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HomeMy WebLinkAbout2001.12.18_OPWA AgendaTYPE OF MEETING: Regular DATE: December 18, 2001 TIME: 6;30 p.m. PLACE: Council Chambers, Owasso Community Center Notice and agenda filed in the office of the City Cleric and posted at City Hall at 4000 p.m. on Friday, December 14, 2001. Marcl,13ouelI,Autho ty Secretary 1. Call to Order Chairman Baruhouse 2. Invocation Vice Mayor Brogdon 3. Flag Salute 4. Doll Call Owasso public Works Authority December 18, 2001 Page 2 5. Consideration and Appropriate Action Relating to a Bequest for Approval of the Consent Agenda. All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from consent by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of the Minutes of December 4, 2001 Regular Meeting. Attachment #5-A B. Approval of Claims. Attachment #5- 6. Consideration and Appropriate Action Relating to a Bequest to Purchase Two Service 'rucks and One Pickup Truck. Mr Roberts Attachment #6 Owasso Public Works .Authority December 18, 2001 Page 3 `%. Consideration and .Appropriate Action Relating to Change Order #2, a Change Order to a Contract Between the Owasso Public Works Authority and Sapulpa Digging Inc for the Construction of the Ator belief Line. Mr Bates Attachment 47 The staff will recommend Trustee approval of Change Order 9-2, in the amount of $23,499.11 under the additional cost allowance bid item, representing $5,160 for additional shotcrete at existing creek crossing, $8,665.58 for addition 18" ductile iron pipe, and $9,673.53 for relocation of an existing 12" water line located directly over an existing sewer line. 8. Consideration and Appropriate Action Relating to a Department of Environmental Quality Consent Order, Mr Rooney Attachment #8 The staff will recommend Trustee consideration and approval of DECD Consent Order in Case No. 01 ®091, authorization for the Chair to execute the document, and authorization for the first payment of $5000. 9. Consideration and Appropriate Action Relating to a Request for a Supplemental Appropriation and Amendment to the OPWA Fund Budget. Mr Rooney See Attachment #8 The staff will recommend City Council action to approve a supplement appropriation to the OPWA Fund, OPWA Administration, increasing expenses in the amount of $10,000. Owasso Public Works Authority December 18, 2001 Page 4 10. Report from OPWA Manager. I I . Report from OP IA Attorney, 12. Now Business. (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 13. Adjournment. The Owasso Public Works Authority met in regular session on Tuesday, December 4, 2001 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, November 30, 2001. ITEM 1: CALL TO ORDER Chairman Barnhouse called the meeting to order at 6:30 p.m. ITEM 2: INVOCATION Mr Kelm offered the invocation. ITEM 3: FLAG SALUTE Members of Owasso Boy Scout Troop #80 presented the colors and led in the flag salute. ITEM 4: ROLL CALL STAFF Timothy Rooney, Interim City Manager Ronald D Cates, Authority Attorney Marcia Boutwell, Authority Secretary A quorum was declared present. ITEM 5: REQUEST APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of November 20, 2001 Regular Meeting. B. Approval of Claims. The consent agenda included minutes of the November 20, 2001 regular meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) Owasso Public Works Authority $198,763.14.72; (2) OPWA Capital Improvements $46,737.73; (3) OPWA Sewer Line Extension $147,362.37 (4) Payroll $36,399.08. Mr Helm moved, seconded by Mr Brogdon to approve the consent agenda Owasso Public Works Authority AYE: Helm, Brogdon, Armstrong, Williams, Barnhouse STAY: None Motion carried 5 -0. ITEM 6: REPORT FROM OPWA MANAGER No report. ITEM I: REPORT FROM OPWA ATTORNEY. No report. ITEM 8: NEW BUSINESS. None. ITEM 9: ADJOURNMENT Mr Brogdon moved, seconded by Mr helm to adjourn. AYE: Brogdon, Helm, Armstrong, Williams, Barnhouse NAY: None Motion carried 5-0, and the meeting was adjourned at 6:31 p.m. Marcia Boutwell, Authority Secretary -2- December 4, 2001 Mary Lou Barnhouse, Chair Fund Department Ambulance 911 »y «» » §£! «! » w«&�M Total 5.0 380.47 3,368.98 58,288.45 1,269.30 2,158.20 6,3]].!5 6,311.15 1,500.00 »§t<*+ < »,� #■ \ � TOTAL ®IOWA Capital Improvements ORITTA Collision Self-Insurance 450 Wastewater Treatment Plant TOTAL Debt Service 964.01 3,330.16 15.40 1,332.27 1,471.43 1,291.36 4,136.04 12,552.67 23,000.00 12,973.45 12,973.45 675.90 375090 1,200.00 TOTAL 1 ,200000 Claims iota! 246,758472 PAY PERIOD ENDING DATE 12/01/01 DEPARTMENT OVERTIME TOTAL EXPENSES EXPENSES Utility Billing 0.00 1,856.19 I�.- 81.48 7,498.58 Refuse 341.00 5,103.68 APPROVED: December 18, 2001 Trustee l ,. HONORABLE MAYOR AND COUNCIL CITY OF OWASSO HONORABLE HAS AND TRUSTEES WASSO PUBLIC WORKS AUTHORITY CHRIS ROBERTS FIELD OPERATIONS MANAGER SUBJECT. VEHICLE PURCHASES FOR THE STREETS, WATER DISTRIBUTION, WASTEWATER COLLECTION DIVISIONS AND WASTEWATER i ¢ S i PLANT c s December 5, 2001 Water Division A new 1 ®ton truck equipped with service body was budgeted for the Water Division to provide transportation for the main line crew and a convenient, secure storage area for tools and equipment. Presently, the Water Division has only one (1) service vehicle, which was purchased in 1992 (odometer /124,925 miles). Due to distribution system expansion and work demands placed on the division personnel, an additional service vehicle is needed to allow multiple work crews to perform services in simultaneous locations. Page 2 Vehicle Purchases Wastewater Collection Division X new service truck equipped with a flatbed, contractor body is intended to replace an existing 1985 Ford flatbed truck (odometer/ 160,670 miles). The 1985 Ford is in poor operating condition due to age and frequent use. The new truck will be used to haul personnel, tools, materials and equipment for collection system maintenance and repair. In September 2001, technical specifications were prepared for the three (3) service trucks and bid proposals were sent to local vendors. Equipment specifications were developed for each 1 -ton truck to allow for differences in service body features and engine type/size. Since a base-model pickup truck is all that is required for work at the Wastewater Treatment Plant, technical specifications were not prepared. Staff determined that purchasing options are currently available for a Y2-ton pickup truck with standard equipment from the 2002 State of Oklahoma bid list. Service Trucks On October 11, 2001, one (1) bid (submitted by Classic Chevrolet) was received for each of the three (3) service trucks with unit prices as follows: Streets Division (2002 Chevrolet Silverado — Model 3500) Base Bid Alternate #1 Alternate #2 Extended Price Available Budget Amount (extra cost) (extra cost) $29,496.46 1 $3,300.00 $95.00 $32,891.46 $36,000.00 Alternate #1 — Four-wheel drive Alternate #2 — Front and rear all - terrain tires Base Bid Amount $29,496.46 Alternate #1 (extra cost) $3,300.00 Page 3 Vehicle Purchases Alternate #2 Alternate #3 I Alternate #4 (extra cost) (extra cost) (extra cost) Extended price $95.00 1 $128.75 1 $306.25 1 $33,326.46 waw rra — ruui °wucc wive Alternate #2 — Front and rear all - terrain tires Alternate #3 — Removable, steel overhead ladder rack for service body Alternate #4 — Strip lighting for service body compartments Wastewater Collection Division (2002 Chevrolet Silverado — Model 3500) Base Bid Amount Alternate #1 (extra cost) $3,300.00 Alternate #2 I Alternate #3 I Extended price I Available Budget (extra cost) (extra cost) uiai —I VU-11— w— Alternate #2 — 8.1 liter gasoline engine Alternate #3 — Front and rear all - terrain tires t1i WE Available Budget $35,000.00 The bid submitted by Classic Chevrolet, Owasso, Oklahoma for the three (3) service trucks met all of the required specifications. All of the bid prices quoted in the bid document are FOB Requesting Agency and will be delivered within 120 days after receipt of order by the contract holder. Pickup Truck The FY 01 -02 Wastewater Treatment Plant budget includes funds in an amount of $15,000.00 for the purchase of a new pickup truck. The 2002 State of Oklahoma bid listing includes four (4) dealerships, which offer a Y2-ton pickup truck. Available purchasing options are summarized below. Wastewater Treatment Plant (1/2-ton Pickup Truck) Dealership Vehicle Description State Base Bid State Bid Price Amount w /options Boyd Chevrolet, Inc. (Oklahoma City, OK) 2002 Chevrolet Silverado C1500 $13,316.00 $14,251.00 Country Ford Mercury, Inc. (Oklahoma City, OK) 2002 Ford F 150 XL $14,998.50 $16,067.50 Hudiburg Ford LLC (Oklahoma ity, OK) 2002 Ford F150 XL $15,299.00 $16,389.00 badge; Town ITSA, Ines (Oklahoxiia City; C?K) 2002 Dodge Rani $13,574.00 $13,017.00, Options: Factory air conditioning Tilt steering/cruise control /intermittent wipers Page 4 Vehicle Purchases FUNDING SOURCE. Funds for the purchase of the vehicles are included in the FY 01-02 Capital Outlay budgets for each of the Streets, Water Distribution, Wastewater Collection, and Wastewater Treatment Plant Divisions. Line item adjustments (totaling $1,766.00) within the Wastewater Collection Division budget can be made to purchase a new service truck. Action Item — City Council Staff recommends Council approval of the purchase of a current production model, Chevrolet Silverado 03500 service track for the Streets Division in the amount of $32,891.46 from Classic Chevrolet, Owasso, Oklahoma and authorization for payment. Action Item — OPWA Staff recommends Trustees approval of the purchase and authorization for payment for the following vehicles: I A current production model, Chevrolet Silverado 03500 service truck for the Water Division in the amount of $33,326.46 from Classic Chevrolet, Owasso, Oklahoma. 2. A current production model, Chevrolet Silverado 03500 service truck for the Wastewater Collection Division in the amount of $27,765.63 from Classic Chevrolet, Owasso, Oklahoma. 1. Bid Documents 2. Bid Proposals 3. Letter form Classic Chevrolet Please note that these specifications establish minirnum, criteria and the bidder may exceed the noted specifications. The specifications identify the characteristics desired by the City/OPWA such that it is the intent to receive bids for a utility truck for the Water Division, which are similar to the specifications. Exceptions to these specific requirements must be clearly noted. 3. TRANSMISSION a. 6-speed manual with overdrive. b. Include PTO provision (Manufacturer's Standard). C. Include fluid cooler (Manufacturer's Standard). 4. COOLING SYSTEM a. Radiator: Largest capacity available from Manufacturer. b. Include coolant recovery system. Technical Specificatiolis - Water Division Page I - Compliance Qr Exca.Cion Compliance 5. ELECTRICAL SYSTEM ®r Exception a. 12-volt system., standard equipment b. One (1) 12 -volt, 750 CCA, maintenance free battery with jump-start stud. C. Alternator: Largest amperage capacity available by Manufacturer. d. Trailer wiring; 5-pin trailer connector. e° Include all lights and reflectors to comply with all Federal and Oklahoma State laws for 24-hour Highway operation. f Automatic � engine shut -down, with warning light and buzzer for low engine oil pressure, high coolant temperature and low coolant level, include automatic override. One . (1) headboard mounted warning light bar, Light assembly will include four (4) 50 flashing stationary lights. Two (2) 50W intersection lights adjust to any direction.. Includes four (4) standard -watt halogen rotators, and two (2) full diamond mirrors. 6. BRAKE SY•STpM a. Heavy-duty service brakes. b. Manufacturer's standard parking brakes 7. STEERING a. Power steering with tilt steering wheel. 8. allSEENSION a. Heavy -duty suspension, as required by manufacturer to -comply with GVWR. b. .Front stabilizer bar to be included. c. Heavy-duty front and rear shocks. f Auxiliary springs. 9. FRAME a. Two (2) front tow hooks included. 10. 3IEELPASE a. 60 -inch CA chassis to accommodate 9 -foot Reading Model 108FA13DW Service Body, or equal. 11. TIRES a. Front sizes Manufacturer's standard. b. Front tread design: All season radial. C. Rear size: Manufacturer's standard. d. Rear tread design: Mud and snow. e. A full size spare tire and wheel (mounted) shall be included. f. Manufacturer's standard spare tire carrier with lock shall be included. Technical Specifications d water Divisioil Page 2 Technical SPeciflclltiOxis - Water Divisioll Page 3 Compliance 12. LFUEUFANI� —Or Exception a. Manufacturers standard. 11 UNDE'RCOA LL1�N1Jh11-U0A1-1NG a. Per manufacturer's standard. 14. PAINT — a. Manufacturer's standard white. 150 ILUMPERS a. Manufacturer's standard front bumper. b. Reading Model 92R recessed deck plate rear bumper, or equal. C. Class ®S receiver hitch w . th receiver tube and adjustable 3-inch pintle eye, ZQ 40W 16. SERVICE BODy a. 9-foot Reading 108FA13DW Service Body with standard shelving package, or equal. b. Manufacturer's standard white paint. 17. MLSCELLANEOUS a. Five (5) sets of keys to ignition and any other locks provided. b. Two (2) Owner/Operator manuals. eivpl ej.-Av ALTERNATES TO BASE BID Technical SPeciflclltiOxis - Water Divisioll Page 3 SPECIFIC REQUIREMENTS - WASTEWATER COLLECTION DIVISION Please note that these specifications establish minimum criteria and the bidder may exceed the noted specifications. The specifications identify the characteristics desired by the CitY/OPWA such that it is the intent to receive bids for a utility truck for the Wastewater Collection Division, which are similar to the specifications. Exceptions to these specific requirements must be clearly noted, Compliance L CAB Or LExertion a. 2-door conventional chassis cab. b Bench type seat with seat belts for 3-people. C. Heavy-duty vinyl seat covering. d. Driver and passenger side sunvisors. Interior dome ' light with door activated switch. Electric intermittent windshield wipers with dual washers. 9. One (1) interior wide-angle day/night type mirror; exterior 7"x 16" West Coast style with 3-inch diame-ter bolt-on type h. convex mirrors, mounted on each side. Factory installed air conditioning, through-dash type. i. Full in-dash mounted gauge package. j. Full headliner. k. Full rubber floor mat. Factory installed AAffM radio. in. Tinted glass, all windows. 2. ENGINE a. b. Engine: Gasoline (6.1 liter). Oil filter: Full flow, 0. spin-on type. Dry type air cleaner, dual replaceable elements. d. Fuel filter: In-line type. o. In-dash mounted -engine hour meter. 3. IRAN.SMISSION a. 5-speed manual with overdrive. b. Include PTO provision (Manufacturer's Standard). C. Include fluid cooler (Manufacturer's Standard). 4. �COOLING SySTEM a. Radiator: Largest capacity available from"Manufacturer. b. Include coolant recovery system. Technical Specifications - Wastewater Collection Division Page 1 Compliance 5. ELECTRICAL SYSTEM _Or a. 12-volt system. b. One maintenance free battery with jump -start stud. Largest amperage capacity available by manufactuere. co Alternator: Largest amperage capacity available by manufacturer, d. Trailer wiring: 5-pin trailer connector. ee Include all lights and reflectors to comply with all Federal and Oklahoma State laws for 24-hour Highway operation. f Automatic engine shut -down, with warning light and buzzer for low engine oil pressure, high coolant temperature and low coolant level; include automatic override. 9. One (1) headboard mounted warning light bax'. Light assembly I will include four (4) 50W flashing stationary lights. Two (2) 50W intersection light's adjust to any direction. includes four (4) standard-watt halogen rotators, and two (2) full diamond mirrors. 6, BRAKE SySTEM a. Heavy-duty service brakes. b. Manufacturer's standard parking brakes 7. 5 FEE RING a. I Power steering with tilt steeling wheel. 8, jUSPENSION a. Heavy-duty suspension, as required by manufacturer to comply with GVWR. b. Front stabilizer bar to be included. co Heavy-duty front and rear shocks. f Auxiliary springs to be included. 9. F a. Two (2) front tow hooks included. 10. MMEELBASE a. 60-inch CA chassis to accommodate 9-foot drop'side contractor body. 11. TIRES a. Front size: Manufacturer's standard. b. Front tread design: All season radial. C. Rear size: Manufacturer's standard. d. Rear tread design: Mud and snow. C. A full size spare tire and wheel (mounted) shall be included. f Manufacturer's standard spare tire carrier with lock shall be included. Tedmical Specifications - Wastewater Collection Division Page 2 12, LUEL TANK a. Manufacturer's standard. 13. !INDERCOA_TING a. Per manufacturer's standard. low Technical Speci ficati011s - Wastewater Collection Division Page 3 Compliance Or Exception . VEHICLE #3 - WASTEWATER COLLECTION DIVISION CURRENT YEAR MODEL 11,000 LB GVW, DUAL REAR WHEEL, 2-DOOR UTILITY TRUCK OWASSO PUBLIC WORKS AUTHORITY, OWASSO, OKLAHOMA VEHICLE SUMMARy MAKE: MODEL: TOTAL BASE DID ON UTILITY TRUCK (WASTEWATER COLLECTION) qv I hereby acknowledge that I have read the specifications and that I am legally bound by the statements on the Bid Proposal - Submittal Pages, BID OPENING: OCTOBER 11, 2001 @2:00 P.M� COMPLETE AND ATTACH THE NON-COLLUSION BID AFFIDAVIT TO RID STATE OF 09 COUNTY OF SS Subscribed and sworn before me this I I day of 2001. N E-Mail- clievroletfleet@msn.com Dear Chris, The prices on the tbree trucks put to bid in Sept 2001 have been extended until 12/3 1 /0 1. If there is any question or concerns please give me a call. Sincerely, UTMIGNTIOTMENTIMM a FROM-. JARED T. BATES CAPITAL PROJECTS ENGINEER SUBJECT- CHANGE ORDER 92 ATOR RELIEF LINE DATE. December 11, 2001 The contract award amount included a $25,000 allowance for additional work to fund changes encountered during construction. During construction, conditions were encountered which required immediate action to resolve. Timely resolution of these problems were necessary to accomplish the goal of the project and minimize any lost time and/or additional costs due to delays. As a result, decisions were made to perform needed work and request ratification by the OPWA of the decisions. Additionally, each activity would be included in a change order to be approved by the OPWA. The following items are included in the change order: Work Item Cost 1. Work Directive for additional slush grout mortar to stabilize the stream crossing on the McCardy property. Additional grout (43 cu, yds at $120/cu.yd.) was needed to stabilize new riprap placed on the slopes and needed to be placed when the Ranch Creek flow was low. $5,160.00 2. Additional 18-inch ductile iron pipe in lieu of PVC pipe. A discrepancy existed between the quantities shown on the plans and those shown in the bid list. The change required adding 620 LF of ductile pipe at a greater price than that of PVC and a reduction in a like amount of PVC pipe. $8,665.58 Page 2 Change Order #2, Ator relief Line No additional work days are requested in the change order. Project funds are provided by an Oklahoma Water Resources Board loan. No change in the total contract amount will be incurred by approval of the change order. The cost of the change is included in the $25,000 project allowance. Staff requests Trustee ratification of work items included in Change Order #2 and approval of Change Order #2 to the contract with Sapulpa Digging, Inc., to construct the Ator Relief Line in an amount of $23,499.11. 1. Change Order #2 2. Fax from Sapulpa Digging (6 pages) PROJECT: Ater Relief Line CHANGE ORDER NUMBER: 2 TO CONTRACTOR: P.6. B, • ox IT065 — Saulpa, OK 74061 The Contract is changed as follows: DATE: December 109 2001 CONTRACT DATE: January 169 2001 CONTRACT FOR: Sewer Line Upgrade and Elimination of Lift Station Incorporation of work Itess No,1 through 3 into the nr ®`sunder the ct Allowance. 1! a The original Contract Sum was $818,270.00 Net change by previously authorized Change Orders $0.00 The Contract Sum prior to this Change Order was $818,270.00 The Contract Sum will be unchanged by this Change Order in the amount of $0.00(i) The new Contract Sum including this Change Order will be $818,270.00 The Contract Time will be increased by 0 DAYS The date of Substantial Completion was November 14, 2001 Note: Total cost of Work Items No. I thorugh 3 is $23,499.11 to be paid from Contract Allowance. No change in contract price is required. Sapulpa Di in CONTRACTOR P.O. Box 1105. SaDUlpa, OK 74067 ADDRESS M. Owasso Public Works Authority OWNER P.O. Box 180, Owasso, OK 74405 ADDRESS M-O DATE DATE DEC-12-2001 11:35 SAPULPA DIGGING INC. 919 321 3951 P.01/06 Sapulpa Diggling., Inc. 134-99 S. 4e West Avenue Sapulpa� OK 74066 Phone (918) 321-3952 Fax (918) 321-3961 Th.- Jared Sates CapitW Projeds Engineer From Los Greo Pam ZTZ-4996 Page= 6 0M.'a., 12-12-01 El Urgent 13 For ftvlaw 0 Plasma CanwRmt 0 Plamw Reply 0 PW2" RmaycMa DEC-12-2001 11:35 SAPULPA DIGGING INC. 91e 321 .3951 P.02/06 Mid-ContMent Concrete Company Ku- Mx 387B I $a—fflk 74TO2-387a 1-800-771-7334 ralse. OK Phone 9Y"sz�eljj FaXM�WO-4670 Sentonvifte, AR PI-jQnfa 601-9-71,40,945 Fax Sol-q75-71t33 R. SmM, An Phone 501-782-OM Fax soi-xv-242o INVOICE NUMBEP 3365d TQ 'SAPULPA DYWING INC, P 0 Box IM JM ADDREM SAPULPA OR 74066 1.69HYW & 86TH ST NO " MUMMOR Mr-As NEUMM RMS., DUE IN �ULL ON THE IGTH OF THr- sala� 7.917 % 4 PLEASE )NTH FOLLOWING OATE OF PURCHASE, A REMIT TOr * 7MA L DUF IANCE CHARGE WILL SE AssrssED A TTHE PO, BOX 3878 XIMUM RATE AS ALLOWED UNDER STATE TULSA, OK 74109--.3878 14 N FOR IPA Volorzs PAID BEYOND TERMS, ORIGINAL Won WOO" . . . . . . . . . . . . 11 h I bill oft MAN allinal 9 @1 mail 0 a B116911 K141 M 0 gull al I PA AM SAPUL A DKGGING, XNC *A CXTY OWA O -ATOR REL ** Pad. Box il SAPaPA, 74007-1106 MOP" IM AA DE WOO 1300SOPIA N AIM RELIEF L. THE w I 04/26/01 11 FT B7235M 7® DEC-12-2001 11:36 SRPULPA DIGGING INC. "ENTERPRISESINC 6525 EAST 42ND STREET TLLSA . CX 74145-4629 Pismo cormat wfth Queatlom 918-628-ISOO SAPULPA DIGGING, ING *AQEUr CITY OWASSO-ATGR RELw-vu P.O. BOX 1105 SAPULPA, OK 740,87 .> m DEC-12-2001 11:36 SAPULPA DIGGING INC. 918 321 3951 P.05/06 2001 Hourly Rate & Labor Schedule Description I Houriv Rate I Total Hours I Total Amount Due Suiperview M60 I 2 $2A&GO EquipmerA Operator 15.00 1 2 $IWA Tr driver 15.1ala $12q.00 Labor 1 R00 a 16 3160.00 1997 Kdrmtsu Loader 110.00 a $wa=i 1 M Komatsu ExcawAor 2WD0 $I,M,00 2000 Komatsu Excavator 240M $0.00, 20DO NPK Hammer 280,00 $0.00 1 Target Portable 14!' Saw 25M $200.00 1992 Case Backhoe 05W 70.00 $D.00 1986 American GEM Traitor 40-00 $0,00 19M ii ill Dump Trailor 80.00 $480.0 01 1996 Nuttall 50 Ton Lowboy 40M $0.00 1983 International Service Tru MOO $0M0 1990 Freightfiner on $480.00 2001 Chev. 1 Ton w/1 2' Flatbed MO.0 Workers Comp, ins. (Per 100) 8.09 7W00 $57-1 General Liability Ins. ( Per 1000) 4A00 .9,1942.38 35 $411.35 Bonding (2.6%) 2.5QQ/t, %942M $223o5 56 Overhead SUBTOTAL, $5,398.cz 2 t % $6,207. r3 DEC-12-2001 11:36 SAPULPA DIGGING INC. 919 321 3951 P.06/06 am Anchor &one Ca, Water mduels, Inc. Ferguson Enterpdaes 0wdead 16% TOTAL P.06 ol MEWW'. W a i affli *11 W1 XOMITMAJ 11 0 WWWW"B Mali ILVIVA" MINWE FROM: TIMOTHY D. ROONEY ACTING CITY MANAGER RE: DEQ CONSENT ORDER NO. 01-091 DATE: December 13, 2001 BACKGROUND- The terms of the Administrative Penalty are required to be approved by the OPWA prior to the processing of the initial payment of $5,000. Additionally, in order to provide the necessary funds to make the first two payments in January and April, an amendment to the OPWA Administration Department budget increasing expenses by $10,000 would also need to be approved. A complete copy of the negotiated Administrative Penalty is attached for your information and review. R:. N1111110 Staff recommends Trustee approval the Administrative Penalty, outlining payment and project construction requirements as negotiated within the Administrative Hearing and contained within the Administrative Penalty. RE, COMMENDATION #2- Staff recommends Trustee approval of a supplemental budget appropriation, increasing expenses in the OPWA Administration Department budget by $ :10,000, ATTACHMEN'rs: Consent Order and Administrative Penalty BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY STATE OF OKLAHOMA In re Administrative Proceeding, Water Pollution Control, Owasso Public Works Authority, Respondent, Water Quality Division, Petitioner. S-21310 CqRTIES J-Jo. OK4020aO CONSENT ORDER Case No. 01-091 The Department of Environmental Quality (DE Q) and Owasso Public Works Authority (Respondent) (collectively known as Parties) desire to resolve issues of compliance involving certain violations without the necessity for formal administrative or judicial proceedings and hereby C) agree to this Consent Order. FINDINGS OF FACT L The Respondent, an Oklahoma public trust,' owns and operates a publicly owned treatment works ("POTW"), which treats wastewater and serves the residents of the City of Owasso, Tulsa County, Oklahoma. The POTW operates in accordance with a discharge permit, 2. The DEQ and the Respondent entered into a Consent Order, Case No. 98-288, on 3. The Consent Order, Case No. 98-288, required Respondent to "cease any and all unpermitted discharges from the wastewater collection system" (Paragraph Thirteen (13) of said 1,; r� 3 `�� s� � Asp. 220 The DEQ has the authority to seek administrative penalties for the above- referenced violations pursuant to 27A O.S. (Supp, 2000) §2-6-205. 23. The Parties may agree to this Consent Order pursuant to 75 O. S. (Supp. 2000) EM Based upon the foregoing, the Parties agree, and it is ordered, as follows: 240 This Order closes and supersedes the Administrative Order filed in this action matter (DEQ Case No. 01 -091) on October 4, 2001, as referenced above. 25. The terms of the Consent Order, Case No. 98-288, filed with the D on January seventy thousand dollars ($70,000000) for the violations referenced above. 29, The Administrative Penalty shall be paid as follows: b. The Respondent shall pay the remaining fifty thousand dollars ($50,000.00) in a Supplemental Environmental Project(s) (SEPs). The SEPs shall at a minimum cost one hundred thousand dollars ($100,000.00). Respondentshall complete the following tasks by the dates listed below for the SEP(s): Task Date A. Submit proposed project list March 1, 2002 B. Submit an approvable engineering report June 1, 2002 C. Submit approvable plans and specifications August 1, 2002 D� Start construction November 1, 2002 E. Complete construction November 1, 2003 30. The Respondent shall submit by January 1, 2002, an action plan for the purchase Revolving Fund and delivered to: Accounts Receivable Financial and Human Resources Management Department of Environmental Quality P.O. Box 2036 Oklahoma City, OK 73101-2036 32. The DEQ has received delegation from the United States Environmental Protection violated or future violations occur. Notwithstanding the above, stipulated penalties for failure to complete the tasks by the specified due date shall begin to accrue on the day performance is due as indicated herein with a maximum penalty of $ 120,000. DEQ may reduce or waive such stipulated penalty for good Accounts Receivable Financial and Human Resources Management Department of Environmental Quality P.O. Box 2036 Oklahoma City, Oklahoma 731012036 43. LI the event that the Respondent foils to pay the penalty as agreed to in Paragraph Forty-one (41), the DEQ may bring a separate action for collection of the penalty in district court or the administrative forum of the agency. An action for collection of the stipulated penalty will not waive the Respondent's duty to complete the tasks required by this Consent Order. M£,� 44. Unless otherwise specified, any report, notice, or other communication required under this Consent Order shall be in writing and shall be sent to: For the Department of Environmental Quality® Patrick Rosch, P.E., WPC District Engineer Water Quality Division Department of Environmental Quality P.O. Box 1677 Oklahoma City, Oklahoma 731011677 Denise Bode, Chair Owasso Public Works Authority P.O. Box 180 Owasso, Oklahoma 74055 45, This Consent Order shall be enforceable as any other Order of the Executive Director of DEQ. The DEQ shall retain jurisdiction of this matter for the purposes of interpreting, implementing and enforcing the terms and conditions of this Consent Order and for the purpose of adjudicating all matters of dispute among the parties. SEVERABILITY 4& Nothing in this Consent Order shall be construed to relieve the Respondent of its and effect. 47. The venue of any action commencing in district court for the purposes of interpretations implementation and enforcement of the tens and conditions of this Consent MARY LOU BARNHOUSE Chair Date: Ron Cates, OBA # Attorney for the Respondent 525 South Main, Suite 680 Park Centre Tulsa, OK 74103 MARK S. COLEMAN Executive Director Date: Donald D. Maisch, OBA #12386 Attorney for the DEQ P.O. Box 1677 Oklahoma City, OK 73101-1677