The URL can be used to link to this page

Home My WebLink About2011.11.15_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: Regular DATE: November 15, 2011 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, November 11, 2011. Sherry Bisho , City Clerk AGENDA 1. Call to Order Chairman Doug Bonebrake 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 November 1, 2011 Regular Meeting. Attachment # 3 -A B. Approval of Claims. Attachment # 3 -13 C. Acknowledge receipt of the monthly FY 2011-2012 monthly budget status report. Attachment # 3 -C 4. Consideration and appropriate action relating to items removed from the Consent Agenda. Owasso Public Works Authority November 15, 2011 Page 2 5. Consideration and appropriate action relating to a request for OPWA approval of Resolution 2011 -03, a resolution approving and authorizing a Clean Water SRF loan from the Oklahoma Water Resources Board in the total aggregate principal amount of $3,115,000.00; approving the issuance of a Series 2011 Clean Water SRF promissory note to Oklahoma Water Resources Board in the total aggregate principal amount of $3,115,000.00, secured by a pledge of revenues and authorizing its execution; approving and authorizing the execution of a loan agreement for Clean Water SRF loan; designating a local Trustee and approving and authorizing the execution of a trust agreement; approving and authorizing the execution of a security agreement; ratifying and confirming a lease whereby the City of Owasso leased to the Owasso Public Works Authority its water, sanitary sewer, and garbage and trash collection systems and the Bailey Ranch Golf Club; ratifying and confirming a subordinate lien sales tax agreement; ratifying and confirming a parity agreement; approving various covenants; approving and authorizing payment of fees and expenses; and containing other provisions relating thereto. Ms. Bishop Attachment # 5 Staff recommends Trustee approval of Resolution No. 2011-03. Consideration and appropriate action relating to a request for Trustee award of a construction bid for the Santa Fe Lift Station and Force Main Improvement Project and authorization for the Chairman to execute the construction contract. Mr. Feary Attachment # 6 Staff recommends Trustee award of the construction contract for the Santa Fe Lift Station and Force Main Improvement Project to W.N. Couch Contractors of Tulsa, Oklahoma in the amount of $2,636,700 and authorization for the Chairman to execute the construction contract. 7. Consideration and appropriate action relating to a request for Trustee approval of an agreement between the Owasso Public Works Authority and Greeley and Hansen, LLC for construction services related to the Santa Fe Lift Station and Force Main Improvement Project and authorization for the Chairman to execute the agreement. Mr. Stevens Attachment # 7 Staff recommends Trustee approval of an agreement between the OPWA and Greeley and Hansen, LLC in the amount of $88,334 for construction engineering services related to the Santa Fe Lift Station and Force Main Improvement Project and authorization for the Chairman to execute the agreement. 8. Report from OPWA Manager. Report from OPWA Attorney. 10. New Business. (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 11. Adjournment. OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, November 1, 2011 The Owasso Public Works Authority met in regular session on Tuesday, November 1, 2011 in the Council Chambers of Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, October 28, 2011. ITEM 1. CALL TO ORDER Chairman Bonebrake called the meeting to order at 7:18 p.m. ITEM 2. ROLL CALL PRESENT Doug Bonebrake, Chairman Bryan Stovall, Vice Chairman Charlie Brown, Trustee Patrick Ross, Trustee A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ABSENT Steve Cataudella, Trustee ITEM 3. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR TRUSTEE APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the October 18, 2011 Regular Meeting. B. Approval of Claims. Mr. Brown moved, seconded by Mr. Stovall, to approve items A and B of the Consent Agenda with claims totaling $657,289.91. Also included for review were payroll payment reports for pay period 10/22/11. YEA: Brown, Stovall, Cataudella, Ross NAY: None Motion carried 4 -0. ITEM 4. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action required. ITEM 5. REPORT FROM OPWA MANAGER No report. ITEM 6. REPORT FROM OPWA ATTORNEY No report. Owasso Public Works Authority ITEM 7. NEW BUSINESS None. ITEM 8. ADJOURNMENT Mr. Brown moved, seconded by Mr. Stovall, to adjourn the meeting. YEA: Stovall, Bonebrake, Brown, Ross NAY: None Motion carried 4 -0 and the meeting was adjourned at 7:19 p.m. Juliann Stevens, Minute Clerk 2 November 1, 2011 Doug Bonebrake, Chairman Claims List 11/15/2011 Budget Unit Title Vendor Name Payable Description Payment Amounl OPWA ADMINISTRATION JPMORGAN CHASE BANK CHARACTER CALENDARS 62.64 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 63.36 DOERNER, SAUNDERS, DANIEL & ANDERSO LEGAL FEES - RWD 3 1,704.50 DOERNER, SAUNDERS, DANIEL & ANDERSO LEGAL FEES - RWD 3 350.00 AT &T CONSOLIDATED PHONE BILL 296.10 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 148.21 UNIFIRST HOLDINGS LP UNIFORM RENTAL 40.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 44.50 A PLUS SERVICE INC A/C & HEATING UNIT REPAIR 2,185.80 JPMORGAN CHASE BANK CHARACTER TRAINING 76.50 OKLAHOMA ONE -CALL SYSTEMS INC MEMBERSHIP FEE 1,119.84 JPMORGAN CHASE BANK CHARACTER TRAINING 131.27 JPMORGAN CHASE BANK WALMART- SUPPLIES 14.87 TOTAL OPWA ADMINISTRATION 6,237.59 UTILITY BILLING TYRONE EUGENE DINKINS METER READER 291.60 TODD C. KIMBALL METER READER 119.70 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES 1,232.77 KATHLEEN A BALSIGER METER READER 223.20 MARK MEYER METER READER 81.00 DAVID R. OLINGHOUSE METER READER 271.80 TODD C. KIMBALL METER READER 305.10 TYRONE EUGENE DINKINS METER READER 588.15 MARK MEYER METER READER 321.30 JPMORGAN CHASE BANK CHARACTER CALENDARS 41.76 TOTAL UTILITY BILLING 3,476.38 WATER JPMORGAN CHASE BANK BASS PRO - UNIFORM APPAREL 259.98 JPMORGAN CHASE BANK OFFICE DEPOT - PRINTER INK 113.96 FLEETCOR TECHNOLOGIES CITY FUELMAN EXPENSES - O 1,731.33 CITY GARAGE PARTS RESALE - OCT, 2011 667.36 SHERWOOD CONSTRUCTION CO, INC CONCRETE 170.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 55.34 UNIFIRST HOLDINGS LP UNIFORM RENTAL 55.09 CITY OF TULSA UTILITIES WATER 132,625.38 CITY OF TULSA UTILITIES WATER 68,839.77 ATWOODS DISTRIBUTING, LP ATTN: ACCT SUPPLIES 40.95 ATWOODS DISTRIBUTING, LP ATTN: ACCT SUPPLIES 40.46 SCHUERMANN ENTERPRISES, INC SERVICE CALL 432.13 JPMORGAN CHASE BANK LOWES -TOOLS 70.21 OWASSO TOP SOIL SMALL LOAD SANDY LOAM 40.00 WORKHEALTH SOLUTIONS, LLC RESPIRATORY QUESTIONNAIRE 175.00 JPMORGAN CHASE BANK HARD HAT -LINED GLOVES 153.30 CITY GARAGE LABOR & OVERHEAD - OCT, 2 1,000.00 JPMORGAN CHASE BANK WATER PROD - SUPPLIES 3,500.34 Page 1 Claims List 11/15/2011 Budget Unit Title Vendor Name Payable Description IPaymentAmouni TOTAL WATER 209,970.60 WASTEWATER TREATMENT CITY GARAGE LABOR & OVERHEAD - OCT, 2 500.00 WORKHEALTH SOLUTIONS, LLC RESPIRATORY QUESTIONNAIRE 150.00 JOLIE, INC. THE UPS STORE SHIPPING CHARGES 53.16 JOLIE, INC. THE UPS STORE SHIPPING CHARGES 40.31 SCHUERMANN ENTERPRISES, INC SERVICE CALL 405.60 TERMINIX PEST CONTROL @ WWTP 55.00 JPMORGAN CHASE BANK NCL -LAB SUPPLIES 166.90 JPMORGAN CHASE BANK PIKEPASS -FEES 11.70 UNIFIRST HOLDINGS LP UNIFORM RENTAL 68.39 UNIFIRST HOLDINGS LP UNIFORM RENTAL 61.82 CITY GARAGE PARTS RESALE - OCT, 2011 78.07 JPMORGAN CHASE BANK WATER PROD - MATERIALS 108.88 JPMORGAN CHASE BANK P & K EQUIPMENT- SUPPLIES 66.82 AT &T CONSOLIDATED PHONE BILL 125.50 FLEETCOR TECHNOLOGIES CITY FUELMAN EXPENSES - 0 694.31 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 52.95 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 37.35 JPMORGAN CHASE BANK LOCKE SUPPLY -TAPE 61.02 JPMORGAN CHASE BANK INSITE- KEYPAD REPLACEMENT 58.00 JPMORGAN CHASE BANK GRAINGER -FUSES 58.32 JPMORGAN CHASE BANK LOWES- ELECTRICAL TAPE 20.05 TOTAL WASTEWATER TREATMENT 2,874.15 WWTP EXPANSION BRB CONTRACTORS, INC. WWTP EXPANSION & 117 ST 81,492.94 GREELEY & HANSEN, LLC LBX 619776 CONSTRUCTION SERVICES 3,558.06 TOTAL WWTP EXPANSION 85,051.00 WASTEWATER COLLECTION: JPMORGAN CHASE BANK FE MEYERS- IMPELLER /SEALS 8,072.10 JPMORGAN CHASE BANK BEST BUY -DVDS 14.49 VERDIGRIS VALLEY ELECTRIC COOP DOUBLE OAKS ELECTRIC 6.06 JPMORGAN CHASE BANK LOWES -TOOL BOX 170.96 SCHUERMANN ENTERPRISES, INC REPAIR MAIN LIFT STATION 280.60 GARY PANGBORN MARKETING CO SEAL FAIL BOARD 114.50 JPMORGAN CHASE BANK LOWES- PLUMBING SUPPLIES 10.00 OWASSO TOP SOIL SMALL LOAD SANDY LOAM 30.00 WORKHEALTH SOLUTIONS, LLC RESPIRATORY QUESTIONNAIRE 125.00 CITY GARAGE LABOR & OVERHEAD - OCT, 2 833.33 JPMORGAN CHASE BANK BEST BUY - MATERIAL 29.98 JPMORGAN CHASE BANK HARD HAT -LINED GLOVES 72.00 VERDIGRIS VALLEY ELECTRIC COOP WATER CONTROL ELECTRIC 25.50 VERDIGRIS VALLEY ELECTRIC COOP COFFEE CREEK ELECTRIC 730.79 FLEETCOR TECHNOLOGIES CITY FUELMAN EXPENSES - 0 1,371.41 Page 2 Claims List 11/15/2011 Budget Unit Title Vendor Name Payable Description Payment Amounl WASTEWATER COLLECTION; JPMORGAN CHASE BANK LOWES- CONCRETE MIX 34.60 JPMORGAN CHASE BANK GELLCO -BOOTS 134.99 JPMORGAN CHASE BANK ATWOODS- TOGGLE SWITCH 6.99 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 19.67 AT &T CONSOLIDATED PHONE BILL 40.64 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECTRIC 151.69 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECTRIC 256.08 JPMORGAN CHASE BANK WATER PROD -VALVE ASSEMBLY 995.90 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 145.58 CITY GARAGE PARTS RESALE - OCT, 2011 252.82 UNIFIRST HOLDINGS LP UNIFORM RENTAL 33.23 UNIFIRST HOLDINGS LP UNIFORM RENTAL 33.22 TOTAL WASTEWATER COLLECTIONS 13,992.13 MEADOWCREST SEWERLINE IRA M GREEN CONTRUCTION MEADOWCREST GRAVITY SEWER 29,152.62 TOTAL MEADOWCREST SEWERLINE 29,152.62 SANTA FE LIFT STATION ICOMMUNITY PUBLISHERS INC PUBLISHER'S AFFIDAVIT 5.00 TOTAL SANTA FE LIFT STATION 5.00 REFUSE COLLECTIONS JPMORGAN CHASE BANK BUMPER TO BUMPER - BATTERIE 166.00 CITY GARAGE LABOR & OVERHEAD - OCT, 2 3,333.33 FLEETCOR TECHNOLOGIES CITY FUELMAN EXPENSES - 0 7,005.99 JPMORGAN CHASE BANK ALSUMA- REPAIRS 2,397.74 UNIFIRST HOLDINGS LP UNIFORM RENTAL 45.82 UNIFIRST HOLDINGS LP UNIFORM RENTAL 42.52 CITY GARAGE PARTS RESALE - OCT, 2011 2,270.39 AT &T CONSOLIDATED PHONE BILL 20.92 JPMORGAN CHASE BANK FLUID SPECIAL - LINES /HOSES 135.08 JPMORGAN CHASE BANK ATWOODS- UNIFORM APPAREL 149.98 JPMORGAN CHASE BANK ATWOODS- UNIFORM APPAREL 134.98 JPMORGAN CHASE BANK ATWOODS- UNIFORM APPAREL 109.98 JPMORGAN CHASE BANK FLUID SPECIAL -AIR LINE 123.83 JPMORGAN CHASE BANK WASTE MGMT- REFUSE TPING 6,320.93 TOTAL REFUSE COLLECTIONS 22,257.49 RECYCLE CENTER OOLOGAH FUEL COMPANY TANK RENT FOR RECYCLE CTR 48.83 NATIONAL WASTE & DISPOSAL, INC. RECYCLE GLASS ROLLOFFS 200.00 AT &T CONSOLIDATED PHONE BILL 20.91 UNIFIRST HOLDINGS LP UNIFORM RENTAL 14.34 CITY GARAGE PARTS RESALE - OCT, 2011 272.77 UNIFIRST HOLDINGS LP UNIFORM RENTAL 14.34 JPMORGAN CHASE BANK WASTE MGMT- RECYCLE R /O'S 41727.30 JPMORGAN CHASE BANK WASTE MGMT- RECYCLE TPING 11507.97 Page 3 Claims List 11/15/2011 Budget Unit Title Vendor Name I Payable Description Payment Amouni RECYCLE CENTER... ICITY GARAGE ILABOR & OVERHEAD - OCT, 2 166.66 TOTAL RECYCLE CENTER 6,973.12 FUND GRAND TOTAL 379,990.0 OPWA GRAND TOTAL $379,990.08 Page 4 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 11105/11 Department Payroll Expenses Total Expenses OPWA Administration 8,323.78 12,438.29 Utility Billing 4,396.00 7,124.32 Water 10,529.74 17,943.15 Wastewater 10,342.21 18,138.79 Wastewater Collection 6,853.64 12,085.76 Refuse 9,775.09 16,161.59 Recycle Center 1,080.40 1,949.63 FUND TOTAL 51,300.86 85,841.53 OWASSO PUBLIC WORKS AUTHORITY - OPERATING FUND FISCAL YEAR 2011 -2012 Statement of Revenues & Expenses As of October 31, 2011 OPERATING REVENUES: Water Wastewater Refuse & recycle 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 OWRB PROCEEDS AND EXPENDITURES Proceeds of OWRB debt Expenditures of OWRB Debt TOTAL OWRB PROCEEDS AND EXPENDITURES NET INCOME (LOSS) WORKING CAPITAL - Beginning Balance WORKING CAPITAL - Ending Balance MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET 443,129 2,011,744 4,613,000 43.61% 261,582 1,058,765 3,286,600 32.21% 151,555 617,893 1,753,100 35.25% 36,527 141,336 475,700 29.71% 14,164 288,857 299,900 96.32% 906,957 4,118,595 10,428,300 39.49% 171,614 773,807 2,283,411 33.89% 287,171 1,320,366 3,105,110 42.52% 103,154 493,249 1,871,267 26.36% 2,704 115,302 778,225 14.82% 116,378 1,160,229 3,077,036 37.71% 681,021 3,862,954 11,115,049 34.75% 225,936 255,641 (686,749) - 37.22% - 131,031 249,900 52.43% - (75,000) (300,000) 25.00% - 56,031 (50,100) - 111.84% 157,070 7,565,432 2.08% (409,226) (592,242) (7,565,432) 7.83% (409,226) (435,171) - (183,291) (123,498) (736,849) 2,973,273 2,973,273 2,349,775 2,236,424 The C=ity Wit €7cut Lit�ri #s. TO: The Honorable Mayor and City Council City of Owasso The Honorable Chair and Trustees Owasso Public Works Authority FROM: Sherry Bishop Assistant City Manager, Administrative Services SUBJECT: OWRB Loan - Santa Fe Pump Station Project City Resolution No. 2011 -11 OPWA Resolution No. 2011 -03 DATE: November 11, 2011 BACKGROUND: The OPWA Trustees approved the Santa Fe Pump Station and Force Main Improvement project and approved an agreement for engineering services on February 16, 2010. On September 20, 2010, the Trustees authorized a loan application with the Oklahoma Water Resources Board (OWRB) for financing the project. The OWRB operates the State Revolving Fund (SRF) loan program and the Financial Assistance Program (FAP). These programs provide low interest financing for eligible water, wastewater and stormwater projects. The OPWA application has been approved by the OWRB for up to $3,540,000 for financing for this project. The OWRB staff has completed the final review of project bids and other documentation. A final budget amount of $3,115,000 and an interest rate of 2.61% for the loan have been approved by the OWRB. All documents relating to this financing have been prepared by Allan Brooks who serves as bond counsel for the City and the OPWA and those documents have been reviewed by City Attorney, Julie Lombardi. PROPOSED ACTION: Financing for this project requires action by both the City Council and the OPWA Trustees. The loan must be approved by the OPWA Trustees and any indebtedness incurred by the OPWA requires City Council approval. OPWA Resolution No. 2011 -03 authorizes a Clean Water SRF loan from the OWRB in the amount of $3,115,000 with an interest rate of 2.61% and approves the issuance of a Series 2011 Clean Water SRF promissory note to the OWRB. The resolution also affirms the existing security agreements, covenants, lease and sales tax pledge; approves and authorizes payment of fees and expenses; and authorizes the Chairman and Secretary to execute documents and to take further action as required to complete the transaction. City Resolution No. 2011 -11 approves action taken by the OPWA authorizing issuance of the Series 2011 Clean Water SRF promissory note to the OWRB. The resolution also ratifies and confirms existing agreements between the City and the OPWA and authorizes execution of documents. RECOMMENDATION: Staff recommends City Council approval of Resolution No. 2011 -11 approving action taken by the OPWA authorizing issuance, sale and delivery of its Series 2011 Clean Water SRF Promissory Note to the OWRB, authorizing execution of documents and containing other provisions related thereto. Staff recommends OPWA Trustee approval of Resolution No. 2011 -03 authorizing a Clean Water SRF loan from the OWRB in the principal amount of $3,115,000; approving the issuance of a Series 2011 Clean Water SRF Promissory Note to the OWRB in the principal amount of $3,115,000; authorizing execution of all documents; and containing other provisions relating thereto. ATTACHMENTS: OPWA Resolution No. 2011-03 OWASSO PUBLIC WORKS AUTHORITY OWASSO, OKLAHOMA RESOLUTION NO. 2011 -03 A RESOLUTION APPROVING AND AUTHORIZING A CLEAN WATER SRF LOAN FROM THE OKLAHOMA WATER RESOURCES BOARD IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $3,115,000.00; APPROVING THE ISSUANCE OF A SERIES 2011 CLEAN WATER SRF PROMISSORY NOTE TO OKLAHOMA WATER RESOURCES BOARD IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $3,115,000.00, SECURED BY A PLEDGE OF REVENUES AND AUTHORIZING ITS EXECUTION; APPROVING AND AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT FOR CLEAN WATER SRF LOAN; DESIGNATING A LOCAL TRUSTEE AND APPROVING AND AUTHORIZING THE EXECUTION OF A TRUST AGREEMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A SECURITY AGREEMENT; RATIFYING AND CONFIRMING A LEASE WHEREBY THE CITY OF OWASSO LEASED TO THE OWASSO PUBLIC WORKS AUTHORITY ITS WATER, SANITARY SEWER, AND GARBAGE AND TRASH COLLECTION SYSTEMS AND THE BAILEY RANCH GOLF CLUB; RATIFYING AND CONFIRMING A SUBORDINATE LIEN SALES TAX AGREEMENT; RATIFYING AND CONFIRMING A PARITY AGREEMENT; APPROVING VARIOUS COVENANTS; APPROVING AND AUTHORIZING PAYMENT OF FEES AND EXPENSES; AND CONTAINING OTHER PROVISIONS RELATING THERETO. WHEREAS, The Owasso Public Works Authority, Tulsa County, Oklahoma (the "Borrower "), was organized under Title 60, Oklahoma Statutes 2001, Sections 176- 180.4, as amended, for the purpose of furthering the public functions of the City of Owasso, Oklahoma (the "City "); and WHEREAS, the Borrower is authorized and has determined to construct improvements to the Borrower's wastewater system (the "Project ") in order to better serve the customers of said Borrower and in payment of part of the cost thereof, to seek money in the form of a Clean Water SRF Loan from the Oklahoma Water Resources Board (the "Board ") in the amount of $3,115,000.00; and WHEREAS, the Borrower heretofore issued its (i) Amended Series 1999B Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $380,000.00; (ii) Amended 2001 B Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $1,255,000.00; (iii) Amended Series 2001 C Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $680,000.00; (iv) Series 2002B Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $1,550,000.00; (v) Series 2004 Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $2,350,000.00; (vi) Utility System and Sales Tax Revenue Note, Series 2006 issued in the original principal amount of $3,865,000.00; and (vi) Series 2010 Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $655,000 (collectively, the "Prior Senior Lien Debt "); and WHEREAS, the Borrower heretofore issued its (i) Series 1999A Clean Water SRF Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $931,609.92; (ii) Series 2001 A Clean Water SRF Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $1,029,535.03; (iii) Series 2002A Clean Water SRF Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $886,417.88; (iv) Series 2006 Drinking Water SRF Promissory Note to Oklahoma Water Resources Board issued in the original principal amount of $4,853,250.00; (v) Utility System and Sales Tax Revenue Note, Subordinate Series 2007 issued in the original principal amount of $10,000,000.00; (vi) Series 2009A Clean Water SRF Promissory Note (Detention Facility) to Oklahoma Water Resources Board issued in the original principal amount of $1,785,000.00; (vii) Series 2009B Clean Water SRF Promissory Note (Wastewater Treatment Plant) to Oklahoma Water Resources Board issued in the original principal amount of $10,795,000.00; and (viii) Series 2009C Clean Water SRF Promissory Note (76'" Street Interceptor) to Oklahoma Water Resources Board issued in the original principal amount of $4,510,000.00, to be issued contemporaneously with the Note (collectively, the "Prior Subordinate Lien Debt "); and WHEREAS, the Board approved a loan application of the Borrower and the Borrower has determined to borrow money from the Board to accomplish the Project and to evidence such loan by the issuance of the Borrower's Series 2011 Clean Water SRF Promissory Note to Oklahoma Water Resources Board in the original principal amount of $3,115,000.00 (the "2011 Note "), said 2011 Note being secured by a lien on the revenues derived from the water, sanitary sewer, garbage and trash collection systems and the Bailey Ranch Golf Club of the Borrower (collectively, the "System ") and a lien on the year -to -year pledge of certain sales fax revenue derived from the levy of a two percent (2 %) sales tax (the "Sales Tax Revenue "); and WHEREAS, said lien on the revenues derived from the System and the Sales Tax Revenue is subordinate in all respects to the lien on said revenues of the System and Sales Tax Revenue securing the Prior Senior Lien Debt, and said lien is on a parity in all respects with the lien on the revenues derived from the System and the Sales Tax Revenue securing the Prior Subordinate Lien Debt; and WHEREAS, it is the desire of the Borrower to authorize the execution and delivery of any and all documents necessary or attendant to the issuance of the 2011 Note. NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY, TULSA COUNTY, OKLAHOMA: Section 1. Issuance of Note. The Borrower is hereby authorized to accept said loan and issue its 2011 Note payable to the Board and secured by a pledge of revenue derived from the operation of the System and a year -to -year pledge of the Sales Tax Revenue. The officers of the Borrower are hereby authorized and directed to execute said 2011 Note and to do any and all lawful things to effect said loan and secure said loan from the Board, provided that the principal amount of the 2011 Note shall be an amount of $3,115,000.00, and the rate of interest on the 2011 Note shall be a fixed rate of interest of two and sixty -one hundredths of one percent (2.61 %) per annum inclusive of administrative fees of one half of one percent (1/2 %). Section 2. Execution of Loan Agreement for Clean Water SRF Loan. The Loan Agreement for Clean Water SRF Loan by and between the Borrower and the Board (the "Loan Agreement ") is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Loan Agreement. Section 3. Designation of Local Trustee and Execution of Trust Agreement. The Borrower hereby designates The Bank of New York Mellon Trust Company, N.A., Tulsa, Oklahoma, to serve as local trustee (the "Local Trustee ") of certain funds in relation to the 2011 Note. The Trust Agreement, by and between the Borrower and the Local Trustee, pertaining to the 2011 Note (the "Trust Agreement ") is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Trust Agreement. Section 4. Execution of Security Agreement. The Security Agreement by the Borrower in favor of the Board (the "Security Agreement "), whereby the Borrower gives a lien on the revenues of the System and a lien on the Sales Tax Revenue to the Board to secure payment of the 2011 Note is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and do all other lawful things to carry out the terms and conditions of said Security Agreement. Section 5. Covenants of Borrower. Until payment in full of the 2011 Note and performance of all obligations owing to the Board under the Loan Agreement and the instruments executed pursuant hereto, unless the Board shall otherwise consent in writing, the Borrower hereby represents its intent to abide by and carry out the covenants contained in the Security Agreement and the Loan Agreement, which covenants are incorporated herein in their entirety. Section 6. Lease. The Lease dated July 31, 1973, as amended by the Amendment to Lease dated as of July 1, 1996, both by and between the City the Borrower (the "Lease "), whereby the City leased to the Borrower its water, sanitary sewer, and garbage and trash collection systems and the Bailey Ranch Golf Club is hereby ratified and confirmed and the term of said Lease shall extend until the 2011 Note is paid. Section 7. Subordinate Lien Sales Tax Agreement. The Subordinate Lien Sales Tax Agreement, dated September 1, 2007, by and between the Borrower and the City and pertaining to the year -to -year pledge of the Sales Tax Revenue of the City is hereby ratified and confirmed. Section 8. Parity Agreement. The Parity Agreement dated as of September 10, 2007, by and among the Board, the Borrower, and the Local Trustee, is hereby ratified and confirmed. Section 9. Fees and Expenses. Upon closing of the referenced loan, the officers of the Borrower are hereby authorized to disburse (from loan proceeds or other available funds of the Borrower) those fees and expenses set forth on Exhibit "A" hereto, together with such other fees and expenses as will be set forth on the Borrower's Closing Order to be executed in connection with the closing of the financing referenced herein. Section 10. Necessary Action. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby further authorized on behalf of the Borrower to accept, receive, execute, attest, seal and deliver the above mentioned documents and all additional documentation, certifications and instruments, including but not limited to the execution of a legal services agreement with The Public Finance Law Group PLLC, as Bond Counsel, and to take such further actions as may be required in connection with the transactions contemplated hereby, and are further authorized to approve and make any changes to the documents approved by this Resolution, for and on behalf of the Borrower, the execution and delivery of such documents being conclusive as to the approval of any terms contained therein. ADOPTED AND APPROVED THIS 15TH DAY OF NOVEMBER, 2011. THE OWASSO PUBLIC WORKS AUTHORITY Doug Bonebrake, OPWA Chairman ATTEST: Sherry Bishop, OPWA Secretary (SEAL) EXHIBIT "A" Fees and Expenses Paid at Closing The Public Finance Law Group PLLC Legal Fee and Out -of- Pocket Expenses $33,150.00 Wells Nelson & Associates, LLC Financial Advisory Fee and Out -of- Pocket Expenses $33,150.00 The Bank of New York Mellon Trust Company, N.A. Trustee Bank Acceptance Fee Exhibit A - page 1 $500.00 nT h , Cii �ywvii t t L i -mi f s � TO: The Honorable Chairman and Trustees cfthe Owasso Public Works Authohh/ FROM: John W. Feary Project Administrator SUBJECT Santa Fe Lift Station and Force Main Improvement Project Review of Construction Bids Received DATE: November l|'2011 BACKGROUND: |n accordance with the 2U05 Wastewater Master Plan and in order to comply with onOklahoma Department ofEnvironmental Quality Consent Order (Nn. 10-036) issued in January 20l0'this improvement project will upgrade the Santa Fe Lift Station and Force Main to provide adequate pumping capacity and conveyance for current and future wastewater flows from the Ranch Creek Interceptor. On February 16' 2010' (}PVVA Trustees approved the Santa Fe Lift Station and Force Main Improvements as o project and further approved an engineering services agreement with Gree|y and Hansen, LLC/Chicogo' Illinois) for the project designinfhenmoonfnf$l45'874. The scope of work includes replacing the existing |iff station with u new submersible style pump station with odor control facilities, standby power facilities, upgrades to the existing electrical and instrumentation equipment, and the installation of o new 20" diameter force main to run parallel with the existing 12" force main. The improvements will increase the pumping capacity from its current rate of 2.7 million gallons per day (mgd) to 9 mgd, which is anticipated to meet pumping capacity needs for the next 10-15 years. The engineering estimate prepared byGree|y and Hansen in September was $2'9O0'0OU for the total base bid. Dn September 2O'2OlO' OPWA Trustees approved Resolution No. 2010-06, which authorized staff to file on application with the Oklahoma VVofer Resources Board (C)VYR0 for financial assistance through the OWRI3 Clean Water State Revolving Fund Program for the purpose of financing the Santa Fe Pump Station and Force Main Improvement Project. On May 4, 2011, the Oklahoma Department of Environmental Qualify approved the engineering design and issued the required permit (Permit No. SL0O0072110284) for the construction of the project (See Attachment 0. An advertisement was published in the Tulsa World newspaper in September 2011 tn solicit bids for construction of the pump station and force main improvements. /\ mandatory pre-bid r-neeting was held on October 19, 2011, with fifteen general contractors in attendance. Fight bids were received and opened on October 28, 2011, A summary nfthe bid results is included (Attachment O) for review. The received bids range in cost from $26 to $3.7 million dollars with W.N. Couch Contractors of Tubo. Oklahoma as the lowest respondve, responsible bidder with a bid omounf of $2,686'700. FUNDING: Funding for the construction ofthis project will be obtained from the UVYR8 via a loan frumthe Clean Water State Revolving Fund (CW3RF). Additionally, the City of Owasso is eligible for approximately $107'434.00 in CVY3RF loan principal forgiveness as port of the OYVR8 Green Project Reserve Eligibility (See Attachment C). RECOMMENDATION: Staff recommends Trustee approval to award a contract for the construction of the Santa Fe Liff Station and Force Main Improvement Project toVY.N.CouchCnntroc|orsofTu|so'Ok|ohomoin the amount of $2'636'700 and authorization fnr the Chairman to execute the construction contract. ATTACHMENTS: A. Site Map 8� Oklahoma Department of Environmental Quality Permit hoConstruct C. Correspondence regarding the CY0RF Loan Principal Forgiveness D. Bid Summary E. Construction Contract Documents i IF 1 � 11, a C ]lVM [ SANTA FE LIFTSTATION / FORCEMAIN UPGRADE 9/30/11 Legend 0 North THIS MAP IS F<.YM a:N'. OR-MATI:x', N P€ 'IT V<> :IE ID Y AND XS "I't) NV •rKU SCAY E. USIH. €:, F TEXI ULNAS' TS WiT' 8JUT NV ARRANT- IDR. I?:RI I?: 7 T :I xe>27 k3 c3 ry or, 6,vvA%.s6 c5V :rT`S IC"Ci7T2t1,CY, CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 �� I , i ' ,•rte IF 1 � 11, a C ]lVM [ SANTA FE LIFTSTATION / FORCEMAIN UPGRADE 9/30/11 Legend 0 North THIS MAP IS F<.YM a:N'. OR-MATI:x', N P€ 'IT V<> :IE ID Y AND XS "I't) NV •rKU SCAY E. USIH. €:, F TEXI ULNAS' TS WiT' 8JUT NV ARRANT- IDR. I?:RI I?: 7 T :I xe>27 k3 c3 ry or, 6,vvA%.s6 c5V :rT`S IC"Ci7T2t1,CY, CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 STEVEN A. THOMPSON Executive. Director April 28., 20,11 OKIAH.06AA DEPARTMENT Of ENVIRONWHIAL PW LITY OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QURI.- Y.; "I MARY FALLN. ED vernor "�C EN Mr. Roger Stevens, Director of Public, Works City of Owasso 301 West 2nd Avenue Owasso, Oklahoma 74056 Her Permit No, SL000072110264 Santa Fe Lift Station Improvements, City of Owasso Facility No. 521310 Dear Mr. Stevefts: MAY 4-2011 GREELEYAND HANSEN C 111CAGO OFFICE Enclosed is Permit No. SL 000072110264 for the construction of 5,050 linear feet of twenty (20) inch DIP force .main, one (1) emergency backup power generator, rehabilitating the Santa Fe lift station and all appurtenances to serve the City of Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on April 28, 2011. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which It should be made a matter of permanent record. We are returning one (1) set of the approved plans to you and retaining one (1) set for our files.. Ve truly yours, g v yl V��ri t I, P. E. C: nstrOction Permit Section Water Quality Division QRK/RC/ab Enclosure c: Rick Austin, Regional Manager, DEQ q -3, plonal, Office at Tulsa �seph M, Gorged, PE, Greely and Hansen LLC 707 NORTH ROBINSON, P.O. BOX 1677,, OKLAHOMA CITY, OKLAHOMA 73101-1677 printed on roryded paper with soy ink K, L A- H- 0" A A STEVEN A. THOMPSON Egecutive: Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY PERMIT TO CONSTRUCT April 28, 2011 MARY FALUN Governor Permit No $1-0000721110264 SEWER LINES PWSID No. S-21310 Pursuant to O.S. 27A 2-6-304, the Owasso, City of is hereby granted this Tier I Permit to construct 5,050 linear feet of twenty (20) Inch DIP force main, one (1) emergency backup power generator,, rehabilitating the Santa Fe lift station and all appurtenances to serve the City of Owasso, located in Section 31, T-21-N, RA 4-E, Tulsa County, Oklahoma, in accordance with the plans approved April 28, 2011. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDE$" (OAC 252:006) rules and to comply with the state certification laws, Title 59, Section 1101-1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) 2) 3) 4) 5) 6) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. That wherever water and sewer lines are -constructed with spacing Of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:656-5-4(c)(3) of the standards for Water Pollution Control Facility Construction, That tests will be conducted as necessary to insure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly del6y the progress of the project, 707 NORTH ROBINSON, RO. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101-1677 pdhted oh reGydad paper with soy Ink nxL«xomx o�mmemo��w�wm u�n, STEVEN A, OK��HU�& DEPARTMENT ��AHV|AON��NT&l O��||TY �8��0�8m �'. ..~~.- -. ^.,.`.~..,.^.,.^.`~_.�",. PERMIT TQCONSTRUCT MARY FALLIN Governor PWSID No. S-21310 7l That the permittee will take steps to assure that the connection of house services to the sewers is done msuch a manner that the the sewers will not be Impaired and that earth and ground water will be excluded from fhm sewers when the connection is completed. B} That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project, S\ That the recipient of the permit Is responsible for the continued operation and maintenance of these facilities in oocoubsnoa with rules and regulations adopted by the Environmental Quality, Board, and that this �p�,b�entVviU�W��nt�e�|nYvrit|ngnf�ny��l�ortr�O�fgr�YV�Uer�Uip [} these facilities. 10) The issuanceof this permit does not relieve the responsible parties of any obligatiomowrliabilities which thepermd±ea may be under pursuant to prior enforcement aOtbon taken by the Department, ` 111 That the permittee. is required to inform the developer/builder that @ DEQ Storm YYa%B Construction Permit 2s required for a construction site that will disturb one (1) acne or more in accordance with OPDBS. 27A{l8.2-6-201 et. seq. For in-fovnmatijonmreoopyaf the GENERAL PERMIT (GP-OU5) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NO{) form, Notice of Termination (NOT) form, or guidance on preparation of Pollution Prevention P|en. contact the Storm Water Unit of the Water Quality Division at P.O. Box 1877' Oklahoma City, OK 731Qi-1877orby phone at(405)782-81O0. 12) That all manholes shall be constructed in accordance with the standards for Water, Pollution Control Facility Construction (0AC2G2,8G6.-5'3). as adopted by the Oklahoma Depadmentof Enviln#nmen1atQuality. 13) That when it is impossible to obtain pnmpar horizontal and vertical separation as stipulated in Water Pollution Control Facility Construction DAC 252:G56-G'4(c)(Y) and OAO252:858-5 respectively, the sewer shall be designed and oonatnuoied equal to water end shall ' sewer be pressure tested using the ASTM air test procedure with no detectable leakage prior to backfilling, in accordance with the.standards for Water PmDutNn Control Facility Construction OAC252:85O- 707NORTH RONN0NR&0OXl�7,URAHOMP,0�O11,LAI IOMA 7310-1677 printed on recycled paper wilh soy ink 5 0 K L A H 0 M A STEVEN A. THOMPSON DOWITMINT OF NVIONM.-NTA' - QUALITY Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY MARY rAILIN Permit No SL000072110264 SEWER LINES PWSID No. 8- 21310 PERMIT TO CONSTRIUICT 14.) That the lift station Is approved for a peak hydraulic loading of 6,950 gallons/minute. Before additional loading is connected to the system, plans for suitable enlargement of the facilities shall be submitted to the Oklahoma Department of Environmental Quality for approval, Failure to appeal the conditions of this permit In writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. Quality D- i v, i s-i on' 707 WRTH RMNSON, P.O. BOX 1677, OKLAHOMA (11Y, 0KIAHViA 73101-10-1 print9d on recycled paper with soy !Ilk e� ill, q.94, J 0 STRONG EXECUTIVE DIRECTOR October 24, 2011 Mr Doug[Bqp'ebrake, Chairman Owasso Publy'c WO-*& Authority 1 1 1 N Main X. Owasso,'WalKorria 74055 Dear Mr. Bonebrake: STATE OF OKLAHOMA WATER RESOURCES BOARD www owrb ok gov MARY FALLIN GOVERNOR Under the FY 2011 Appropriations Bill for the Clean Water State Revolving Fund Program (CWSRF), the Oklahoma Water Resources Board has the ability to provide additional subsidization in the form of principal forgiveness to projects that incorporate eligible "green" elements, In reviewing the documentation provided by the Owasso Public Works Authority in support of the $3,540,000 CWSRF funding request to Replace the Santa Fe Lift Station (ORF-10-0014-CW), 0WR13 engineering staff have deternimed that approximately $107,434 60 is considered "green" according to EPA's Green Project Reserve Guidelines. Consequently, based on the formula set forth under the Clean Water State Revolving Fund FY 2012 Intended Use Plan, Owasso is eligible for approximately $107,434.60 in CWSRF loan principal forgiveness The pnricipal forgiveness arriount is based on 15% of the total project cost or the cost of the green component(s) whichever is less The final determination will be made prior to loan closing Attached please find the CWSRF Green Project Reserve Eligibility Determination Form completed for your project Please keep this information for your records As required by EPA, this information will also be made available on the OWRB website at www owrb ok gov Please don't hesitate to let me know if you have questions or need additional information, We look forward to working with you on this project Sincerely, Freeman, Chief Financial Assistance Division Cc Rodney Ray, City Manager Angela I-less, Finance Director Allan Brooks, Bond Counsel Joe Gargan, Consulting Engineer John Barron, OWRB Engineer Sonia Mock, OWRB Analyst Matt Cogburn, OW" Environmental Specialist Tony Mensah, OW`RB Engineering Manager Stato of okoxxm 3800 N CLASSEN BOULEVARD - OKLAHOMA CITY, OKLAHOMA 73118 TELEPHONE (405) 530-8800 . FAX (405) 530-8900 0" WATUR U-SCURCES BOARD Linda P Lambert, Chairman # F Ford Drummond, Vice Chairman - Joseph E Taron, Secretary me wotw agency Torn Buchanan - Mar4m Feaver • td Fite - Rudy Hearnann - Kenneth K Knowles - Richard C Sevenoaks Clean Water State Revolving Fund (CWSRF) Green Project Reserve Eligibility Determination Name of System CWSRF Project Number/ Loan Number General Project Description Owasso Public Works Authority ORF- 10- 0014 -CW The Proposed protect consists of the replacement of the Santa Fe Lift Station to triple pumping capacity and the installation of about 4,400 feet of new 20 -inch force main GPR Component Description Item Category $ Categorically Business Case Required? Green (Yes /No) (Yes /No) Variable Frequency Drives Energy Efficiency $96,00000 No Yes Approved GPR Amount Prorated eligible costs Total GPR Amount Approved Subsidy Amount (if applicable) Approv by John A 6arro , PE, CFM CWSRF Protect Engineer *Categories Green Infrastructure/Water Efficiency /Energy Eff iciency /Environmentally Innovative $95,00000 $12,43460 $107,43460 $107,43460 October 5, 2011 Date 10/28/2011 - 10:00 A.M. - City of Owasso City Community Center CITY OF OWASSO, OKLAHOMA SANTA FE LIFT STATION REPLACEMENT PROJECT BIDS Bidder Bid Bond Bid Affidavits Acknowledge Addendum #1 Base Bid 1 Ira M Green Const X X X $ 3,691,441.00 $ BRB Construction X X X $ 2,870,000.00 3 Gordons Construction 4 Ram Utility Construction X X X $ 2,794,000.00 5 Crossland Construction X X X $ 3,038,000.00 6 HCC Co. X X X $ 3,073,300.00 7 McGuire Brothers X X X $ 3,367,700.00 8 LaForge Budd Construction 9 lCherokee Pride Const 10 1 Cook Construction 11 W.N. Couch X X X $ 2,636,700.00 12 Walters Morgan Construction X X X $ 3,399,500.00 13 Triangle Construction 14 Sherwood Construction 15 Double S Construction 16 L &L Construction 17 Howard Estruct Engineer's Estimate $ 2,900,000.00 SECTION 00520 AGREEMENT FOR CONSTRUCTION SERVICES THIS AGREEMENT is dated as of the year 2011 by and between Owasso Public (hereinafter called OWNER) day of in the Works Authority, City of Owasso, Oklahoma and (hereinafter call CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: SANTA FE LIFT STATION AND FORCE MAIN REPLACEMENT PROJECT CITY OF OWASSO, OKLAHOMA Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Santa Fe Lift Station and Force Main Replacement Project Article 3. ENGINEER 3.01 The Project has been designed by Greeley and Hansen, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. Article 4. CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. OSFLS 00520 -1 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 240 days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 300 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one thousand dollars ($1,000) for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER one thousand dollars ($1,000) for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. Article 5. CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01A and 5.01B below: A. For Contract Item 1, all Work other than Unit Price Work, a Lump Sum o£ Two Million Six Hundred Ten Thousand Dollars $2,610,000. (In words) (In figures) All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the General Conditions; plus B. For all Unit Price Work, an amount equal to the sum of the computed total prices for all Contract Items paid for as Unit Price Work. The computed total price for each separately identified Unit Price Contract Item is the established unit price for the Item times the actual quantity for that Item. For the purposes of this OSFLS 00520 -2 Agreement, estimated quantities have been used to determine the initial computed total price for each Unit Price Contract Item. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. The final computed total price for each Unit Price Contract Item will be determined using the established unit price and actual quantity for that Item. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. The Unit Price Work, established unit prices and estimated quantities are as shown below: Con- Price In Figures tract Computed Item Estimated Description and Unit Total Price No. Quantity Price in Words Unit Price For Item 2 100 Cu. Yds. Additional Earth Excavation $67.00 $6,700.00 3 100 Cu. Yds. Additional Select Fill Material $36.00 $3,600.00 4 100 Cu. Yds Additional Class D Concrete $120.00 $12,000.00 5 2,000 Pounds Additional Epoxy Coated Reinforcing Steel $2.20 $4,400.00 COMPUTED TOTAL PRICE FOR ALL UNIT PRICE WORK Two Million Six Hundred Thirty Six Thousand Seven Hundred Dollars $ 2,636,700 (In words) (In figures) Article 6. PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainag_e A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment, on or about the day of each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2. below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the OSFLS 00520 -3 aggregate of payments previously made and less such amounts as ENGINEER may determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. a. 90 percent of Work completed (with the balance being retainage). If the Work is 50 percent complete as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed less the aggregate of payments previously made; and b. 90 percent of cost of 'materials and equipment not incorporated in the Work but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95 percent of the Work completed, less such amounts as ENGINEER shall determine, in accordance with paragraph 14.02.13.5 of the General Conditions. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. Article 7. CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work. OSFLS 00520 -4 D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions as to the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.0213 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies or data are necessary for the performance of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. OSFLS 00520 -5 J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement 2. Exhibits to this Agreement 3. Performance and Payment Bonds 4. Notice to Proceed 5. Standard General Conditions of the Construction Contract 6. Supplementary Conditions 7. Specifications bearing the title Contract Documents and Specifications for Santa Fe Lift Station and Force Main Project. 8. Set of Contract Drawings bearing the title Santa Fe Lift Station and Force Main Project. 9. Addenda (numbers 1 tol, inclusive.) 10. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR's Bid b. Documentation submitted by CONTRACTOR prior to Notice of Award C. Exhibit SC -A - Small, Minority and Business Enterprise 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments b. Work Change Directives and C. Change Order(s). OSFLS 00520 -6 B. The documents listed in paragraphs 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.05 of the General Conditions. Article 9. MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provisions or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. OSFLS 00520 -7 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER, and CONTRACTOR. All portions of the Contract Documents have been signed, or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on the date first above written. OWNER: Owasso Public Works Authority 111 North Main Street Owasso, OK 74055 By: Title: Chairman, OPWA Attest: Title: Address for Giving Notices: Designated Representative: Name: Title: Address: Phone: Facsimile: CONTRACTOR: W.N. Couch Contractors 401 South Memorial Drive Tulsa, OK 74112 By: Title: Attest: Title: Address for Giving Notices: License No. (Where applicable) Designated Representative: Name: Title: Address: Phone: Facsimile: OSFLS 00520 -8 .............. .............. . . . ............. . ..... . ........ . .................. . . OT�h. City Wit iout Limits. TO: The Honorable Chairman and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Santa Fe Lift Station and Force Main Replacement Project Construction Services Engineering Agreement DATE: November 11, 2011 BACKGROUND: On February 16, 2010, the Owasso Public Works Authority authorized an engineering services agreement with Greeley and Hansen, LLC in the amount of $145,874 for design work related to the Santa Fe Lift Station and Force Main Replacement Project. The original scope of the agreement included the following work tasks as a basis for the cost: 1. Detailed Design 2. Detailed Specifications 3. Geotechnical Evaluation 4. Soils Exploration 5. Construction & Cost Opinion 6. Bid Assistance 7. As Needed Survey The above tasks have been completed and staff anticipates construction of the project to commence in December. CONSTRUCTION SERVICES ENGINEERING AGREEMENT: Due to the specific need for services related to the actual construction of the project not included in the original engineering services agreement, staff contacted the design engineer and requested a proposal for the following construction services: I a 2. Site Visits to be made quarterly or as requested by staff in order to address concerns of OPWA, inspectors, staff, and contractors. 3. Change Orders, supplementary drawings and clarifications for any design changes as deemed necessary throughout the construction process. 4. Record Drawings or "As-Builts" to be provided which are necessary for both future maintenance and possible future expansion of the facility. Greeley and Hansen submitted a proposal to address the above-mentioned construction services in the amount of $130,000. After further discussion with the design engineer, a second proposal was submitted at a negotiated rate of $88,334 (see attached exhibit A) without the loss of any services contained in the original proposal. Due to the technical nature ofthis project, ]he Public Works Staff considers d important hohave the project's design engineer expertise and resources available for review, consultation, and record drawing capabilities until the completion of the project. Such on agreement would ensure the completed upgrades to the fodU1y and force main alignment are constructed as designed. FUNDING: Funding for this project will beobtained from the Oklahoma Water Resources Board via oloan from the Clean Water State Revolving Fond as provision of the 3onkz Fe Lift Station and Force Main Improvement Project ondindudedintheoveraU|oonomount 2*00,11TIT41VOTT-Vt MW Staff recommends Trustee uppnzvo| of on agreement between the Owasso Public VVodo Authority and Greeley and Hansen, LLCin the amount of$88 334 for construction engineering services related to the Santo Fe UM Station and Force Main Improvement Project, and authorization for the Chairman 10 execute the agreement. ATTACHMENTS: A. EstimotedProfesdono|EngineeringSemicesFee - ConxtruchnnPhose R. Agreement for Professional Engineering Services AT'I"ACHMENT E OWASSO PUBLIC WORKS AUTHOR117Y SANTA FE LIFT STikTION AND FORCE .MAIN REPLACEMENT ESTIMATE D PROFESSIONAL EN G't VEER LNG SERVICES SEE - CONSTRUCTION PHASE SUMMLARY Greeley and Hansen.LLC Noven-iber 2, 2011 1/3/2011 9:39 N;Nl Owasso Sl*,'[.,S Construction ServIces Aftachnier.1t E.x1s PROJECT PROJECT PROJECT CADD DESCRIPTION DIRECTOR MANAGER ENGINECR, TECH ......... lask 1 Shop Drmving Review $ 3,73.5 33438 1 7,9 5T $ 55,126 Periodie SiLe Visits, $ 2,490 $ 4,536 $ - $ - $ 7,026 Task 3 Change Orders, SLIJ)plei-,iciital.D.i �twiii �ys and. ReqLiestfol-.f.iiterp.retatioiis ZZ, $ 996 $ 9,070 $ 7,871 $ 552 $ 18,499 Task 4 - Record Drawinn $ 249 5,443 $ - - $ 5,692 S 52,487 Offict CO"Structioll Services Total 7,470 S 25,825 552 $ 86,334 T_ Express Mail Service for Shop Drawings S, 2,000 0DI:C'�sIT='otal L_ $ 2,000 I'rnioef Tn . . ................ S '88-333 1/3/2011 9:39 N;Nl Owasso Sl*,'[.,S Construction ServIces Aftachnier.1t E.x1s M17# "-'?ffC-9kJ Owasso, Oklahoma M IN THIS AGREEMENT, made and entered into this November_ 2011 between the Owasso Public Works Authority, Owasso, Oklahoma, a Mmaicipal Corporation, of Oklahoma, hereinafter referred to as AUTHORITY, Greelev and Hansen LLC, an Illinois Limited Liability Company with its principal office at I'00 South Wacker Drive, Chicago, Illinois, 60606-4004, hereinafter referred to as ENGINEER, WITNESSETH: WHEREAS, AUTHORITY intends to construct the Santa Fe Lift Station and Force Main Replacement Project, :hereinafter referred to as the PROJECT; and, WHEREAS, AUTHORITY requires certain professional services in connection with the construction office services of the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF, PROTE . 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. AUTHORITY'S RESPONSIBILITIES. AUTHORITY will. be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE AUTHORITY, which is atUiched hereto and incorporated by reference as part of this AGREEN4ENT- 4. COMPENSATION. AUTHORITY will pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment- F, FEEZMANI-IOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of tl-is AGREEMENT. SCHEDULE. ENGINEER shall perform the SERVICES described in Attach rent B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attaclarnent F, SCHEDULE attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFOR'ANCEL ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard or similar services with. respect to project,-, of comparable function and complexity and with the applicable laws and regulations published ai Ld in effect at the til ne'of performance of the SERVICES. The PROJECT shall be completed 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 perfo rm, such engineering services, which qualification shall be subject to review by AUTHORITY, 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 deliverables. 7. LIMITATION OF RESPONSIBILITY. 71. 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 al a construction site is for the purpose of providing to the AUTHORITY a greater degree of confidence that the completed constiuctio 1 0 n work will conform generally to the construction documents and that the integrity of the design concept as reflected in the 0 construction documents has been implemented and preserved by the construction truction contrac tor(s) . 7.3. In soils, foundation, gro-uridwater, and other subsurface investigations, the actual characteristics may vary sip -dficantiv 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, five (5) hard copies of record drawings are to be I provided upon the completion of the project. Computer- o 0 enera t e d drawing files furnished by ENGINEER are for AUTHORI'lY or others'convenh:,.nce, Any conclusions or information derived or obtainedfron-t these files will be at user's sole risk. 8. SCI-ILEDULE, 8.1. Since ENGINEER has no control over the resources provided by offers 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 AUTHORITY from and against legal liability for damages arising out of the performance of the SERVICES for AUTHORITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature -where such liability is caused by the negligent act, error, or omission of 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 AUTHORITY or any other contractor or consultant of the At JTHORITY, 9.2. ENGINEER shall not be liable toA- ,UTHORITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. -M CONTRACTOR INDEMNIFICATION AND CLAIMS. 1.0.1. AUTHORITY agrees to include in all construction contracts the provisions of Articles 71, and 7.2, and provisions providing contractor indemnification of AUTHORITY and ENGINEER for contractor's negligence, 10.2, AUTHORITY shall require construction contractor(s) to name AUTHORITY, Greeley and Hansen LLC and Klein and Hoffman, Inc. 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 hi Attactunent B, SCOPE OF SERVICES. 12. INSURANCE 12.1. During the performance of the SERVICES under this AGREEMENT, 0 ENGINEER sball maintain the following insurance: 12-1.1, General Liabilfty Insurance with bodily injury hinits of not less t1lark $1,000,000 for each occurrence and not Jess than $1,000,000 in the ag gre-gate, and with property darnage Iii- nits of not less thal-t 6100,000 for each b occurrence and not less flaan $100,000 in the aggregate. 12.1.2. Automobile Liability us urance with bodily anj n- Bruits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage lin-tits of not less than $100,000 for each accident, 12.1.1 Worker's Compensation Insurance in. accordance with statutory requhrements and Emplovers'LiabfltitN7 Insurance with limits Of s -t f not leis thal $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the tern of any legal [iability. Errors and Omissions coverage to be for a ni-inimum of $1,006,000, deductibles subject to approval. 0 122. ENGINEER shall furnish AUTHORITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the AUTHORITY. 13. QW, NERSHIP AND REUSE OF DOCUMENT'S. 13.1. All documents, including record drawings, field notes -a shall become L and data and remain the property of the AUTHORITY. 13.2. AUTHORITY'S reuse of such documents, without written verification or adaptation by ENGINEER for the specific purpose intended shall be at AUTHORIY'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. 142 AUTHORITY shall have the right to terminate this AGREEMENT, or suspend perforinance there-of, for AUTHORrITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to AUTHORITY. In the event of terinhiation or suspension for AUTHORITY'S convenience, AUTHORITY shall pay ENGINEER for all SERVICE,,; performed to the date of termination in accordance ivith provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGIINTEER's contract price and schedule shall be equitably adjusted. 1.5. NOTICE. An , 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: Joseph M, Gorgart, P.E. Greeley and Hansen LLC 100 S. Wacker Drive, Suite 1400 0licag0 o, Illinois 60606 To AUTHORITY: Owasso Public WorksAuthority P O. Box 180 Owasso, Oklahoma '74055 Atten tion: Roger Steve, is 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications betiveen representatives of ENGINEER and AUTHORITY. 16. UNCONTROLLABI E FORCES, Neither ATJTHORrfY 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 riot limited to: fire, flood, earthquakes, storms, ligh'a-ting, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either AUTHORITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17, SEVIERABILITY. If any portion of this AGREEMENT shall be construed by 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 Attaclunents A, B, C, D, E, F and represent-, 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. AUTHORITY I may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or Lime required for performance of the services, an equitable adjustinei ut will be mad -0 through an amendment to this AGREEMENT. This AGREEMENT n-tay be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute betweerL the ENGINEER and the AUTHORITY over the interpretation or application. of the terms of this AGREEMENT, the matter shall be referred to the AU'rHORITY'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 AUTHORITY Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMIENT. ENGINEER shall riot 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 tl:,,e SERVICES hereunder, .1 21 APPROVAL. It is understood and agreed that all work perforn-Led under this AGREENTENT shall be subject to inspection and approval by the AU I I HORlTY, and any plans or specification-, not meeting the terms set forth in this AGREEMENT shall be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER shall meet with the AUTHORITY staff initially and periodically thereafter and will be available for public meetings ea-td/or AUTHORITY presentations, 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENG T INEERI, ias designated Ryan M. Christopher as Project Manager for the PROTECT. EINGINEER agrees that no change will be made in Lhe assignment of this position without prior approval of AUTHORrry. IN -WITNESS A/VHFREOF, the par Lies have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective OIL the date execLittd 1,-,y the Chair Of the AUTHORITY. APPROVED: Authority Clerk APPROVE D AS TIC FORM: Authority Attorney Greelev and Hansen LLC ATTEST: (-1441 Ryan M. Christopher Date It-T',zolf OWASSO PUBLIC WORKS AUTHORITY Chair Date Owasso Public Works Authority Santa He Lift Station and Force Main Replacement Project Scope of Project Greeley and Hansen LLC November 2, 2011 SCOPE OF PKQLL:CL, The PROJECT consists of the Santa Fe Lift Station arid Force INI.ain Replacement Project as described. Basic construction engineering off-ice services include shop drawing review, periodic site visits, change 0 b orders, supplementary drawings and clarifications, and record drawings for the wastewater treatment plant and pump station project. The Santa Fe Lift Station and force main upgrade are summarized as described in the Contract Documents titled "Santa Fe Lift Station and Force Main Replacement Project" dated September 2011, The execution of the services will be broken tip into four major tasks: 1. Submittal Review 2, Periodic Site Visits 3. ChayigeOrdcrs,Sul)plemeiLtaj--v Dr twii-tgs,a-tLdReqLi.est.s for lntcrpreLition 4. Record Drawings A more detailed. description of each work task is provided as part of Attachment B. SRS CON STRUCTiON 8DRV I �-ES A' I-AG;' %,F:NT A.D-C Owasso Public Works Authority Santa Fe Lift Station and Force Main Replacement' Project Greeley and Hansen LLC November 2, 2011 The services to be performed by the ENGITNFER, Greeley and I lansen LLC, under this AGREEMENT consists of providing basic professional en-ineering office services during construction of the Santa Fe Lift Station and Force Main Replacement Project. Further, it is Understood and agreed that the date of becrinning, rate of progress, and the three of completion of the services to be done herecl-ider are essential provisions of ti-lis AGREEMENT; and it is further understood and agreed that the services embraced in this AGREEMENT shall commence upon execution of this AGREEMENT' and receipt of Notice to Proceed. Greeley and Hansen LLC will furnish the AUTHORITY the following professio.;.-,r�l engineering services for tl,-ie Santa Fe Lift Station and Force Main Replacement Project: 1. Submittal Review 1.1 Review submittals for compliance with the design- intent as expressed in the contract documents. 1.2 Costs associated with review of third and subsequent subn'tittals are not included in the compensation set forth in this AGREEMENT for Professional Engineerftig Sery ices and shall be compensated for as additional services,. Costs associated with review of third and subsequent submittals shall be invoiced separately from other tasks. 2. Periodic Site Visits 2.1 Qi--talified representatives of the ENGINEER shall periodically visit the site during construction. The designated project manager for the ENGINEER � vill visit the project site approximately once every 90 calendar days and the designated Project Director approximately twice over the course of the project. Any comment-, and observations regarding the project construction work shalt be given to the Resident Project Representative (MIR) and the AUTHORITY. The AUTHORITY will provide the services of the RPR. 0YVAK0 SPIS COINS PUCTION SERWOES ATT A'AC;F![v';1-NT B-V'C; 3. Change Orders, Supplementary Drawings and Requests for Interpretation 3.1 Review Contractor's Request,, for Interpretation (TUTs) and charLge orders wid provide recommendations to ALTTETORITY for disposition. Prepare supplementary drawirigs and specifications as needed for clarification, of the contract doctunents. Design changes are excluded from the scope of this task and will be provided upon separate authorization by the AUTHORITY. 4. Record Drawings 4-1. Aimotate and reference changes reported to the Resident Project Representative during collstruction on the original contract draw-ings, These record drawings shall incorporate changes Shown on the Conti actor's and the Resident Project Representative's record sets of drawing s, supplenoentan drawings, shop ch-awings, and other records of field changes. Subritit to the AUTHORITY five (5) hard copies of the record drawings upon the completion of the project. SFLS CONS-1 RUC iON SERN`CES,,`,T-.- ACHMENII E.DCIC B - 2 Owasso Public Works Authority Santa Fe Lift Station arid Force Main Replacement Project Greeley and Hansen LLC November 2, 2011 RESPONSIBILITIES OF THE AUTHORFI'Y. The AUTHORITY agrees: A.. Schedulin&. Provide notice to proceed at least 14 days prior to actual project start date. B. Reports, Records, etc. To furnish as required by the work, and at no expense to the ENGINEER: , Records, reports, studies, plans, drawings, and other data available in the files of the AUTHORITY that may be useful in the work involved under this AGREEMENT. ENGINEER may reasonably rely upon the accuracy, timeliness, and completeness of the information provided by AUTHORITY. C. Access. To provide access to public and. private property when required in performance of ENGITNEER's services, D. Staff Assistance, Designate in writing a person to act as 0 its representative in respect to the work to be performed under tl-ds AGREEMENT, and such person shall I- lave complete authority to transmit instructions, receive information, interpret and define AUTHORITY'S policies and decisions with respect to materials, equipment., elements and systems pertinent to the services covered by this AGREEMENT. E. Review. Examine alt sketches, estimates, specifications, drawings, proposals arid 0 proposals other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the Bel-vices of ENGINEER. R Resident PrOject Representative The AUTHORITY will provide a Resident Project Representative for this PROJECT. G. Concrete Materials, Soils and Geoterchnical - ng. Testi The ENGINEER is not responsible for any required concrete, materials, soil and geot-ecl-mica l testing and reports, The AUTHORITY will engage others to provide these services. 'J'A'ASKI -T! cos TIR-CT.01N AC AE i C,Doc Owasso Public Works Authority Santa Fe Lift Station and Force Main Replacement Project Greeley and Hansen LLC November 2, 2011 The AUTHORITY agrees to pay, as compensation for services set forth in Attachment B, a total lump sum fee of eighty eight thousand and three hLindred thirty four dollars ($88,33100) for the services described in Attachment B. ENGINEER shall submit monthly invoices based upon the proportion of the total services actually completed at the time of billing. Invoices are due and payable within 30-calendar days of receipt by the AUTHORITY. A breakdown of the not to exceed amount to be billed for each of the tasks is shown as follows: I'Vork Tasks Estimated Fee 1. Subrnittcd Review $055,127 1 Periodic Site Visits $7,026 3. Change Orders, Supplementary Drawings and $18,489 Requests for Interpretation 4. Record Drawings $5,69 Subtotal: $86,334 ODCs ' 2,000 Total: $88,334 Owasso Public Works Authority Santa Fe Lift Station and Force Main Replacement Project Greeley and Hansen LLC November 2, 2011 SCHEDULE: The construction of the Santa Fe Lift Station and Force Main Replacement Proejct will be conducted in a single phase. It is anticipated that the project will require approximately 10 months to complete. The schedule below illustrates a start date of December 1, 2011 and an approximate complebori. date of December 2,2011."F.I-Le schedule is as follows: • Notice to Proceed to begin construct ion -December 1, 2011. • Notice to Proceed is provided to ENGINEER froi.-D. the AUTHORITY -December 1., 2011. • Substantial Completion of Project - July 28,, 2012. Is Final Completion of Project- September 26, 2012 0V14,.G,S,') SFLS C;'UNSI RUCTION i*TACH,1,11T F. cc_ F-1