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Home My WebLink About2010.03.16_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: Regular DATE: March 16, 2010 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch A Notice of the meeting and agenda filed in the office of the City Clerk and posted at City Hall at 6:00 p.m. on Friday, March 12, 2010. ann M. Stevens, Dep City Clerk qJ k AGENDA 1. Call to Order Chairman Stephen Cataudella 2. Roll Call 3. Consideration and appropriate action relating to a request for approval of the Consent Agenda. All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of the Minutes of the March 2, 2010 Regular Meeting. Attachment # 3 -A B. Approval of Claims. Attachment # 3 -13 C. Acknowledgement of receiving the monthly FY 2009 -2010 budget status report. Attachment # 3 -C 4. Consideration and appropriate action relating to items removed from the Consent Agenda. 5. Consideration and appropriate action relating to a request for Trustee approval of the Meadowcrest Gravity Sewer Relief Line Project. Mr. Stevens Attachment #5 Staff recommends Trustee approval of the Meadowcrest Gravity Sewer Relief Line Project. 0: \MANAGERIAL\ Agendas \OPWA \2010 \031610 posting -doc Owasso Public Works Authority March 16, 2010 Page 2 6. Consideration and appropriate action relating to a request for Trustee approval of an agreement for engineering services for the Meadowcrest Gravity Sewer Relief Line Project and authorization for the Chairman to execute the agreement. Mr. Stevens Attachment # 6 Staff recommends Trustee approval of an agreement for engineering services for the Meadowcrest Gravity Sewer Relief Line Project with Kellogg Engineering (Talala, Oklahoma) in the amount of $38,370.84 and authorization for the Chairman to execute the agreement. 7. Consideration and appropriate action relating to a request for Trustee approval of an agreement for engineering services for the Water System Hydraulic Modeling Project and authorization for the Chairman to execute the agreement. Mr. Albert Attachment # 7 Staff recommends Trustee approval of an agreement for engineering services for the Water System Hydraulic Modeling Project with TBR Engineering, LLC (Broken Arrow, Oklahoma) in the amount of $96,472.76 and authorization for the Chairman to execute the agreement. 8. Consideration and appropriate action relating to a request for Trustee approval of OPWA Resolution No. 2010 -01, agreeing to file application with the Oklahoma Water Resources Board (the "OWRB ") for financial assistance through the state loan program, with the loan proceeds being for the purpose of refinancing certain indebtedness of the Owasso Public Works Authority, Tulsa County, Oklahoma; approving a professional services agreement; and containing other provisions related thereto. Ms. Bishop Attachment # 8 Staff recommends Trustee approval of OPWA Resolution No. 2010 -01. 9. Report from OPWA Manager. 10. Report from OPWA Attorney. 11. New Business. (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 12. Adjournment. O: \MANAGERIAL \Agendas \OPWA \2010 \031610 posting. doc OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, March 2, 2010 The Owasso Public Works Authority met in regular session on Tuesday, March 2, 2010 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, February 26, 2010. ITEM 1. CALL TO ORDER Vice Chair Bonebrake called the meeting to order at 8:46 p.m. ITEM 2. ROLL CALL PRESENT Steve Cataudella, Chairman Bryan Stovall, Trustee Jon Sinex, Trustee Wayne Guevara, Trustee A quorum was declared present. STAFF Rodney Ray, Authority Manager Julie Lombardi, Authority Attorney ABSENT Doug Bonebrake, Vice Chair ITEM 3. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR TRUSTEE APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the February 16, 2010 Regular Meeting. B. Approval of Claims. Mr. Sinex moved, seconded by Mr. Stovall, to approve the OPWA Consent Agenda with claims totaling $914,944.71. The payroll payment report for pay period ending 02/13/10 was included for review. YEA: Guevara, Sinex, Cataudella, Stovall NAY: None Motion carried 4 -0. Owasso Public Works Authority March 2, 2010 ITEM 4. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action was required on this item. ITEM 5. REPORT FROM OPWA MANAGER No report. ITEM 6. REPORT FROM OPWA ATTORNEY No report. ITEM 7. NEW BUSINESS None ITEM 8. ADJOURNMENT Mr. Sinex moved, seconded by Mr. Stovall, to adjourn the meeting. YEA: Sinex, Stovall, Guevara, Cataudella NAY: None Motion carried 4 -0 and the meeting was adjourned at 8:47 p.m. Juliann Stevens, Deputy City Clerk 2 Steve Cataudella, Chair Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amount OPWA JAMERICAN MUNICIPAL SERVICES CORP. 1COLLECTION SERVICES 1 28225 TOTAL OPWA 2$2.25 OPWA ADMINISTRATION AT &T CONSOLIDATED PHONE BILL 343.57 JPMORGAN CHASE BANK LOWES -BULBS 39.95 OFFICE DEPOT INC OFFICE SUPPLIES 101.85 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 236.50 UNIFIRST HOLDINGS LP UNIFORM SERVICE 30.90 UNIFIRST HOLDINGS LP UNIFORM SERVICE 9.16 JPMORGAN CHASE BANK CARTRIDGE WORLD -TONER 99.99 UNIFIRST HOLDINGS LP UNIFORM SERVICE 40.59 UNITED STATES CELLULAR CORPORATION CELL PHONE SERVICE 56.43 XEROX CORPORATION COPIER MAINTENANCE 950.27 DOERNER, SAUNDERS, DANIEL & ANDERSO LEGAL SERVICES - RWD 3 87.50 JPMORGAN CHASE BANK ARMOR PERSONAL - GLOVES 86.05 OKLAHOMA NATURAL GAS COMPANY UTILITY LOCATION 5,200.00 JPMORGAN CHASE BANK MURPHY SANITARY -SOAP 19.48 TOTAL OPWA ADMINISTRATION 7,302.24 UTILITY BILLING JPMORGAN CHASE BANK POSPAPER.COM- RECEIPT TAPE 94.33 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES 1,195.63 KATHLEEN A BALSIGER METER READER 255.15 TODD C. KIMBALL METER READER 404.55 DAVID R. OLINGHOUSE METER READER 441.00 TYRONE EUGENE DINKINS METER READER 574.80 MARK MEYER METER READER 322.65 OFFICIAL PAYMENTS CORPORATION BILLING SERVICES 3.00 DAVID R. OLINGHOUSE METER READER 270.45 KATHLEEN A BALSIGER METER READER 152.10 TODD C. KIMBALL METER READER 20.70 NOLAN RAY LANE METER READER 75.15 TYRONE EUGENE DINKINS METER READER 312.60 AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 5.32 TOTAL UTILITY BILLING 4,127.43 WATER JPMORGAN CHASE BANK OWASSO LUMBER - BLOCKS 25.90 JPMORGAN CHASE BANK WATER PROD -6" MAXI FITS 594.00 JPMORGAN CHASE BANK WATER PROD - SADDLES 194.75 CITY GARAGE OVERHEAD CHGS - FEB 2010 833.33 JPMORGAN CHASE BANK BROWN FARMS -SOD 65.00 JPMORGAN CHASE BANK BROWN FARMS -SOD 65.00 JPMORGAN CHASE BANK BROWN FARMS -SOD 65.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE 48.43 JPMORGAN CHASE BANK LOWES- LEVEL /HAND TOWELS 41.46 Page 1 Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amouni WATER.. FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 999.85 CITY GARAGE VEHICLE & TRUCK PARTS 227.04 UNIFIRST HOLDINGS LP UNIFORM SERVICE 48.43 JPMORGAN CHASE BANK WATER PROD -PVC FITTINGS 89.57 JPMORGAN CHASE BANK ATWOODS -RIVER ROCK 24.43 JPMORGAN CHASE BANK WATER PROD - SADDLES 1,810.03 JPMORGAN CHASE BANK WAYEST -WATER FIT TESTING 200.00 JPMORGAN CHASE BANK CITY OF TULSA -WATER 55,251.52 JPMORGAN CHASE BANK CITY OF TULSA -WATER 99,999.00 JPMORGAN CHASE BANK LOWES- SPRINKLER PARTS 5.01 TWIN CITIES READY MIX, INC CONCRETE 380.25 TOTAL WATER 160,968.00 WASTEWATER TREATMENT JPMORGAN CHASE BANK FISHER SCI - ELECTRODE 584.93 JPMORGAN CHASE BANK GRAINGER- LAMPS /STARTER 175.96 JPMORGAN CHASE BANK GRAINGER - HOSES /BELTS 649.41 DAVID JENKINS AND ASSOCIATES, INC MICROSCOPIC ANALYSIS 500.00 JPMORGAN CHASE BANK NORTH CENTRAL - SUPPLIES 72.88 JPMORGAN CHASE BANK BA ELECTRIC -MOTOR STARTER 444.16 JPMORGAN CHASE BANK FASTENAL -ROLL PINS 12.06 JPMORGAN CHASE BANK ANCHOR PAINT - BUCKET 414 JPMORGAN CHASE BANK HOME DEPOT - RATCHET STRAP 13.96 JPMORGAN CHASE BANK WAYEST -WWTP FIT TESTING 160.00 JPMORGAN CHASE BANK LOWES- CUTTING BLADES 4792 JPMORGAN CHASE BANK LOWES -PARTS 2970 JPMORGAN CHASE BANK GREEN COUNTRY - SUPPLIES 30.00 JPMORGAN CHASE BANK HACH COMPANY - SUPPLIES 495.03 JPMORGAN CHASE BANK HACH COMPANY - SUPPLIES 342.78 JPMORGAN CHASE BANK HACH COMPANY - SUPPLIES 87.05 JPMORGAN CHASE BANK FISHER - SUPPLIES 224.43 JPMORGAN CHASE BANK FORT BEND - POLYMER 2,790.00 JPMORGAN CHASE BANK WASTE MGMT- SLUDGE REMOVAL 3,108.94 JPMORGAN CHASE BANK WATER PROD -BOLT PACKS 168.80 JPMORGAN CHASE BANK GREEN CO TESTING - TESTING 80.00 JPMORGAN CHASE BANK GREEN CO TESTING - TESTING 200.00 CITY GARAGE VEHICLE & TRUCK PARTS 346.93 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 751.03 JPMORGAN CHASE BANK GREEN CO TESTING - TESTING 40.00 JPMORGAN CHASE BANK GREEN CO TESTING - TESTING 30.00 JPMORGAN CHASE BANK LOWES -BELTS 2.84 JPMORGAN CHASE BANK HACH CO- SUPPLIES FOR LAB 166.54 JPMORGAN CHASE BANK HACH CO- SUPPLIES FOR LAB 109.43 UNIFIRST HOLDINGS LP UNIFORM SERVICE 5989 JPMORGAN CHASE BANK PET STOP -AIR STONES 5.56 UNIFIRST HOLDINGS LP UNIFORM SERVICE 53.56 Page 2 Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amouni WASTEWATER TREATMENT.. CITY GARAGE OVERHEAD CHGS - FEB 2010 333.33 OKLAHOMA WATER & POLLUTION CONTROL MEMBERSHIP 70.00 OCT EQUIPMENT, LLC MACHINE MAINTENANCE 497.65 JPMORGAN CHASE BANK WALMART -ICE CHEST 9.88 AT &T CONSOLIDATED PHONE BILL 12522 JPMORGAN CHASE BANK GREEN CO TESTING - TESTING 30.00 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 137.93 TREASURER PETTY CASH BOOT REPAIR 17.50 TOTAL WASTEWATER TREATMENT 13,009.44 WWTP EXPANSION CRAFTON, TULL AND ASSOCIATES, INC INSPECTION SERVICES 11,092.48 TOTAL WWTP EXPANSION 11,092.48 WASTEWATER COLLECTION! JPMORGAN CHASE BANK ATWOODS- SUPPLIES 52.93 JPMORGAN CHASE BANK AUTOZONE- ANTIFREEZE 69.95 JPMORGAN CHASE BANK BA ELECTRIC - ALTERNATOR 220.00 JPMORGAN CHASE BANK LOWES -TOOLS 21.94 JPMORGAN CHASE BANK WAYEST - WASTEWATER TEST 320.00 JPMORGAN CHASE BANK GRAINGER -FLOAT SWITCH 52.88 JPMORGAN CHASE BANK J & R EQUIP -JET RODDER 2,387.18 VERDIGRIS VALLEY ELECTRIC COOP DOUBLE OAKS ELECTRIC 7.62 JPMORGAN CHASE BANK SMITH &LOVELESS -DOME KIT 170.51 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 871.12 CITY GARAGE VEHICLE & TRUCK PARTS 414.51 JPMORGAN CHASE BANK SMITH &LOVELESS - FREIGHT 6.16 JPMORGAN CHASE BANK OREILLY -LENS DEFOGGER 3.99 AT &T CONSOLIDATED PHONE BILL 69.12 CITY GARAGE OVERHEAD CHGS - FEB 2010 666.66 UNIFIRST HOLDINGS LP UNIFORM SERVICE 45.31 VERDIGRIS VALLEY ELECTRIC COOP COFFEE CREEK ELECTRIC 313.83 VERDIGRIS VALLEY ELECTRIC COOP WATER CONTROL ELECTRIC 25.50 JPMORGAN CHASE BANK LOWES- CONCRETE MIX 17.30 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECTRIC 127.23 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECTRIC 236.09 JPMORGAN CHASE BANK ATWOODS- SCRUBBING WIPES 9.79 UNIFIRST HOLDINGS LP UNIFORM SERVICE 4530 TOTAL WASTEWATER COLLECTIONS 6,154.92 REFUSE COLLECTIONS UNIFIRST HOLDINGS LP UNIFORM SERVICE 37.43 UNIFIRST HOLDINGS LP UNIFORM SERVICE 37.43 CITY GARAGE OVERHEAD CHGS - FEB 2010 3,333.33 UNITED STATES CELLULAR CORPORATION CELL PHONE SERVICE 56.43 AT &T CONSOLIDATED PHONE BILL 20.87 JPMORGAN CHASE BANK ALSUMA TRUCK -TRASH GUARD 462.08 Page 3 Claims List 03/16/10 Budget Unit Title Vendor Name Payable Description Payment Amouni REFUSE COLLECTIONS... JPMORGAN CHASE BANK BUMPER TO BUMPER -FLUID 3.19 JPMORGAN CHASE BANK BUMPER TO BUMPER -PAINT 7.16 JPMORGAN CHASE BANK BUMPER TO BUMPER -FUSE 18.99 CITY GARAGE VEHICLE & TRUCK PARTS 2,797.42 FLEETCOR TECHNOLOGIES FUELMAN - FEB 2010 4,358.54 WORKHEALTH SOLUTIONS, LLC HEPATITUS B 40.55 WORKHEALTH SOLUTIONS, LLC HEPATITUS A +B 300.55 JPMORGAN CHASE BANK TULSA CLEANING - WASHER PRT 43.38 JPMORGAN CHASE BANK WASTE MGMT -REF TIP FEES 6,037.73 JPMORGAN CHASE BANK AMERIFLEX HOSE - HYDRAULIC 103.70 TOTAL REFUSE COLLECTIONS 17,658.78 RECYCLE CENTER WORKHEALTH SOLUTIONS, LLC HEPATITUS A +B 130.00 NATIONAL WASTE & DISPOSAL, INC. GLASS ROLL OFF 200.00 CITY GARAGE VEHICLE & TRUCK PARTS 14922 AT &T CONSOLIDATED PHONE BILL 20.87 UNIFIRST HOLDINGS LP UNIFORM SERVICE 1148 JPMORGAN CHASE BANK WASTE MGMT -REC TIP FEES 1,061.79 JPMORGAN CHASE BANK WASTE MGMT -REC ROLLOFFS 2,421.14 CITY GARAGE OVERHEAD CHGS - FEB 2010 166.66 UNIFIRST HOLDINGS LP UNIFORM SERVICE 13.48 TOTAL RECYCLE CENTER 4,176.64 224,772.1 FUND GRAND TOTAL OPWA GRAND TOTAL $2245772.18 Page 4 Department OPWA Administration Utility Billing Water Wastewater Wastewater Collection Refuse Recycle Center E 76th St San Interceptor OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING 02/27/10 Payroll Expenses Total Expenses 9,248.44 4,619.20 10,495.09 11,703.89 6,806.66 9,031.78 1,046.40 1,000.00 13,217.74 7,541.60 17,167.03 18,838.39 10,901.45 14,073.66 1,800.37 1,137.00 FUND TOTAL 53,951.46 84,677.24 OWASSO PUBLIC WORKS AUTHORITY - OPERATING FUND FISCAL YEAR 2009 -2010 Statement of Revenues & Expenses As of February 28, 2010 OPERATING REVENUES: Water Wastewater Refuse & recycle Proceeds of OW RB debt Other fees Interest & other TOTAL OPERATING REVENUES OPERATING EXPENSES: Personal services Materials & supplies Other services Capital outlay Debt service TOTAL OPERATING EXPENSES REVENUES OVER EXPENSES TRANSFERS IN (OUT) Transfers in Transfers out TOTALTRANSFERS MONTH YEAR TO -DATE TO -DATE 285,978 2,763,889 260,327 2,098,394 122,106 1,084,049 1,121,479 1,486,279 25,038 255,858 2,633 218,952 1,817,562 7,907,422 171,773 1,506,808 199,633 1,868,339 82,265 727,397 57,508 789,923 187,553 1,738,272 698,733 6,630,739 4,000,000 3,021,600 1,636,720 19,325,000 366,000 229,894 28,579,214 2,310,462 2,793,515 1,786,150 18,097,862 2,351,393 PERCENT 69.10% 69.45% 66.23% 7.69% 69.91% 65.22% 66.88% 40.72% 4.36% 27,339,382 24.25% 1,118,829 1,276,683 1,239,832 114,850 299,184 38.39% (260,868) (260,868) (2,000,000) 13.04% (260,868) (146,018) (1,700,816) 8.59% NET INCOME (LOSS) 857,961 1,130,665 (460,984) WORKING CAPITAL - Beginning Balance WORKING CAPITAL - Ending Balance 1,298,242 600,000 2,428,907 139,016 MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: ROGER STEVENS PUBLIC WORKS DIRECTOR SUBJECT: MEADOWCREST GRAVITY SEWER RELIEF LINE PROJECT DATE: March 12, 2010 BACKGROUND: The Meadowcrest lift station was constructed in 1976. The lift station is currently operating at approximately 80% of its rated capacity and provides service to Meadowcrest and Maple Glenn I subdivisions. Additional development in this area is anticipated to occur over the next 5 to 15 years, at which time the sanitary flow to the lift station is projected to be 1.0 mgd (490% over its rated capacity). SCOPE OF PROJECT: In May 2009, City of Owasso engineering and operations staff began discussions concerning needed improvements to the Meadowcrest lift station in order to accommodate future residential and commercial development. Two alternatives were analyzed: (1) upgrading the existing lift station infrastructure (pumps, force main, gravity sewer) and (2) eliminating the lift station and constructing gravity sewer line to connect to the Ranch Creek Interceptor. Following staff discussions of both alternatives, it was realized that the construction of a new gravity sewer line from the southwest corner of the Meadowcrest subdivision through the new phase of the sports complex to East 106th Street and Mingo was the best viable option (See Attachment A). Benefits of this proposed project include: • Reduction of wet weather sanitary sewer overflows in the Hale Acres subdivision, as noted in the Consent Order (No. 10 -036) provided by ODEQ • Access to the proposed gravity sewer relief line for approximately 350 non - developed acres • Provision of several access points for Sports Park users • Elimination of electrical, mechanical, and maintenance costs associated with the Meadowcrest Lift Station The estimated project cost is $550,000 — which includes engineering design, utility easement acquisition and construction. In addition, Owasso Land Trust Development has agreed to contribute approximately $180,000 towards these improvements; thus, the project cost for the Owasso Public Works Authority is approximately $370,000. Page 2 Meadowcrest Gravity Sewer Relief Line Project FUNDING: This project will be funded through the Owasso Public Works Authority and Owasso Land Trust Development. Once the total project cost has been determined and construction is complete, the staff anticipates bringing forth a future request for Trustee consideration of a per acre pay -back fee to be assessed for connection to the sanitary sewer line. RECOMMENDATIONS: Staff recommends Trustee approval of the Meadowcrest Gravity Sanitary Sewer Relief Line Project. ATTACHMENTS: A. Site Map 4 MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: ROGER STEVENS PUBLIC WORK DIRECTOR SUBJECT: AGREEMENT FOR ENGINEERING SERVICES - MEADOWCREST GRAVITY SEWER RELIEF LINE PROJECT DATE: March 12, 2010 BACKGROUND: The Meadowcrest lift station was constructed in 1976. The lift station is currently operating at approximately 80% of its rated capacity and provides service to Meadowcrest and Maple Glenn I subdivisions. Additional development in this area is anticipated to occur over the next 5 to 15 years, at which time the sanitary flow to the lift station is predicted to be 1.0 mgd (490% over its rated capacity). In May 2009, City of Owasso engineering and operations staff began discussions with Kellogg Engineering concerning needed improvements to the Meadowcrest lift station in order to accommodate residential and commercial development. Two alternatives were analyzed: (1) upgrade the existing infrastructure (pumps, force main, gravity sewer) and (2) eliminating the lift station and constructing a gravity sewer line to connect to the Ranch Creek Interceptor. Following staff discussions of both alternatives, it was realized that the construction of a new gravity sewer line from the southwest corner of the Meadowcrest subdivision through the new phase of the sports complex to East 106th Street and Mingo was the best viable option (See Attachment A). Benefits of this proposed project include: • Reduction of wet weather sanitary sewer overflows in the Hale Acres subdivision, as noted in the Consent Order (No. 10 -036) provided by ODEQ • Access to the proposed gravity sewer relief line for approximately 350 non - developed acres • Provision of several access points for Sports Park users • Elimination of electrical, mechanical, and maintenance costs associated with the Meadowcrest Lift Station PROJECTED COST: The project is estimated to cost $550,000 (See Attachment B). Owasso Land Trust Development has agreed to contribute approximately $180,000 toward these improvements. These funds were originally allocated by the developer to upgrade the existing pump station; however, after the Agreement for Engineering Services Meadowcrest Gravity Sewer Relief Line Project Page 2 of 3 analysis was performed on the two alternatives, the developer agreed to utilize the funds toward the Meadowcrest Gravity Relief Sewer Line. Thus, the project cost for the Owasso Public Works Authority is approximately $370,000. ENGINEERING SERVICES AGREEMENT: As mentioned above, City staff and Kellogg Engineering performed analysis concerning needed improvements. As a result of the consultant's qualifications and familiarity with the project, City staff is recommending Kellogg Engineering perform the proposed engineering services. Engineering Services to be performed by the engineer under the proposed agreement include: • Preparation of preliminary and final design for the Meadow Crest Relief Line Project (including design survey, mapping and geotechnical investigation); • Preparation of contract documents including drawings, specifications and permit applications for the project; • Bid related assistance; and, • Prepare final as -built record drawings to City standards and submit in AutoCAD and mylar form. Following discussions concerning the scope of services, Kellogg Engineering staff developed staff -hour projections and submitted a fee proposal in the amount of $38,370 or 7.5% of the estimated construction cost (See Attachment B). PROJECT SCHEDULE: It is anticipated that the design work will be completed by May 2010, enabling the start of construction by November 2010. The detailed proposed schedule is as follows: • Notice to Proceed to Greeley & Hansen from the Authority — March 2010 • Complete Design Process — May 2010 • Authority Review — June 2010 • ODEQ Review — August 2010 • Utility Easement Acquisition — August 2010 • Advertise for Bids — September 2010 • Receive Bids — October 2010 • Authority Approval/Notice to Proceed — November 2010 Agreement for Engineering Services Meadowcrest Gravity Sewer Relief Line Project Page 3 of 3 FUNDING: Funding for this engineering service is included in the FY 2009 -2010 Wastewater Collection Budget. The construction phase will be funded through a joint public /private partnership. In addition, once the total project cost has been determined and construction is complete, the staff anticipates bringing forth a future request for Trustee consideration of a per acre pay -back fee to be assessed for connection to the sanitary sewer line. RECOMMENDATION: Staff recommends OPWA Trustee approval of an Agreement for Engineering Services with Kellogg Engineering, (Talala, Oklahoma) for the purpose of designing the Meadowcrest Gravity Sewer Relief Line project in the amount of $38,370.84 and authorization for the OPWA Chairman to execute the agreement. ATTACHMENTS: A. Site Map B. Agreement for Engineering Services — Meadow Crest Gravity Sewer Relief Line Project 4 ATTACHMENT B AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MEADOWCREST GRAVITY SEWER RELIEF LINE DESIGN THIS AGREEMENT, made and entered into this day of , 2010 between the CITY OF OWASSO, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and KELLOGG ENGINEERING, INC. hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to construct a gravity sewer line between the Meadowcrest Lift Station and the Ranch Creek Interceptor Sewer that will allow for the removal of the Meadowcrest Lift Station and will provide for sanitary sewer service to a new sanitary sewer basin, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the Owasso Public Works Authority operating budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE /HOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a AGREEMENT WITH KELLOGG ENGINEERING.DOCX C -1 good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost/ execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. AGREEMENT WITH KELLOGG ENGINEERING.DOCX 2 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. AGREEMENT WITH KELLOGG ENGINEERING.DOCX C -3 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval by CITY. 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Mr. Brian Kellogg KELLOGG ENGINEERING, INC. 6755 S. 4060 Rd. Talala, OK 74080 To CITY: Mr. Roger Stevens, Public Works Director CITY OF OWASSO 301 W 2nd Avenue Owasso, Oklahoma 74055 AGREEMENT WITH KELLOGG ENGINEERING.DOCX C -4 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff initially and as needed thereafter to manage the project and will be available for one public meeting or City of Owasso presentation. AGREEMENT WITH KELLOGG ENGINEERING.DOCX C -5 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Brian Kellogg as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. APPROVED: City Clerk APPROVED AS TO FORM: L�►eQ,C� ity Attorney ENGINEER Is Date CITY OF OWASSO, OKLAHOMA Mayor Date AGREEMENT WITH KELLOGG ENGINEERING.DOCX C -6 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MEADOWCREST GRAVITY SEWER RELIEF LINE DESIGN Scope of Project Attachment A _SCOPE OF PROTECT. The PROJECT shall consist of civil engineering SERVICES described as follows: Design of a gravity sewer main to provide service to a new sanitary sewer drainage basin and to allow for the removal of the existing Meadowcrest Lift Station. The downstream connection of the sewer will begin on the north side of E 106th Street N where the Ranch Creek Intercptor Sewer crosses E 106th St. N. The sewer will continue east along the north side of E 106th St. N across Mingo Road and the ATSF Railroad line to the City owned Sports Park South property. The line will proceed northeast through the Sports Park to a point along the east property line of the park located immediately west of the Meadowcrest Lift Station. Easements will be obtained from private property owners located between this point and the lift station. The line will continue to the lift station at an elevation low enough to provide for a gravity connection to all sewer mains that currently flow into the lift station. The lift station and appurtances will be decommissioned as part of the project and the area disturbed will be restored. AGREEMENT WITH KELLOGG ENGINEERING.DOCX 7 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MEADOWCREST GRAVITY SEWER RELIEF LINE DESIGN Scope of Services Attachment B The services to be performed by the ENGINEER under this AGREEMENT will consist of providing civil engineering services for the SERVICES presented in Attachment A, as directed by the City by a noice to proceed or in a work order. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that all reviews and conceptual designs will be prepared in accordance with the City of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks necessary to complete this assignment: B.1.a) Obtain topographic survey and property boundary information for design B.1.b) Obtain geotechnical investigation of the proposed alignment at sufficient spacing to establish presence of rock or other stratum that will affect cost B.l.c) Determine the line size requirement based upon the potential basin boundary B.1.d) Construction plans developed to Owasso and ODEQ standards B.1.e) Bid documents prepared in accordance with Owasso standards B.l.f) Apply for Army Corps of Engineers 404 permit and obtain permit B.1.g) Prepare legal descriptions for all right -of -way and easements to be acquired B.l.h) Prepare application and obtain permit requirements to bore under the railroad ROW B.l.i) Provide construction plans to the City for review at 50% and 100% complete B.1.j) Prepare application, apply to ODEQ for permit and obtain permit B.11) Submit final set of reproducible Construction Plans and bid documents B.1.1) Plan -in -hand meeting with the City at 50% complete B.1.m) Attend preconstruction conference B.1.n) Prepare a bid tabulation B.1.o) Make periodic site visits during construction and submit report to City B.1.p) Obtain topographic survey from Contractor's surveyor and prepare final as- built record plans to City standards and submit in AutoCAD and mylar form B.2. Assumptions and limitatiions of the engineering services: B.2.a) No other environmental studies or permits are required B.2.b) Legal fees for right -of -way acquisition, if required, are by others B.2.c) Construction staking will be provided by the general contractor B.2.d) The Engineer is exempt from paying City of Owasso review fees B.2.e) Record ( "as- built ") survey data will be obtained by the Contractor who must use an Oklahoma Registered land surveyor to obtain the survey AGREEMENT WITH KELLOGG ENGINEERING.DOCX C -8 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MEADOWCREST GRAVITY SEWER RELIEF LINE DESIGN Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records, etc: To furnish, as required by the work, and not at the expense of the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT C.1.2 Standard construction drawings and standard specifications C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access: Provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance: Designate the Public Works Director or another individual designated in writing to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including excavations to determine depth. C.3.2 Furnish legal assistance as required in the preparation of bidding, property acquisition, construction and other supporting documents. C.4 Review: Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. AGREEMENT WITH KELLOGG ENGINEER] NG.DOCX 9 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MEADOWCREST GRAVITY SEWER RELIEF LINE DESIGN Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation For the work under this project the total maximum billing including direct costs and subconsultant services shall be $38,376.84 which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates: All Subconsultant and Other Professional Associate costs are included in the Total Compensation. Services of subcontractors and other professional consultants shall be compensated for at actual cost. Sub - consultants to be used must be authorized in advance by CITY. D.3 Other Direct Costs: All Direct Costs are included in the Total Compensation. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses are included in the maximum fee.. D.3.3 Any other direct costs shall be compensated for at actual cost when authorized in advance by CITY. D.4 Additional Services: Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services: If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. D.6 Conditions of Payment D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. AGREEMENT WITH KELLOGG ENGINEERING.DOCX C -10 D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. AGREEMENT WITH KELLOGG ENGINEERING.DOCX C -11 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MEADOWCREST GRAVITY SEWER RELIEF LINE DESIGN Billing Rate Sheet Attachment E KELLOGG ENGINEERING, INC. Current Hourly Fee Schedule Effective January 1, 2010 Principal- Engineer ....... ............................... $110 /hour Project Manager ........ ............................... $100 /hour Registered Professional Engineer ......................... $95 /hour Engineering /Drafting GIS Technician ....................... $75 /hour Inspector .................. .......................... $45 /hour Clerical............... ............................... $30 /hour Direct Expenses ........ ............................... Cost +15% Travel................ ............................... $0.55 /mile Geotechnical Engineer .... ............................... $95 /hour Survey Crew ......... ............................... $125 /hour Registered Surveyor ..... ............................... $75 /hour AGREEMENT WITH KELLOGG ENGINEERING.DOCX C -12 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MEADOWCREST GRAVITY SEWER RELIEF LINE DESIGN Schedule Attachment F F. SCHEDULE. The schedule for general engineering services for the PROJECT is provided as follows: F.1. Notice to Proceed: March 17, 2010 F.2. Substantial Completion: May 15, 2010 AGREEMENT WITH KELLOGG ENGINEERING. DOCX C -13 MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: STEVEN F. ALBERT, P.E., CFM CITY ENGINEER SUBJECT: AGREEMENT FOR ENGINEERING SERVICES WATER SYSTEM HYDRAULIC MODELING PROJECT DATE: March 12, 2010 BACKGROUND: The City of Owasso maintains an extensive and up -to -date water system atlas. Using that atlas, the City needs to establish a working hydraulic model of the system upon which strategic planning and local development decisions can be properly based. The water model previously developed as part of the 2001 Water Master Plan Report is now obsolete. The previous model was used to determine the priority of system improvements subsequently completed since that time including construction of the Bailey Water tower, the new Tulsa water connection and 30" water main along 106th Street and the separation of the city into two water pressure planes. The new water model will be used to verify the need for and timing of the remaining improvements identified in the 2001 Master Plan, to identify current weaknesses (if any) in the existing city water system and to begin prioritizing future system improvements needed to serve the growth of the community and regulations to be adopted by the U.S. EPA. QUALIFICATIONS BASED SELECTION PROCESS: Staff solicited qualifications from five engineering firms using a detailed Request for Proposal. All five firms responded with extensive proposals outlining their understanding of the Owasso water system, their strategy for successfully completing the modeling project, their experience with similar projects and their staff qualifications. The Engineering Division reviewed and graded the proposals using the criteria identified in the Request for Proposal. TBR Engineering, LLC of Broken Arrow, Oklahoma was rated the most qualified firm to complete the study. Based upon their submitted proposal and after further discussions between city staff and the consultant, the fee negotiation was finalized for the desired scope of services for the water system hydraulic modeling project. The maximum fee for the project including all direct costs and reimbursable expenses is $96,472.76. Also included in this fee is the cost of acquiring two data logging devices and a flow measuring device. They will be used by the consultant during the study and then turned over to the city for water department use. FUNDING: Funding for this project is included FY 2009 -2010 Water Distribution Operating Budget. RECOMMENDATION: Staff recommends OPWA Trustee approval of the Water System Hydraulic Modeling Project and the Agreement for Engineering Services with TBR Engineering, LLC of Broken Arrow, Oklahoma for the purpose of completing this project in the amount of $96,472.76 and authorization for the Chairman to execute the agreement. ATTACHMENTS: A. Agreement for Engineering Services — Water System Hydraulic Model AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK WATER SYSTEM HYDRAULIC MODEL THIS AGREEMENT, made and entered into this day of . 2010 between the CITY OF OWASSO, Oklahoma, a Municipal Corporation of Oklahoma, hereinafter referred to as CITY, and TBR ENGINEERING, LLC. hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to to establish a Water -CAD based hydraulic model of the city water distribution network to enable the city to make strategic planning and local development decisions in a proper manner and to utilize this model to develop a list of projects to address future growth in demand including the establishment of a priority ranking of these projects, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the Owasso Public Works Authority operating budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE / HOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of AGREEMENT WITH TBR ENGINEERING LLC.DOCX C-1 performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost/ execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. AGREEMENT WITH TBR ENGINEERING LLC.DOCX 2 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. AGREEMENT WITH TBR ENGINEERING LLC.DOCX C -3 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $500,000, deductibles subject to approval by CITY. 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Mr. Tommy E. Kitchen, P.E. TBR ENGINEERING, LLC 1119 West Vicksburg Ct Broken Arrow, OK 74011 To CITY: Mr. Roger Stevens, Public Works Director CITY OF OWASSO 301 W 2nd Avenue Owasso, Oklahoma 74055 AGREEMENT WITH TBR ENGINEERING LLC.DOCX C -4 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff initially and at PROJECT phase completion to manage the project and will be available for one public meeting or City of Owasso presentation. AGREEMENT WITH TBR ENGINEERING LLC.DOCX C -5 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Tommy Kitchen as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. APPROVED: City Clerk APPROVED AS TO FORM: nj�q LMMLcurli- G(ty Attorney ENGINEER Date CITY OF OWASSO OKLAHOMA Mayor Date —/_/ AGREEMENT WITH TBR ENGINEERING LLC.DOCX C-6 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK WATER SYSTEM HYDRAULIC MODEL Scope of Project Attachment A SCOPE OF PROJECT. The PROJECT shall consist of civil engineering SERVICES described as follows with limitations and assumptions noted: A. Convert AutoCAD -based CITY Water Atlas to WaterCAD -based hydraulic model A.1 Conversion to generally include pipes six(6)inch diameter and larger and fire hydrant locations as necessary to facilitate flow tests required for calibration of the model. A.2 Elevations, piping alignments, tank locations, control valve locations, etc. will be determined as shown in the CITY Water Atlas without the need for survey. A.3 Piping connections will be modeled based on the City Water Atlas and guidance from CITY staff. A.4 Operational set points will be provided by CITY staff. B. Model Calibration B.1 Engineering will develop appropriate diurnal patterns based on billing records and sound engineering practice B.2 CITY staff will deploy and retrieve data loggers as directed by ENGINEER. B.3 CITY staff will perform flow tests as directed by ENGINEER. B.4 CITY will furnish tank level information. B.5 Calibration will be appropriate for planning purposes. C. Hydraulic Modeling C.1 Determine system weakness as demonstrated by residual pressures at or below 25 psi during current day conditions with fire flow. The ENGINEER and CITY will agree to base demand magnitude, fire flow magnitude, fire flow location, fire flow duration, and fire flow diurnal application. C.2 Determine system weakness as demonstrated by residual pressures at or below 25 psi during two (2) future day conditions with fire flow. The ENGINEER and CITY will agree to base demand magnitude, fire flow AGREEMENT WITH TBR ENGINEERING LLC.DOCX 7 magnitude fire flow location, fire flow duration, and fire flow diurnal application. D. Program Development D.1 Use hydraulic model to determine solutions for system weaknesses. D.2 Provide planning level cost estimates for improvements. D.3 Review demand basis for, possible deferment of, and re- prioritizing of water line improvements proposed in the City 2001 Water Master Plan Report. AGREEMENT WITH TBR ENGINEERING LLC.DOCX C -8 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK WATER SYSTEM HYDRAULIC MODEL Scope of Services Attachment B The services to be performed by the ENGINEER under this AGREEMENT will consist of providing civil engineering services for the SERVICES presented in Attachment A, as directed by the City by a Notice to Proceed. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that all reviews and conceptual designs will be prepared in accordance with the City of Owasso design criteria and specifications for construction. Basic Services of ENGINEER. The basic services of the ENGINEER shall consist of three (3) phases as described below and shall include, but are not limited to the following tasks: B.1. Phase 1: Mobilization System Development and Calibration B.1.1 Attend and conduct a pre - project conference at the City of Owasso Public Works Department. B.1.2 Perform the translation of the CITY water atlas from AutoCAD to WaterCAD and develop the base hydraulic model in WaterCad. Define preliminary demand magnitude, diurnal variation, and distribution. B.1.3 Study the CITY water system and conduct sufficient reconnaissance and meetings with staff to fully understand the system layout and operation. B.1.4 Identify locations for data recording and fire flow testing. B.1.5 Perform preliminary calibration. B.1.6 Attend and conduct a progress meeting at completion of Phase 1 and provide three (3) copies of Phase 1 report. B.2 Phase 2: Hydraulic Modeling B.2.1 Refine demand magnitude, demand distribution, demand diurnal variation, and modeling parameters as needed. B.2.2 Identify locations for data recording and fire flow testing. B.2.3 Perform additional calibration as needed to achieve a 5 psi range of accuracy in field measurement vs. pressure predicted by the model. AGREEMENT WITH TBR ENGINEERING LLC.DOCX C -9 B.2.4 Identify water distribution system weaknesses based on predicted residual pressures near (or under) 25 psi for system demands to be agreed upon by ENGINEER and CITY. B.2.5 Attend and conduct a progress meeting at completion of Phase 2 and provide three (3) copies of the Phase 2 report. B.3 Phase 3. Program Development B.3.1 Perform iterative extended period simulations and develop critical system improvements to restore system performance where weaknesses were detected in the Phase 2 analysis. B.3.2 Review demand basis for and possible deferment of water line improvements proposed in 2001 Water Master Plan Report. B.3.4 Establish revised priority list of future water system improvement projects. B.3.5 Develop planning level cost estimates for the priority list of system improvements identied in B.3.4 above. B.3.6 Attend and conduct a progress meeting at completion of Phase 3 and provide three (3) draft -final copies of Phase 3 reports. B.3.7 Modify draft final report based upon review comments received from the CITY and provide eight (8) copies of the final report. B.3.8 Supply the WaterCAD model of CITY water distribution system on CD. B.3.9 Supply the City with the following equipment that was utilized during the course of the project (manufactured by PollardWater.com): 1) Two hydrant data loggers 2) Two security covers (for data loggers) 3) One interface cable (logger to laptop) 4) One software package (for logger data download) 5) One fire flow test kit (pitot guage) AGREEMENT WITH TBR ENGINEERING LLC.DOCX C -10 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK WATER SYSTEM HYDRAULIC MODEL Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records etc: To furnish, as required by the work, and not at the expense of the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT C.1.2 Standard construction drawings and standard specifications C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access: Provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance: Designate the Public Works Director or another individual designated in writing to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including excavations to determine depth. C.3.2 Furnish legal assistance as required in the preparation of bidding, property acquisition, construction and other supporting documents. C.3.3 Furnish CITY staff assistance to deploy and retreive data loggers and to perform fire flow tests as directed by the ENGINEER. CA Review: Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. AGREEMENT WITH TBR ENGINEERING LLC.DOCX C -11 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK WATER SYSTEM HYDRAULIC MODEL Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation For the work under this project the total maximum billing including direct costs and subconsultant services shall be $96,472.76 which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates: All Subconsultant and Other Professional Associate costs are included in the Total Compensation. Services of subcontractors and other professional consultants shall be compensated for at actual cost. Sub - consultants to be used must be authorized in advance by CITY. D.3 Other Direct Costs: All Direct Costs are included in the Total Compensation. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses are included in the maximum fee.. D.3.3 Any other direct costs shall be compensated for at actual cost when authorized in advance by CITY. DA Additional Services: Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services: If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. D.6 Conditions of Payment D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. AGREEMENT WITH TBR ENGINEERING LLC.DOCX C -12 D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. AGREEMENT WITH TBR ENGINEERING LLC.DOCX C -13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK WATER SYSTEM HYDRAULIC MODEL Billing Rate Sheet Attachment E OWASSO WATER SYSTEM HYDRAULIC MODELING PROJECT ESTIMATED FEES DESIGN PRINCIPAL SENIOR PROJ. ENGR ITEM ENGR? PM ENGR ENGR, TECH CLERICAL TOTAL Hour Rate $53.00 1 $43.00 $35.00 $28.00 $18.00 PHASE 1 - Mobilization, System Development. & Calibration PROJECT MANAGEMENT 4 16 20 DATA RESEARCH 60 8 68 MODEL DATA INPUT 48 48 96 DETERMINE FLOW TEST LOCATIONS 8 16 24 SITE VISIT FLOW TEST WITNESS 2 8 8 2 18 MEETING 4 8 8 2 18 MODEL I FIELD DATA COMPARISON I CALIBRATION 2 16 60 78 REPORTS 2 6 16 8 :::L 16 48 QUALITY CONTROL 4 8 32 q4 Man -hour Subtotal, Phase 1 12 70 248 56 28 414 DIRECT LABOR $636.00 $3,010.00 $8,680.00 $1,568.00 $504.00 $ 14,398.00 INDIRECT LABOR (160 %) $1,017.60 $4,816.00 $13,888.00 $2,508.80 $806.40 $ 23,036.80 PROFIT ON LABOR (10 %) $165.36 $782.60 $2,256.80 $407.68 $131.04 $ 3,743A8 TRAVEL $ MATERIALS & SUPPLIES 150.00 PRINTING & REPRODUCTION $ 100.00 (5) PHASE 1 REPORTS $ 150.00 $ 100.00 Phase 1 -FEE SUBTOTAL $1,818.96 $8,608.60 $24,824.80 $4,484.48 $1,441.44 $ 41,678.28 PHASE 2 - Hydraulic Modeling PROJ CT MANAG ME 2 8 DA A RESEA H B 10 MODELING 8 120 24 144 SITE VISIT FLOW TEST WITNESS 2 8 8 i6 MEETING 2 4 4 MODEL / FIELD DATA COMPARISON/ 8 INDENTIFY SYSTEM DEFICIENCIES 1 8 40 49 REPORTS 1 8 40 16 8 73 QUALITY CONTROL 2 4 16 22 Man -hour Subtotal, Phase 2 6 40 236 40 8 330 DIRECT LABOR $318.00 S1,720.00 58,260.00 $1,120.00 $144.00 $ 11,562.00 INDIRECT LABOR (160 %) $508.80 52,752.00 $13,216.00 $1,792.00 $230.40 S 18,499.20 PROFIT ON LABOR (10 %) $82.68 5447.20 $2,147.60 $291.20 $37.44 $ 3,006.12 TRAVEL $ MATERIALS & SUPPLIES 150.00 PRINTING & REPRODUCTION $ $ 75.00 (5) PHASE 2 REPORTS 150.00 S 100.00 Phase 2 -FEE SUBTOTAL $909.48 1 $4,919.20 $23,623,60: $3,20320 $411.64 33,542.32 PHASE,3 - Pro gram Development PROJECT MANAGEMENT 4 8 PROJECT DEVELOPMENT / OPERATIONAL 12 CHANGES 8 REVIEW 2001 MASTER PLAN PROJECTS 4 16 60 B PREPARE PRELIMINARY COST ESTIMATES 32 8 80 MEETING (2) 4 4 40 REPORTS 4 16 8 8 g 36 QUALITY CONTROL 4 1 4 8 16 Man -hour Subtotal, Phase 3 12 1 36 128 16 1 8 200 DIRECT LABOR $636.00 $1,548.00 54,480.00 5448.00 $144.00 $ 7,266.00 INDIRECT LABOR (160 %) $1,017.60 $2,476.80 57,168.00 $716.80 $230.40 $ 11,609.60 PROFIT ON LABOR (10 %) $165.36 $402.48 $1,164.80 $116.48 $37.44 $ 1,886.56 TRAVEL $ 150.00 MATERIALS & SUPPLIES $ 100.00 PRINTING & REPRODUCTION $ 150.00 (5) PHASE 3 REPORTS $ 100.00 Phase 3 -FEE SU BTOTALI $1,818.96 1 $4,427.28 $12,812.80 $1,28128 1 $411.84 Is 21,262.16 TOTAL PROPOSED FEE 1 $ 96,472.76 AGREEMENT WITH TBR ENGINEERING LLC.DOCX C -14 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK WATER SYSTEM HYDRAULIC MODEL Schedule Attachment F F. SCHEDULE. The schedule for general engineering services for the PROJECT is provided as follows: F.1 Notice to Proceed: March 17, 2010 F.2 Substantial Completion: November 30, 2010 PROPOISEO PROJECT SCMFBIII F Agreement with TBR Engineering LLC.docx Page 15 of 15 NOTT—E TO PROCEED PROJECT MANAGEMENT DATA RESEARCH MODEL DATA INPUT DETERMINE FLOW TEST LOCATIONS SITE VISIT FLOW TEST VMNESS (2) MODE I FIELD DATA COMPARISON I CALIBRATIO MEMO REPORTS QUALITY CONTROL ■ O■ N■■ E ■MME■MEMEM■ME■ ■■E■■■■■■■M■■E■■■ PROJECT MANAGEMENT DATA RESEARCH ONE MODELINU MEETING (3) MODEL / FIELD DATA COMPARISON/ 1NDENTIFY SYSTEM DEFICIENCIES AL ONTROL PHASE 3 - Program Development PROJECT MANAGEMENT • •. •... ■ E■ E■ ME ■■ME■EE■■ ■■■■ M ■■■■■EN ■■■■ME■■ � MEMEMEMEMEMME ONE No MENNEN MEMMEME M REPORTS Agreement with TBR Engineering LLC.docx Page 15 of 15 MEMORANDUM TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: SHERRY BISHOP ASSISTANT CITY MANAGER, ADMINISTRATION SUBJECT: RESOLUTION NO 2010 -01 OWRB APPLICATION FOR LOAN RE- FINANCING DATE: March 11, 2010 BACKGROUND: The OPWA has an opportunity to convert a variable interest rate note to a fixed interest rate. The note was one of two loans for water and sewer system improvements secured by the OPWA in 1993 with the Oklahoma Water Resources Board (OWRB). Loan number FAP 92- 0107 -LB was a thirty-year variable interest rate note for $970,000. The OWRB has advised us that they are working with another city to issue a large fixed rate bond issue ($30+ million) that provides an opportunity for other OWRB borrowers to convert current variable rate loans to a fixed rate. The loan closing is not expected until early June, but the OWRB wants to proceed with its decision making process at their April board meeting. In order to meet that time frame, an application with the OWRB must be submitted next week (requested by March 19`h). Applications to the OWRB must be authorized by an OPWA resolution. The main advantage of this fixed rate conversion would be to eliminate the potential risk of future high interest rates. There is no cap on the current variable rate. The OWRB re -sets the rate quarterly when they re- market their bonds. The potential savings from this rate conversion is based on an assumption that interest rates would increase over the next twelve years. The historical average interest rate for this OWRB program (since 1986) has been 4.088 %. If rates stay at less than 4% over the next 12 years, there would not be considerable savings from this rate conversion. Much of the savings would come from reducing the term by three years. The estimated savings from this rate conversion ranges from $45,000 to more than $140,000 depending on future interest rates. The proposed re- financing would - ■ Refund the existing loan ($688,233.32 current balance), • Reduce the term to 9 years (from the remaining 12 years), • Fix an interest rate (3.0 % current estimate) • Fund a new debt service reserve (approximately $70,000, reduced from current $97,000) • Pay all costs of issuance ($26,000 estimate) OPWA RESOLUTION NO. 2010 -01: Resolution No. 2010 -01 authorizes an application with the OWRB to re- finance the Owasso FAP Series 1993B note. The resolution also hires The Public Finance Law Group PLLC (Allan Brooks) to serve as counsel for this re- financing. After approval by the OWRB, authorization for the actual re- financing would require additional action by the OPWA Trustees and the City Council at a future meeting. RECOMMENDATION: Staff recommends Trustee approval of OPWA Resolution No. 2010 -01 authorizing an application with the OWRB for loan re- financing. ATTACHMENTS: A. OPWA Resolution No. 2010 -01 B. Professional Services Agreement - Agreement for Bond Counsel Services with the Public Finance Law Group PLLC C. Refinancing Loan Application OWASO PUBLIC WORKS AUTHORITY RESOLUTION NO. 2010 -01 A RESOLUTION AGREEING TO FILE APPLICATION WITH THE OKLAHOMA WATER RESOURCES BOARD (THE "OWRB ") FOR FINANCIAL ASSISTANCE THROUGH THE STATE LOAN PROGRAM, WITH THE LOAN PROCEEDS BEING FOR THE PURPOSE OF REFINANCING CERTAIN INDEBTEDNESS OF THE OWASSO PUBLIC WORKS AUTHORITY, TULSA COUNTY, OKLAHOMA; APPROVING A PROFESSIONAL SERVICES AGREEMENT; AND CONTAINING OTHER PROVISIONS RELATED THERETO. WHEREAS, The Owasso Public Works Authority, Tulsa County, Oklahoma (the "Authority") has under consideration the refinancing of its Series 1993B Promissory Note to Oklahoma Water Resources Board dated April 1, 1993, in the original principal amount of $970,000 (the "1993B Note ") for the purpose of converting from a variable rate of interest to a fixed rate of interest (the "Refinancing "); and WHEREAS, it is deemed desirable for the Authority to give preliminary authorization for the issuance of obligations for such purpose; and WHEREAS, the Oklahoma Water Resources Board has made monies available to qualified entities for the financing of certain qualifying projects; and WHEREAS, the Authority hereby agrees to file an application(s) with the Oklahoma Water Resources Board for financial assistance in the aggregate amount as will be sufficient to pay certain costs associated with the referenced Refinancing. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY, TULSA COUNTY, OKLAHOMA: Section 1. Application. The Authority shall file an Application(s) with the Oklahoma Water Resources Board seeking financial assistance through the State Loan Program; and the Chairman or Vice Chairman and Secretary or Assistant Secretary of the Authority are hereby authorized to execute said Application(s) for and on behalf of the Authority. The Authority is further authorized to advance to the Oklahoma Water Resources Board the necessary application fees in connection with the referenced Application(s), if any. Section 2. Professional Services Agreement. The Authority is authorized to enter into a legal services agreement with The Public Finance Law Group PLLC, as the Authority's Bond Counsel. Section 3. Other Matters. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Authority are hereby authorized and directed to do all other lawful things necessary to carry out the terms and conditions of this Resolution. (SEAL) ATTEST: By PASSED AND APPROVED THIS 16TH DAY OF MARCH, 2010. Sherry Bishop, Secretary LIZZ 2 Stephen Cataudella, Chairman STATE OF OKLAHOMA ) )SS COUNTY OF TULSA ) I, the undersigned, the duly qualified and acting Secretary of The Owasso Public Works Authority, Tulsa County, Oklahoma, hereby certify that the above and foregoing is a true, correct and complete copy of a Resolution duly adopted by the Board of Trustees of said Authority and of the proceedings of said Authority in the adoption of said Resolution as shown by the records of my office. I further certify that said meeting complied in all respects with the "Open Meeting Law ". WITNESS my hand and the seal of said Authority this 16th day of March, 2010. (SEAL) Secretary 3 THE 000000 PUBLIC FINANCE LAW GROUP PLLC .._.1.,ORN F ,y. AN 1) {_t) N'�1:i A'.1.. 1,AW AGREEMENT FOR BOND COUNSEL SERVICES THE OWASSO PUBLIC WORKS AUTHORITY SERIES 2010 PROMISSORY NOTE TO OKLAHOMA WATER RESOURCES BOARD THIS AGREEMENT is entered into as of March 16, 2010, by and between THE PUBLIC FINANCE LAW GROUP PLLC ( "PFLG ") and THE OWASSO PUBLIC WORKS AUTHORITY (the "Issuer "), a public trust with the City of Owasso, Oklahoma (the "City ") as its beneficiary, as follows: RECITALS WHEREAS, the Issuer desires to engage PFLG as bond counsel in connection with the refinancing of the Issuers outstanding Series 1993B Promissory Note to Oklahoma Water Resources Board dated April 1, 1993, issued in the original principal amount of $970,000.00 (said refinancing referred to herein as the "Project "); and WHEREAS, to finance all or a portion of the costs of the Project, the Issuer intends to issue or cause to be issued its Series 2010 Promissory Note to Oklahoma Water Resources Board in the principal amount of approximately $700,000 (the "Note "); and WHEREAS, PFLG possesses the necessary professional capabilities and resources to provide the legal services required by Issuer as described in this Agreement. AGREEMENTS 1. Scope of Services. Bond Counsel Services. PFLG will render the following services as bond counsel to the Issuer: (1) Consultation with representatives of the Issuer and the City, including the manager of the Issuer /City, City Attorney, Issuer's Counsel, Finance Director, financing and accounting staff, financial advisors, and others, with respect to the timing, terms and legal structure of the proposed financing. S6s-` N. CLASS1- -N 13M I I \,NRD. SUM, 100 • C)r<i.A}ro.MA Cm. OK im8 (2) Preparation of loan, security and other authorizing documents (the "Financing Documents "). (3) Review of documentation with respect to any letter of credit, bond insurance and/or reserve fund surety policy provided in connection with the Note, if any. (4) Attendance at such meetings or hearings of the Issuer and the City and working group meetings or conference calls as the Issuer may request, and assistance to the Issuer staff in preparation of such explanations or presentations to the governing body of the Issuer and the City as they may request. (5) Preparation of final closing papers to be executed by the Issuer required to effect delivery of the Note and coordination of the Note closing. (6) Rendering of bond counsel's customary final legal opinion on the validity of the securities and, with respect to tax - exempt securities, the exemption from gross income for federal income tax purposes and from Oklahoma personal income tax of interest thereon. PFLG and Issuer acknowledge that Issuer shall be represented by Julie Lombardi, Esq. ( "Issuer's Counsel ") for the purpose of rendering day -to -day and ongoing general counsel legal services. PFLG shall circulate documents to and coordinate its services with Issuer's Counsel to the extent requested by Issuer or Issuer's Counsel. In rendering opinions and performing legal services under this Agreement, PFLG shall be entitled to rely on the accuracy and completeness of information provided and certifications made by, and opinions provided by counsel to, Issuer, property owners and other parties and consultants, without independent investigation or verification. PFLG's services are limited to those specifically set forth above. PFLG's services do not include representation of Issuer or any other party to the transaction in any litigation or other legal or administrative proceeding involving the Note, the Project or any other matter. PFLG's services also do not include any responsibility for compliance with state blue sky, environmental, land use, real estate or similar laws or for title to or perfection of security interests in real or personal property. PFLG's services do not include any financial advice or analysis. PFLG will not be responsible for the services performed or acts or omissions of any other participant. Also, PFLG's services will not extend past the date of issuance of the Note and will not, for example, include services related to rebate compliance or continuing disclosure or otherwise related to the Note, Note proceeds or the Project after issuance of the Note. 2. Compensation and Reimbursements. A. Compensation for Bond Counsel Services. For services as bond counsel to the Issuer, PFLG shall be paid a fixed fee at the time of issuance of the Note of $15,000.00. B. Expenses. PFLG shall also be paid a fixed amount of $2,000.00 to cover expenses and transcript production and distribution, provided, that any filing, publication, recording or printing costs or similar third party costs required in connection with the 2 Note shall be paid directly by the Issuer, but if paid by PFLG on behalf of the Issuer, shall be reimbursed to PFLG on demand. C. Payment. Fees and expenses shall be payable by Issuer at the time of issuance of the Note. Payment of all fees and expenses hereunder shall be made at closing from proceeds of the Note and shall be entirely contingent upon issuance of the Note. D. Termination of Agreement and Legal Services. This Agreement and all legal services to be rendered under it may be terminated at any time by written notice from either party, with or without cause. In that event, all finished and unfinished documents prepared for adoption or execution by Issuer, shall, at the option of Issuer, become its property and shall be delivered to it or to any party it may designate; provided that PFLG shall have no liability whatsoever for any subsequent use of such documents. In the event of termination by Issuer, PFLG shall be paid for all satisfactory work, unless the termination is made for cause, in which event compensation, if any, shall be adjusted in the light of the particular facts and circumstances involved in the termination. If not sooner terminated as aforesaid, this Agreement and all legal services to be rendered under it shall terminate upon issuance of the Note; provided that Issuer shall remain liable for any unpaid compensation or reimbursement due under Section 2 hereof. Upon termination, PFLG shall have no future duty of any kind to or with respect to the Note or the Issuer. 3. Nature of Engagement; Relationships With Other Parties. The role of bond counsel, generally, is to prepare or review the procedures for issuance of the bonds, notes or other evidence of indebtedness and to provide an expert legal opinion with respect to the validity thereof and other subjects addressed by the opinion. Consistent with the historical origin and unique role of such counsel, and reliance thereon by the public finance market, PFLG's role as bond counsel under this Agreement is to provide an opinion and related legal services that represent an objective judgment on the matters addressed rather than the partisan position of an advocate. In performing its services in connection with the Note, PFLG will act as special counsel to Issuer with respect to issuance of the Note; i.e., PFLG will assist the Issuer's Counsel in representing Issuer but only with respect to validity of the Note and the Financing Documents, and the tax status of interest on the Note, in a manner not inconsistent with the role of bond counsel described above. Issuer acknowledges that PFLG regularly performs legal services for many private and public entities in connection with a wide variety of matters. For example, PFLG has represented, is representing or may in the future represent other public entities, underwriters, trustees, rating agencies, insurers, credit enhancement providers, lenders, contractors, suppliers, financial and other consultants /advisors, accountants, investment providers/brokers, providers/brokers of derivative products and others who may have a role or interest in the Note financing or the Project or that may be involved with or adverse to Issuer in this or some other matter. PFLG agrees not to represent any such entity in connection with the Note financing, during the term of this Agreement, without the consent of Issuer. Given the special, limited role of bond counsel 3 described above, Issuer acknowledges that no conflict of interest exists or would exist, and waives any conflict of interest that might appear actually or potentially to exist, now or in the future, by virtue of this Agreement or any such other attorney- client relationship that PFLG may have had, have or enter into, and Issuer specifically consents to any and all such relationships. 4. Limitation of Rights to Parties; Successor and Assigns. Nothing in this Agreement or in any of the documents contemplated hereby, expressed or implied, is intended or shall be construed to give any person other than Issuer and PFLG, any legal or equitable right or claim under or in respect of this Agreement, and this Agreement shall inure to the sole and exclusive benefit of Issuer and PFLG. PFLG may not assign its obligations under this Agreement without written consent of Issuer except to a successor partnership or corporation to which all or substantially all of the assets and operations of PFLG are transferred. Issuer may assign its rights and obligations under this Agreement to (but only to) any other public entity that issues the Note (if not the Issuer). Issuer shall not otherwise assign its rights and obligations under this Agreement without written consent of PFLG. All references to PFLG and Issuer in this Agreement shall be deemed to refer to any such successor of PFLG and to any such assignee of Issuer and shall bind and inure to the benefit of such successor and assignee whether so expressed or not. 5. Counterparts. This Agreement may be executed in any number of counterparts and each counterpart shall for all purposes be deemed to be an original, and all such counterparts shall together constitute but one and the same Agreement. 6. Notices. Any and all notice pertaining to this Agreement shall be sent by U.S. Postal Service, first class, postage prepaid to: PFLG: The Public Finance Law Group PLLC 5657 N. Classen Boulevard, Suite 100 Oklahoma City, OK 73118 Attention: Allan A. Brooks, III ISSUER: The Owasso Public Works Authority P.O. Box 180 Owasso, OK 74055 -0180 Attention: City Manager [Remainder of Page Left Blank Intentionally] 11 Issuer and PFLG have executed this Agreement by their duly authorized representatives as of the date provided above. THE PUBLIC FINANCE LAW GROUP PLLC Allan A. Brooks, III THE OWASSO PUBLIC WORKS AUTHORITY By: Title: Chairman Date: March 16, 2010 OKLAHOMA WATER RESOURCES BOARD REFINANCING LOAN APPLICATION APPLICATION NO. - - -_ (This number is assigned by OWRB) I. LOAN TYPE Loan Type Amount Term' Interest Rate 2 Collateral Pled ed 3 FAP Bond Clean Water SRF Drinking Water SRF 1. Term of Loan in years — FAP Bond and SRF maximum 30 years 2. Interest Rate Mode — Fixed or Variable 3. Collateral proposed to be pledged to repayment of the loan — e.g. revenues from water, sewer, and other utility systems, and any sales tax revenue II. APPLICANT INFORMATION A. Applicant Name Name: County: B. Applicant Address Address: Phone: ( ) Fax: ( ) Office Hours: C. Applicant's Officers and Members (Name and Office held): Name Office Held D. Applicant's Chief Officer and /or person to whom all pre - application inquiries should be directed: Name: Address: Phone: ( ) Fax: ( ) E. Applicant's Financial Consultant: Name: Address: Phone: ( ) Fax: ( ) F. Applicant's Legal Counsel (specify general counsel and bond counsel; if appropriate): Name: Address: Phone: ( ) Fax: ( ) Name: Address: Phone: ( ) Fax: ( ) G. Authorizing Resolution — Enclose a certified copy of the resolution reflecting applicant's authorization for making this loan application to the OWRB. III. PROJECT FINANCING A. Total amount of financing requested from the OWRB: $ B. Outstanding Loans Eligible for Refinance. Please list the OWRB loans proposed for refinancing: Original Amount Outstanding OWRB Loan Amount Outstanding NOTE: The OWRB anticipates that the requisite financial information is readily available in the applicant's existing loan files at the OWRB. However, the OWRB reserves the right to request copies of additional information necessary to process the loan application, including annual audited financial statements and other information necessary for compliance with existing loan covenants. VERIFICATION STATE OF OKLAHOMA ) ss. COUNTY OF ) I, _ , being first duly sworn and upon oath states: that I am the duly authorized representative for the Applicant herein; that I have read the contents of the within and foregoing LOAN APPLICATION and is familiar with the contents thereof, and that the matters and information therein set forth are, to the best of Applicant's knowledge and belief, true and correct. Signed By: Printed Name: Title: Subscribed and sworn to before me this My Commission Expires: (SEAL) (Applicant Name) (Applicant's Representative) _ day of 20 (Notary Public) ATTORNEY'S CERTIFICATION AS TO LEGALITY OF APPLICATION I, the undersigned, certify that: I am an attorney representing the applicant herein with respect to the foregoing application attached hereto; the applicant is a [CHECK ONE]: municipality public trust _ rural water district other public entity (identify): duly organized and existing under the laws of Oklahoma; the applicant possesses full power and authority to acquire, complete and operate the project described in this application; and this application has been lawfully and effectively authorized and executed as the valid action of the applicant. Printed Name: Attorney at Law 4