers comp rates. Poly- Kart'sTm hydraulic collection method reduces strain on the collectors' backs and increases sanitation. You'll see employee downtime reduced and probably can merit lower workers compensation rates. Attracts more dependable workers. By omitting the back - breaking chores and improving work conditions, crews feel better on the job and feel better about the job. They seem to take more pride in their work, do it better, and stay with it longer. Increases resident satisfaction. Their Poly- Kart`rm holds their full week's trash, and they don t have to pre- package it in trash bags. The wide mouth and stay - propped lid make it easy for residents to dump without spilling and creating debris. The convex- shaped lid with high - tension windlatch allows over- pacldng while sealing so tight there's no odor ... no flies! So, they can park a Poly - KartTM right next to the house, then roll it easily to the curb on collection day. Your workers won't have to enter their private property, or confront fenced -in dogs. Residents prefer the Poly- KartTm, saying they would never go back to noisy, dented steel cans and costly trash bags. Warranty: Poly -KartTM purchasers receive a 10 -year prorated warranty. Other warranty options are available. Complete details of our warranty program are available without charge upon written request to Amen -Kart Corp. Municipal managers: You'll lower collection costs and help create a cleaner, healthier, more attractive city. Private haulers: Here's your immediate, marketable edge over competition and a source for increased monthly per- resident profit. A quick return on a wise investment! Poly -Lift. At the heart of the Poly -KartTM system is the hydraulic Poly- LiftTM, the strongest, most durable and reliable in the industry. Models available for rear or side loading. Less time (8-10 seconds), less risk of injury, and less fatigue. Call or write for further information on the Poly- KartTm system ... how to introduce it on your routes ... and how to use it to attract new customers. 1%'Ameri-Kart Corp. Making Neighborhoods Nicer 433 Industrial Road / Goddard, Kansas 67052 (316) 794 -2213 / 1- 800 -533 -2475 / Fax: (316) 794 -8574 1 MEMORANDUM TO: CHAIRMAN AND TRUSTEES tOWASSO PUBLIC WORKS AUTHORITY FROM: RODNEY J RAY CITY MANAGER SUBJECT: OPWA RESOLUTION #95 -06 WATER RATE INCREASES DATE: September 15, 1995 BACKGROUND: The City of Tulsa has notified the City of Owasso that, effective October 1, 1995, water rates to its municipal customers will be increased by 6.69 %. The increase means that water will now cost the city an additional ten cents (10C) per thousand gallons. This is the first increase in water rates by the City of Tulsa to its municipal customers in three years and represents an attempt by Tulsa to earmark funds for improvements to the Mohawk Treatment Plant. The increase appears ,justified and has been reviewed by the staff to ensure that it is based on a "cost of services" rating philosophy as outlined by the "BLACK AND VEATCH STUDY" completed in 1989. An increase of five cents per thousand was anticipated in the 1995 -96 annual OPWA operating budget (see page 10 of the Budget Message in the budget document). The additional increase could require an amendment to the budget, but will not result in any "net" changes to the bottom line as long as the Trustees pass on the rate increase to our customers. OR RECOMMENDATION: The staff recommends Trustee adoption of OPWA Resolution #95 -06, providing for an increase in water rates to our customers in the amount of the rate increase to the city NOTE: In 1993, the Trustees adopted a policy of a "phased -in" program to equalize the rate difference between "in- city" and "rural" customers. The program is based on providing a rate reduction to all rural customers based on new net revenue from the area acquired from Rogers Rural Water District #3. The proposed Resolution increases rates to "in- city" customers by ten cents (lO(,) per 1000 gallons used and a seven cent (7(,)increase to "rural" rate customers. The current rate structure has "rural" customers paying 71.37% more than "in- city" customers. The new rate structure will require rural customers to pay 67.74% more than the "in- city" rate. WATER RATE INCREASES September 15, 1995 Page 2 Granted, a change of this small amount is not significant, however using this method, the equalization of the rate structure can be accomplished over a period of time and can be done without negatively impacting the OPWA Fund or the Public Works Department's ability to provide services. PROPOSED RATE CHANGES: Type of Current '"M Customer Base Rate Base Rate In -City $ 7.07 $ 7.17 Rural $11.47 $11.54 Current Each Pr Each Additional 1000 Gallons Additional 1000 Gallons $2.69 $4.61 $2.79 $4.68 NOTE: City ordinance allows a 20 % discount for low income families that meet the established criteria. Such discounts will not be affected by this resolution. CUSTOMER IMPACT: The cost of this rate increase to the average customer is estimated to be $7.20 per year (based on an average use of 7000 gallons of water per month). ATTACHMENTS 1. OPWA Resolution #95 -06 2. Correspondence from City of Tulsa OWASSO PUBLIC WORKS AUTHORITY OPWA RESOLUTION NO 95 -06 A RESOLUTION OF THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY ESTABLISHING RATES FOR WATER SERVICE WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE CITY OF OWASSO, AND DECLARING AN EFFECTIVE DATE. BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY THAT: SECTION ONE: The rate schedule set forth on Exhibit "A" attached hereto and made a part hereof is hereby adopted. SECTION TWO: The aforementioned rates, as well as rate applications, shall be effective for October 1995 usage as reflected by November 1995 billing. SECTION THREE: Specific provisions adopted by the Authority contained in OPWA Resolution #92 -04 and OPWA Resolution #93 -05 are adopted by reference as a part of this resolution and continue without change or interruption. APPROVED AND ADOPTED this 19th day of September, 1995 by the Trustees of the Owasso Public Works Authority. Charles L Burris, Chairperson ATTEST: Marcia Boutwell, Trust Secretary APPROVED AS TO FORM: Ronald D Cates, Trust Attorney City of Owasso - OPWA Water Service Rates Inside corporate limits Base rate for usage of 0 -1000 gallons $7.17 Attachment A Rate for each additional 1000 gallons $2.79 Outside corporate limits $11.54 $4.68 City of Owasso Attention: Rodney Ray 207 S. Cedar Owasso, OK 74055 Re: Account No. 99 -09 -0540 DEPARTMENT OF PUBLIC WORKS 200 CIVIC CENTER TULSA, OKLAHOMA 74103 Dear Mr. Ray: This letter is to notify you that the City of Tulsa is considering changes in city utility rates. If approved by the Tulsa Utility Board and City Council, the new rates would become effective October 1, 1995. In general, the changes are needed to replace the 75 -year old Mohawk water treatment plant. Our records show a 6.69 percent increase between your company's most recent total monthly bill and the proposed charges for the same levels of service. Current Rates April Use April Bill Water: Meter charge $183.00 $ 183.00 Rate per 1000 gallons $ 1.49 39,812 $59,319.88 TOTAL $59,502.88 Proposed Rates April Use April Bill Water: Meter charges $183.00 $ 183.00 Rate per 1000 gallons $ 1.59 39,812 $63,301.08 TOTAL $63,484.08 OFFICE OF ASSISTANT DIRECTOR 918 • 596 • 7274 City of Owasso Attention: Rodney Ray 207 S. Cedar Owasso, OK 74055 Re: Account No. 99 -09 -0540 DEPARTMENT OF PUBLIC WORKS 200 CIVIC CENTER TULSA, OKLAHOMA 74103 Dear Mr. Ray: This letter is to notify you that the City of Tulsa is considering changes in city utility rates. If approved by the Tulsa Utility Board and City Council, the new rates would become effective October 1, 1995. In general, the changes are needed to replace the 75 -year old Mohawk water treatment plant. Our records show a 6.69 percent increase between your company's most recent total monthly bill and the proposed charges for the same levels of service. Current Rates April Use April Bill Water: Meter charge $183.00 $ 183.00 Rate per 1000 gallons $ 1.49 39,812 $59,319.88 TOTAL $59,502.88 Proposed Rates April Use April Bill Water: Meter charges $183.00 $ 183.00 Rate per 1000 gallons $ 1.59 39,812 $63,301.08 TOTAL $63,484.08 Page 2 June 12, 1995 Please note that NO change is proposed in solid waste rates and stormwater rates. If you have comments about your specific utility charges, please write me a letter or call 596 -7274. Sincerely, Mike Buchert Assistant Public Works Director MLB:sb 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 spec . ) ( "RWD No. 3 "), and the OWASSO PUBLIC WORKS AUTHORITY (hereinafter referred to as "OPWA "). RECITALS: 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. C. 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. OR 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: ARTTrT.F. 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 Service Territory. Service Territory shall mean a particular geographical area in which customers of a water district are located. 1.03 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. 1.04 Bailey Ranch II Service Territory. Bailey Rancn 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 10 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. 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 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 RWD No. 3. 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. ARTTrT.F I ESTABLISHMENT OF BOUNDARY DESCRIPTION FOR BAILEY RANCH II SERVICE TERRITORY 3.01 The parties agree that the Bailey Ranch II Service Territory as defined herein to be the Bailey Ranch Estates II subdivision as delineated in the final decision of the U.S. District Court for the Northern District of Oklahoma in Rural Water District #3, Washinqton 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. r 3.02 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 2 11 Owasso shall be preceded by a timely notification of such use by the City of Owasso Fire Department. 3.03 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. RWD No. 3 and OPWA will cooperate in developing rules and regulations concerning discontinuance of service for non - payment of water service. 3.04 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. 3.05 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 Bailey Ranch subdivision and Bailey Ranch II. 3.06 OPWA and RWD No. 3 will enter into a Standard Agreement 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. 3.07 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. 3.08 OPWA will provide, at its cost, a meter suitable to RWD No. 3. ARTTrT.F. 4 MISCELLANEOUS 4.01 The terms and provisions of this Agreement will extend to and be binding upon the successors and assigns of the parties hereto. 4.02 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. 3 4.03 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 RWD No. 3 shall be sent to: Notices directed to OPWA shall be sent to: EXECUTED on the ATTEST: [SEAL] day of RURAL WATER DISTRICT NO. 3 WASHINGTON COUNTY P.O. Box 70 Collinsville, Oklahoma 74021 OWASSO PUBLIC WORKS AUTHORITY P.O. Box 180 Owasso, Oklahoma 74055 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] Marcia Boutwell, Secretary By: Charles L. Burris Chairman "OPWA" APPROVED AS TO FORM: I Ron Cates ' Attorney for OPWA 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 \8agr 5 Notary Public Exhibit "A" STANDARD AGREEMENT FOR EMERGENCY WATER SERVICE 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 O.S. §1324.1 et sec'.) ( "RWD No. 3 "), and the OWASSO PUBLIC WORKS AUTHORITY ( "OPWA"). RECITALS: A. RWD No. 3 and OPWA operate water distribution systems which provide water to residents within their respective boundaries. 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 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. 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 follows: ARTTCT.P. 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 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 I II Meter" or the "North Dale Acres Meter ". 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. r 1.05 Supplying Purveyor. Supplying Purveyor shall mean either RWD No. 3 or OPWA, whichever is supplying water to the other M 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 Meter. The North Dale Acres Meter shall mean that water meter to be located at the interconnect to the North Dale Acres Service Territory. 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: ARTICLE 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, ►,ut not less than two (2) hours notice from Monday through Friday and at least four (4) hours otherwise, including Saturdays, Sundays and holidays. 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 2 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. ARTICLE 3 SERVICE 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 N 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. ARTICLE 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 M the sale and delivery of water thereafter upon giving ten (10) days prior written notice of its intention. ARTICLE 5 MAINTENANCE AND OPERATION r5.01 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 accura.,y 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. ARTTrT.R A 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 mo filed in such manner, then as of the date actually delivered to RWD Rio. 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. O. Box 70 Collinsville, Oklahoma 74021 5 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 IF 1995. RURAL WATER DISTRICT No. 3, ATTEST: WASHINGTON COUNTY, OKLAHOMA [SEAL] Secretary ATTEST: [SEAL] Marcia Boutwell, Secretary IAPPROVED AS TO FORM: Ron Cates Attorney for OPWA By: Name: Its Chairman of the Board "RWD No. 3" OWASSO PUBLIC WORKS AUTHORITY By: Charles L. Burris Chairman "OPWA" MEMORANDUM TO: RODNEY J. RAY CITY MANAGER FROM: F. ROBERT CARR, JR., P.E. PUBLIC WORKS DIRECTOR, SUBJECT: WASHINGTON RURAL WATER DISTRICT NO. 3 - CONTRACT FOR EMERGENCY WATER SERVICES DATE: September 13, 1995 BACKGROUND: 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 County Rural Water District No. 3 (RWD #3) 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 A 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. AGREEMENT FOR EMERGENCY WATER SERVICE: A draft Agreement between Washington RWD #3 and the OPWA originally was prepared on 1 June 2, 1995. At that time, provisions for emergency water services was part of an agreement Page 2 Washington RWD #3 Emergency Services Agreement that included the transfer of City of Owasso customers acquired from the Rogers County RWD #3 (north of 96th Street North between 129th E. Avenue and 145th E. Avenue) to the Washington County RWD. The Authority rejected the entire agreement at the July 18, 1995 meeting. The present agreement has been modified to remove the transfer of the former Rogers County area to Washington RWD #3. Staff and the City Attorney reviewed the contents of the original agreement 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 Exhibit have been reviewed by staff and the City Attorney for conformance with the previously agreed to 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. • Establishment of boundary description for Bailey Ranch II 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 • Emergency rate is $1.75 per thousand gallons. The rate is to be reviewed and can be adjusted every year. • Emergency water service shall not 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. (At present, Owasso purchases water from the City of Tulsa for $1.49 per thousand gallons.) Page 3 Washington RWD #3 Emergency Services Agreement RECOMAlENDATION: 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; and 2. Emergency water service interconnections at North Dale Acres and Bailey Ranch Estates in accordance with the provisions of the contract. ATTACEAMNTS: 1. Map showing Emergency Interconnection locations 2. Agreement I 2 6 T H North Dale Acres Interconnection Q ALLENS ADDITION 0 WEST PORT AM. 1 1 6TH HILLSIDE ES T. PPLE TREE GERMAN AC. COUNTRYSIDE HALE AC. EST. FOX Mi MEADOWCREST 1 06TH Bailey Ranch Estates Interconnection IY (� BAILEY RANCH ES TA TES COMBS ^� `Cl HILL "N' dale EL RIO VISTA ATTACHMENT 1 , Emergency Interconnections