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HomeMy WebLinkAbout2006.11.07_City Council AgendaPUBLIC NOTICE OF THE MEETING O TYPE OF MEETING: ING: Regular DATE: November 7, 2006 TIME® 6:30 p.m. PLACE: Council Chambers, Old Central wilding 109 No Birch Notice and agenda filed in the office of the City Clerk and posted at City Mall 5:00 P.M. on Friday, November 3, 2006. liann M. Stevens, D puty City Clerk 1. Call to Order Mayor Stephen Cataudella 2. Invocation Jack Voss, Crossroads Christian Church 3. Flag Salute 4. Roll. Call 5. Presentation of the Character Trait of Hospitality, followed by a public service announcement. Dale Blackwood, Owasso Character Council S-\Agenda s\Coun6I\2006\1 107. doc Owasso City Council November 7, 2006 Page 2 6. Presentation of the City of Owasso Employee of the Month for November 2006. Mr. Ray Mr. Ray will introduce the Employee of the Month for November 2006. 7. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non® debatable. A. Approval of Minutes of the October 17, 2006 Regular Meeting and October 26, 2006 Special Meeting. Attachment # 7-A H. Approval of Claims. Attachment # 7-B C. Acceptance of the 2006 Small Cities Community Development Block Grant (CDBG) as provided by the Oklahoma Department of Commerce in the amount of $66,540 for the purpose of constructing an aquatic splash pad facility at Rayola Park; and, authorization for the Mayor to execute the grant acceptance letter and all necessary grant documents. Attachment # 7wC D. Approval of an agreement between the City of Owasso and INCOG for administrative services relating to the 2006 Small Cities Community Development dock Grant; and, authorization for the Mayor to execute the agreement. Attachment # 7-C E. Acceptance of the Caudle Center sanitary sewer and water system improvements to include approximately 629 linear feet of eight -inch PVC sanitary sewer line and approximately 1,264 linear feet of eight inch PVC water line. Attachment # 7«E F. Acceptance of the Logan's Roadhouse Restaurant storm system improvements to include the construction of one (1) public storm system junction box. Attachment # 7-F S \Agendas\Council\2006\I 107. doe Owasso City Council November 7, 2006 Page 3 8. Consideration and appropriate action relating to a request for Council acceptance of the 2007 Highway Safety Grant, approval of a budget amendment to the FY 2006-2007 General Fund; and, a supplemental appropriation increasing expenditures in the Police Department Budget, Mr. Chambless Attachment #8 Staff will recommend Council acceptance of the 2007 Highway Safety grant in the amount of $40,000; and, approval of an amendment to the FY 2006-2007 General Fund Budget increasing the estimate of revenues in the amount of $40,000; and, approval of a supplemental appropriation increasing expenditures in the amount of $40,000 in the Police Department Budget. 9. Consideration and appropriate action relating to a request for Council acceptance of the Three Lakes Village Roadway Improvements Contract 11 (revised scope) and authorization for Final payment to Tri-Star Construction, LLC. Mr. Alexander Attachment 9-9 Staff will recommend Council acceptance of the Three Lakes Village Roadway Improvements Contract 11 (revised scope) and authorization for Final payment to Tri-Star Construction, LLC in the amount of $47,344.70, 10. Consideration and appropriate action relating to a request for Council to award a contract for the FY 2006-2007 CIP Street Repair Program, Mr. Alexander Attachment # 10 Staff will recommend Council award a contract for the FY 2006-2007 CIP Street Repair Program to Becco Contractors, Incorporated of Tulsa, Oklahoma in the amount of $275,080, S:\Agendas\Counci1\2006\1107 doc Owasso City Council November 7, 2006 Page 4 11. Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2006-24, a resolution acknowledging the City of Owasso's interest in participating in the Surface Transportation Program; and, requesting federal financial assistance from the Department of Transportation for the construction of intersection improvements. Mr. Alexander Attachment # 11 Staff will recommend Council adoption of Resolution No. 2006-24. 12. Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2006-25, a resolution approving the issuance of Tulsa Industrial Authority variable rate demand obligations (YMCA of Greater Tulsa Project), Series 2006, in an aggregate principal amount not to exceed $17,500,000; and approving certain other matters related thereto. Ms. Lombardi Attachment # 12 Staff will recommend Council approval of Resolution No. 2006-25, 13. Report from City Manager. 14. Report from City Attorney, 15. Report from City Councilors, 16. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) S.\Agendas\Counci 1\2006\ 1 107. doc )'J _�I �.[_ _i C NO ii �I IE OF' r1A 3I1_', .LN✓JiEE TIN`r OF T_ E TYPE OF Ad EETING: Reguh-ar DAM November 7, 2006 TIME- 630 p.m. 1z � A'C a L uouncH CM,, ;bers't;l'1 1 "1091 � Mhrdnh Notice and agenda filed in the office of inle (_-'ifry 'Clerk -Kn-d posted at City lHall 5M PJ%A, (on r rich 7, i,Jo � e-n2, Q-,- , 2006, I''fs f 7 rnE vie: S \Agendas\C0unci)\2006U i07 doc Owasso City Council November 7, 2006 Page 2 5. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non® debatable. A. Approval of Minutes of the October 17, 2006 Regular Meeting and October 26, 2006 Special Meeting. Attachment # 7®A B. Approval of Claims. Attachment # 7WB C. Acceptance of the 2006 Small Cities Community Development Block Grant (CDBG) as provided by the Oklahoma Department of Commerce in the amount of $66,540 for the purpose of constructing an aquatic splash pad facility at Rayola park, and, authorization for the Mayor to execute the grant acceptance letter and all necessary grant documents. Attachment # 79C D. Approval of an agreement between the City of Owasso and lNCOG for administrative services relating to the 2006 Small Cities Community Development Block Grant; and, authorization for the Mayor to execute the agreement. Attachment # 7-C E. Acceptance of the Caudle Center sanitary sewer and water system improvements to include approximately 628 linear feet of eight -inch PVC sanitary sewer line and approximately 1,264 linear feet of eight -inch PVC water line. Attachment # 7-F E Acceptance of the I ogan's Roadhouse Restaurant storm system improvements to include the construction of one (1) public storm system junction box. Attachment # 7-F 6. Consideration and appropriate action :relating to a request for Council acceptance of the 2007 highway Safety Grant; approval of a budget amendment to the FY 2006-2007 General fund; and, a supplemental appropriation increasing expenditures in the Police Department budget. Mr. Chambless Attachment 48 Staff will recommend Council acceptance of the 2007 highway Safety grant in the amount of $40,000; and, approval of an amendment to the FY 2006-2007 General Fund budget increasing the estimate of revenues in the amount of $40,000; and, approval of a supplemental appropriation increasing expenditures in the amount of $40,000 in the Police Department Budget, S A Agendas\Counci l\2006V ] 07. doc Owasso City Council November 7, 2006 Page 3 7. Consideration and appropriate action relating to a request for Council acceptance of the Three Lakes Village Roadway Improvements Contract II (revised scope) and authorization for final payment to Tri-Star Construction, LLC. Mr. Alexander Attachment #9 Staff will recommend Council acceptance of the Three Lakes Village Roadway Improvements Contract II (revised scope) and authorization for final payment to Tri-Star Construction, LLC in the amount of $47,344.70. 4. Consideration and appropriate action relating to a request for Council to award a contract for the FY 2006-2007 CIP Street Repair Program. Mr. Alexander Attachment # 10 Staff will recommend Council award a contract for the FY 2006-2007 CIP Street Repair Program to Becco Contractors, Incorporated of Tulsa, Oklahoma. in the amount of $275,080. 9. Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2006-24, a resolution acknowledging the City of Owasso's interest in participating in the Surface Transportation Program; and, requesting federal financial assistance from the Department of Transportation for the construction of intersection improvements. Mr. Alexander Attachment 911 Staff will recommend Council adoption of Resolution No. 2006-24. S AAgendas\Counci1\2006\ ] ] 07. doc Owasso City Council November 7, 2006 Page 4 10. Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2006-25, a resolution approving the issuance of Tulsa Industrial Authority variable rate demand obligations ('MCA of Greater Tulsa Project), Series 2006, in an aggregate principal amount not to exceed $17,500,000; and approving certain other matters related thereto. Ms. Lombardi Attachment # 12 Staff will recommend Council approval of Resolution No. 2006-25. 11. Report from City Manager. 12. Report from City Attorney. 13. Deport from City Councilors. 14. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 15. Ad, ournment. SA\Agendas\Council\2006\ 1107. doc Owasso City Council November 7, 2006 Page 5 17. Adjournment. S \Agendas\Council\2006\1107. doc OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, October 17, 2006 The Owasso City Council met in regular session on Tuesday, October 17, 2006 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, October 13, 2006. ITEM 1. CALL TO ORDER The meeting was called to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by David Langley, Gospel Might Baptist Church. The Flag Salute was led by Councilor D.J. Gall. ITEM 4. ROLL CALL PRESENT ABSENT Steve Cataudella, Mayor Brent Colgan, Nice Mayor D.J. Gall, Councilor Wayne Guevara, Councilor Susan Kimball, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney ITEM 5. CONSIDE,RATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the October 3, 2006 Regular Meeting and the October 10, 2006 Special Meeting. & Approval of Claims. Owasso City Council October 17 2006 C. Acknowledgement of receiving the monthly FY 2006-2007 budget status report. Ms. Kimball moved, seconded by Mr. Cataudella, to approve the Consent Agenda with claims totaling $344,596.05, self-insurance medical claims & fees totaling $83,727.73, and payroll claims totaling $387,208.16. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5-0. ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL AUTHORIZATIONr: THE CITY MANAGER TO EXECUTE i CONTRACTi PROPERTY , Ir i INSURANCE AN AMOUNT NOT TO EXCEED $29,330.00 Ms. Dempster presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council authorization for the City Manager to execute a contract for Property Casualty Insurance, as stated above. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5-0. Mr. McCulley presented the item. Mn Gall moved, seconded by Mr. Colgan, for Council approval of an amendment to the 2015 Land Use Masterplan, as stated above. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5-0. N Owasso City Cozrncil October 17 2006 ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN AMENDMENT TO THE 2015 LAND USE MASTERPLAN, TO ALLOW RESIDENTIAL USE OF 25.22 ACRES, CURRENTLY PLANNED FOR COMMERCIAL USE, LOCATED ON THE NORTHWEST CORNER OF EAST 106TH STREET NORTH AND NORTH 161IT EAST AVENUE Mr. McCulley presented the item. Ms. Kimball moved, seconded by Mr. Guevara, for Council approval of an amendment to the 2015 Land Use Masterplan, to allow Residential Use of 25.22 acres, currently planned for Commercial Use, located on the northwest corner of East 106"' Street North and North 161 St East Avenue. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5-0. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A FINAL PLAT FOR OWASSO FIRE STATION NO. 3, CONTAINING APPROXIMATELY 3.34 ACRES, MORE OR LESS, LOCATED AT THE SOUTHWEST CORNER OF EAST 100TH STREET NORTH AND NORTH 145TI-I EAST AVENUE Mr. McCulley presented the item. Mr. Colgan moved, seconded by Mr. Kimball, for Council approval of the Owasso Fire Station No. 3 Final Plat, YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A FINAL PLAT FOR LAKE VALLEY 11, CONTAINING APPROXIMATELY 55 ACRES, MORE OR LESS, LOCATED NORTH OF EAST 106TI STREET NORTH, 1/4 MILE EAST OF NORTH 145TH EAST AVENUE, JUST EAST OF LAKE VALLEY I Mr. McCulley presented the item. Ms. Kimball moved, seconded by Mr. Guevara, for Council approval of the Labe Valley II Final Plat. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5-0. 1] Owasso City Council October 17, 2006 ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL TO AWARD A BID TO PIERCE MANUFACTURING AND AUTHORIZATION OF PAYMENT IN THE AMOUNT OF $383,426.00 FOR THE PURCHASE OF A PUMPER TRUCK AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE AGREEMENT Chief Clark presented the item. Ms. Kimball made a motion that Council award a bid to Pierce Manufacturing for the purchase of a Pumper Truck; that Council approve the acceptance of the pre -payment option offered by Pierce Manufacturing for a cost savings of $18.337.00; and, authorization for the Mayor to execute the agreement. Motion was seconded by Mr. Cataudella. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5-0. At this time, Councilor Guevara recused himself Bona the discussion and vote for Item 12. Mr. Guevara then left Council Chambers. Ms. Stagg presented the item. Mr. Colgan moved, seconded by Mr. Gall, for Council approval of Change Order No. 1, a deduction in the amount of $50,114.40 and Change Order No. 2, an addition in the amount of $64,116.00, of the Three Lakes Village Roadway Improvement Project, for a revised project amount of $496,000.00; and, approval of a supplemental appropriation increasing expenditures in the Street Department Budget in the amount of 177,OQ0.00, YEA: Cataudella, Colgan, Gall, Kimball NAY: None Motion carried 4-0. Councilor Guevara returned to Council Chambers at this time, F. Owasso City Council October 17, 2006 ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING THE PURCHASE OF REAL PROPERTY, TO WIT: 7 ACRES, MORE OR LESS, LOCATED AT EAST 86TH STREET NORTH AND NORTH MAIN STREET OWNED BY MR. WESLEY ATOR, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307(B)(3) Mayor Cataudella presented the item. Mr. Colgan moved, seconded by Mr. Gall, for Council to go to an Executive Session. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5-0. Members of the Council, and members of City Staff, left Council Chambers and entered into Executive Session at 7.-00 pm. Council & Staff returned to Chambers at 7. 40 pm. Mr. Ray presented the item. Owasso Citizen Mr. Charles Brown spoke to Council regarding this item.. Mr. Brown asked if a Dollar Value of the land was to be made public, and also was concerned about this issuance of debt affecting the 129"' Street Widening Project. Councilor Kimball also requested assurance that the 129th Street Widening Project would not be delayed. Mr. Ray said that an. appraisal of the land was in progress and that the Dollar Value, when available, would certainly be made public. Mr. Ray also stated, for the record, that he would not recommend anything to Council that would impact or delay the 129"h Street Widening Project. Mr. Colgan moved, seconded by Mr. Call, for Council authorization for the City Manager to negotiate and execute a contract for the purchase of real property, as stated above. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5-0. I Owasso City Council October 17 2006 ITEM 15. REPORT FROM CITY MANAGER. None. ITEM 16. REPORT FROM CITY ATTORNEY None None None ITEM 19. ADJOURNMENT Mr. Colgan moved, seconded by Mr. Gall, to adjourn. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5-0 and the meeting was adjourned at 8:05 p.m. Pat Fry, Minute Clerk. Steve Cataudella, Mayor 6 OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Thursday, October 26, 2006 The Owasso City Council met in a special meeting on Thursday, October 26, 2006 in the Lower Level Conference Room at City Hall, III N. Main Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Tuesday, October 24, 2006. ITEM 1: CALL TO ORDER. Mayor Cataudella called the meeting to order at 6:03PM. PRESENT Steve Cataudella, Mayor Brent Colgan, Vice Mayor Susan Kimball, Councilor D.J. Gall, Councilor A quorum was declared present. ABSENT Wayne Guevara ITEM 2: DISCUSSION OF ISSUES RELATING TO THE PURCHASE OF REAL PROPERTY, TO WIT: i ACRES MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF E. 86T11 STREET NORTH AND N. MAIN STREET KNOWN AS THE ATOR PROPERTY, AND DISCUSSION RELATING TO THE FINANCING OF SUCH PURCHASE. Mr. Ray presented the itcm and introduced Clark Ogilvie, School Superintendent and Gail Ballinger, School Board President. Also present were members of the City Staff, Gary Akin, Owasso Chamber of Commerce and Jerry Whited, Owasso Reporter. Mr. Ray provided an update on negotiation efforts between the City staff and the property owner. Mr. Clark advised of actions taken by the school board at a meeting earlier in the day. Council discussion was held. ITEM 3: ADJOURNMENT Councilor Kimball moved, seconded by Councilor Colgan to adjourn, All were in favor and the meeting was adjourned at 7:12 PM, YEA: Colgan, Gall, Kimball, Cataudella NAY: None Motion carried 4-0. Stephen Cataudella, Mayor TREASURER PETTY CASH OFFICE DEPOT FRANK W AMBRUS TREASURER PETTY CASH TREASURER PETTY CASH TREASURER PETTY CASH TREASURER PETTY CASH ALL COPY SUPPLIES OFFICE DEPOT CARD CENTER TREASURER PETTY CASH A N Z SIGNS & SHIRTS CINGULAR WIRELESS CINGULAR WIRELESS METROCALL OKLAHOMA MUNICIPAL LEAGUE TREASURER PETTY CASH OKLAHOMA MUNICIPAL LEAGUE WEST PAYMENT CENTER BAIN, JEFF ALL COPY SUPPLIES OFFICE DEPOT G-NEIL DIRECT MAIL CARD CENTER ALL COPY SUPPLIES OFFICE DEPOT FEDERALEXPRESS CHARACTER TRAINING INSTITUTE COMMUNITYCARE HMO GREENWOOD PERFORMANCE SYSTEMS THE OKLAHOMA PUBLISHING CO TULSA WORLD THE OKLAHOMA PUBLISHING CO TULSA WORLD URGENT CARE OF GREEN COUNTRY CARD CENTER SKILLPATH SEMINARS TREASURER PETTY CASH TREASURER PETTY CASH REASORS REASORS OFFICE SUPPLIES BAILIFF SERVICES COUNCIL MEETING EXPENSE MEETING EXPENSE/COURT MEETING EXPENSE MUNICIPAL COURT DEPT TOTAL CITY MGR EXPENSE TONER OFFICE SUPPLIES CONFERENCE -DIRECTORS CAR WASH BANNERS CELL PHONE USE CELL PHONE USE PAGER USE SEMINAR/LOMBARDI FALL DECORATION DISTRICT DINNER MEETING LEGAL RESEARCH-MTHL.Y CHG FALL DISPLAY MANAGERIAL DEFT TOTAL TONER OFFICE SUPPLIES FINANCE DEPT TOTAL ATTENDANCE CONTROLLER PRINTER RIBBON PACK TONER OFFICE SUPPLIES POSTAGE CHARACTER BULLETINS EAP SERVICES-OCT CITY MGR ASSESSMENT JOB ADS EMPLOYMENT ADVERTISING JOB ADS EMPLOYMENT ADVERTISING PRE -EMPLOYMENT DRUG SCREENING DRUG SCREENING-GARRETT SEMINAR/DANE MILEAGE/MTG EXP/J DANE MEETING EXPENSE MEETING EXPENSES MEETING EXPENSES HUMAN RESOURCES DEPT TOTAL 27.18 300.00 128.66 41.23 62.51 559.58 112.05 90.00 55.71 197.99 5.00 150.00 137.62 137.04 6.95 85.00 95.22 90.00 417.15 50.00 1,629.73 140.00 58.52 198.52 227.69 107.75 90.00 54.92 71.68 389.08 199.00 1,125.00 435.56 461.58 202.70 296A6 296.00 60.00 299.00 21.97 40.11 3.87 10.55 4,392.92 VENDOR DESCRIPTION AMOUNT CINTAS CORPORATION MAT SERVICE 37.15 CINTAS CORPORATION MAT SERVICE 37.15 JAVA DAVE'S EXECUTIVE COFFEE SUPPLIES 203.51 CHARNEY, BUSS, & WILLIAMS, P.C. RON DETHEROW VS, CITY 343.75 INCOG ADMIN SERVICES-11946 CDBG 05 549.06 NEIGHBOR NEWSPAPERS LEGAL POSTINGS 312.00 NEIGHBOR NEWSPAPERS LEGAL POSTINGS 81.20 AT'&T PHONE USE 61.00 TREASURER PETTY CASH POSTAGE 8.11 TULSA COUNTY CLERK FILING FEES 39.00 GENERAL GOVERNMENT DEPT TOTAL 1,671.93 ALL COPY SUPPLIES TONER 90.00 OFFICE DEPOT OFFICE SUPPLIES 204.32 LOWES HOME IMPROVEMENT OPERATING SUPPLIES 29.98 METROCALL PAGER USE 13.90 COMMUNITY DEVELOPMENT DEPT TOTAL 338.20 OFFICE DEPOT RUBBER STAMP 42.49 WAL-MART COMMUNITY OFFICE SUPPLIES 3.74 OFFICE DEPOT OFFICE_ SUPPLIES 165.74 MAXWELL SUPPLY MAINTENANCE SUPPLIES 115.23 JAMAR TECHNOLOGIES TRAFFIC COUNTING EQUIP 192.18 LOWES HOME IMPROVEMENT KEY 1.97 METROCALL PAGER USE 6.95 US CELLULAR CELL PHONE USAGE 80.66 TREASURER PETTY CASH PER DIEM/ALEXANDER 122.50 CARTEGRAPH SYSTEMS SOFTWARE MAINT AGREEMENT 2,025.00 ENGINEERING DEPT TOTAL 2,756.46 OFFICE DEPOT REPORT COVERS 9.99 RADIO SHACK PHONO PLG 7.98 CROSSROADS COMMUNICATIONS DESIGN -CITY WEBSITE 2,500.00 CARD CENTER ANNUAL SUBSCRIPTION 155.98 FEDERAL EXPRESS POSTAGE 29.41 CINGULAR WIRELESS CELL PHONE USE 23.32 AMERISUITES LODGING-HOUGHTON 445.00 STRATEGIC CONSULTING INTL GIS INTEGRATION 2,292.76 INFORMATION SYSTEMS DEPT TOTAL 5,464.44 OFFICE DEPOT OFFICE SUPPLIES 21.79 MURPHY SANITARY SUPPLY CARPET CLEANING SOLUTION 60.00 LOWES HOME IMPROVEMENT PHYSICAL PROPERTY SUPPLIES 334.64 GRAYBAR ELECTRIC CO PHONE PARTS 96.89 OKLAHOMA LIGHTING DISTRIBUTORS LIGHT BULBS 11.80 UNIFIRST HOLDINGS UNIFORM RENTAL 83.55 COX COMMUNICATIONS INTERNET FEES-OC 69.95 COMMUNICATIONS TECH GROUP REPROGRAMMING PHONES 140.00 RED BUD SERVICE AIR FILTER SERVICE 33.35 OK DEPT OF CORRECTIONS DOC WORKER PROGRAM 410.73 TREASURER PETTY CASH DOC LUNCHES 64.90 METROCALL PAGER USE 6.95 VENDOR DESCRIPTION AMOUNT CINGULAR WIRELESS CELL PHONE USE 34.01 AT&T PHONE USE 0.24 CINGULAR WIRELESS CELL PHONE USE 34.02 ASSOC OF PUBLIC -SAFETY MEMBERSHIP DUES -WHITE 86.00 MOTOROLA MTUG ANNUAL DUES 65.00 SUPPORT SERVICES DEPT TOTAL 1,553.82 LOWES HOME IMPROVEMENT TRASH BAGS 16.74 VVEC CEMETERY USAGE 13.97 GRAINGER TOW BEHIND SPREADER 158.50 CEMETERY DEPT TOTAL 189.21 OWASSO FOP LODGE #149 LEGAL DEFENSE FY 07 122.50 ONYX CORPORATION TONER & INKJET CARTRIDGES 228.80 OFFICE DEPOT INK CARTRIDGE/FOLDERS 37.98 USI EDUCATION & GOVERNMENT LAMINATION POUCHES 35.49 ONYX CORPORATION TONER CARTRIDGE 62.95 OFFICE DEPOT OFFICE SUPPLIES 590.26 SAV-ON PRINTING & SIGNS PROPERTY RECEIPT FORMS 93.45 POLICE PETTY CASH USB CABLES 11.94 GALL'S FLASHLIGHT/BRASS NAMETAG 20.76 LOWES HOME IMPROVEMENT HEATER FAN 29.98 GT DISTRIBUTORS AMMUNITION -FIREARMS TRAINING 422.70 INTL ASSOC OF CHIEFS OF POLICE SERGEANTS TEST 900.00 SOUTHERN AGRICULTURE DOG FOOD 24.99 SOUTHERN RUBBER STAMP CO NOTARY STAMP/CRIMPER 51.89 ULINE MAGNETIC STRIP LABELS 20.98 ULTRAMAX AMMUNITION AMMO FOR FALL FIREARMS 3,708.00 GALL'S CITATION HOLDER-HIBBERT 16.98 LOWES HOME IMPROVEMENT OPERATING SUPPLIES 7.66 LOWES HOME IMPROVEMENT PHONE SUPPLIES 36.38 GALL'S REPLACEMENT BATTERIES 81.57 GALL'S JACKET-KITCH 184.99 GALL'S JACKET-KITCH 184.99 ALLIANCE MEDICAL RUBBER GLOVES 325.40 GALL'S UNIFORM EQUIP-HUTTON 320.45 GALL'S MAG POUCH/BATON-MACE CASE 82.97 TREASURER PETTY CASH FUEL/H SMITH 43.59 TAYLORMADE LOCK & KEY CAR KEYS 18.00 METROCALL. PAGER USE 336.97 SPRINT COMMUNICATIONS CO PCS CHARGES 7.70 AT&T PHONE USE 59.56 SPRINT PCS CHARGES 7.70 CARD CENTER KEY INDICATOR MODULE 180.10 OKLAHOMA POLICE SUPPLY SHIPPING BADGE REPAIR 16.00 FEDERAL EXPRESS POSTAGE 2.3.98 CLARION MERIDIAN HOTEL LODGING/TURNER 134.00 POLICE PETTY CASH CONFERENCE PARKING 23.00 CARD CENTER LODGING-YANCEY 1,343.78 TREASURER PETTY CASH PER DIEM/PARKING/YANCEY 549.00 TREASURER PETTY CASH PER DIEM/YANCEY 33.80 RICH & CARTMILL BONDS 60.00 TAPE MEMBERSHIP-LYNN 50.00 VENDOR DESCRIPTION AMOUNT 4 ALL MEMORY SYSTEM MEMORY 199.98 TURN -KEY MOBILE JOTTO DESK FACE PLATE 72.00 A N Z SIGNS & SHIRTS PATROL UNIT-LETTERING/DECALS 1,660.00 POLICE DEPT TOTAL. 12,423.22 ONYX CORPORATION INKJET CARTRIDGE 15.95 ALLIANCE MEDICAL PROTECTIVE GLOVES 244.55 CDW GOVERNMENT COMPUTER SUPPLIES 100.61 URGENT CARE OF GREEN COUNTRY TB TESTS 76.00 METROCALL PAGER USE 21.90 PUBLIC SAFETY GROUP DISPATCHER TRAINING 225.00 TREASURER PETTY CASH NOTARY FEE/C MCINTIRE 20.00 POLICE COMMUNICATIONS DEPT TOTAL 704.01 POLICE PETTY CASH DOG BREEDER BOOK 3.86 AFFORDABLE AGILITY BREED POSTER 12.95 WAL-MART COMMUNITY SUPPLIES 110.58 HILL'S PET NUTRITION SALES SHELTER SUPPLIES 100.00 SOUTHERN AGRICULTURE WOUND AID/ODOR REMOVER 21.97 PATROL TECHNOLOGY ANIMAL CONTROL JACKETS 220.00 CITY OF TULSA EUTHANASIA SERVICE 148.00 AT&T PHONE USE 1.84 METROC/`,I_L PAGER USE 6.95 ANIMAL CONTROL DEPT TOTAL � 626.15 OFFICE DEPOT OFFICE SUPPLIES 88.52 FIRE PROTECTION PUBLICATIONS OSU BOOKS FOR TRAINING 767.21 HOUSE OF VACUUMS SUCTION HOSE KIT/TOOLS 116.97 CDW GOVERNMENT PLAYBACK DEVICE -PHONE 161.99 AMSAN EVE SUPPLY TRASH BAGS 389.90 LOWES HOME IMPROVEMENT OPERATING SUPPLIES 3.98 OFFICE DEPOT PENS/JOURNAL/FILE CABINET 206.98 WAL-MART COMMUNITY MAINT SUPPLIES 95.17 LOWES HOME IMPROVEMENT MAINT SUPPLIES 1,015.34 NORTH AMERICA FIRE EQUIPMENT CO UNIFORM EQUIPMENT 3,904.00 NORTH AMERICA FIRE EQUIPMENT CO UNIFORM APPAREL 1,274.00 NORTH AMERICA FIRE EQUIPMENT CO UNIFORM EQUIPMENT 739.00 NORTH AMERICA FIRE EQUIPMENT CO UNIFORM EQUIPMENT 490.00 TGI ENTERPRISES UNIFORM SHIRTS & PANTS 1,666.75 GALL'S FLASHLIGHTS 179.94 FERRARA FIRE APPARATUS WINDSHIELD -LADDER ONE 2,013.89 LOWES HOME IMPROVEMENT VEHICLE MAINT 35A8 CROW BURLINGAME COMPANY REPAIR/MAINT SUPPLIES 100.90 LOWES HOME IMPROVEMENT SAW KIT 391.34 INTEGRIS AMBULATORY CARE CO FIRE PENSION PHYSICAL 900.00 LOWES HOME IMPROVEMENT SINK REPAIR SUPPLIES 15.42 ACTION PLUMBING & DRAIN WATER HEATER REPAIR 236.80 CULLIGAN OF TULSA WATER/COOLER 16.45 BMI SYSTEMS OF TULSA COPIER RENTAL/MAINT 188.63 SPRINT PCS CHARGES 152.72 AT&T PHONE USE 11.48 SPRINT PCS CHARGES 152.72 METROCALL PAGER USE 311.15 VENDOR DESCRIPTION AMOUNT CINGULAR WIRELESS CELL PHONE USE 48.86 FIRE SERVICE TRAINING OSU MANUAL STUDY GUIDE 55.00 TREASURER PETTY CASH PER DIEM/JENNINGS 58.50 JEFF WALKER PER DIEM/WALKER 58.00 YORK, ERIC PER DIEM/YORK 58.00 OFFICE DEPOT OFFICE FURNITURE 787.43 FIRE DEPT TOTAL 16,692.52 VVEC STORM SIREN 16.38 AT&T PHONE USE 0.04 EMERGENCY PREPAREDNESS DEPT TOTAL 16.42 MAXWELL SUPPLY WALL REPAIR 164.58 MILL CREEK LUMBER & SUPPLY RETAINING WALL REPAIR 201.11 TWIN CITIES READY MIX CONCRETE FOR 76TH 264.00 CROW BURLINGAME CO FUEL FILTERS 4.20 ATWOODS GREASE/FITTING/PAINT/SAW BLADES 61.66 CROW BURLINGAME COMPANY SPREADER PARTS 15.13 BAILEY EQUIPMENT SALT/SAND SPREADER 82.90 ATWOODS CHEMICALS 36.65 GEORGE & GEORGE SAFETY/GLOVE UNIFORM GEAR 99.25 UNIFIRST HOLDINGS UNIFORM RENTAL/CLEANING 361.44 GELLCO UNIFORMS & SHOES BOOTS -ROUSE 108.89 MILL CREEK LUMBER & SUPPLY CONCRETE 150.78 TULSA COUNTY BOCC SIGN REPLACEMENT 1,190.80 ATWOODS TRAFFIC STREET SIGNS 16,77 LOWES HOME IMPROVEMENT BOLT CUTTERS 52.92 ATWOODS SLEDGE HAMMER/BOOSTER CABLE 221.26 PAVING MAINTENANCE SUPPLY CRACK SEALING PROJECT 1,293.70 OWASSO FENCE CO WHITE FENCE REPAIR 165.00 VANCE BROTHERS ROUTER BIT 50.00 SIGNALTEK MONTHLY MAINT/REPAIRS 2,080.58 MAXWELL SUPPLY ROD CLAMP RENTAL 62.46 EQUIPMENT ONE RENTAL & SALES RENTALS -AIR COMPRESSOR 769.00 METROCALL PAGER USE 67.25 TREASURER PETTY CASH PER DIEM/DOYLE 122.50 ANCHOR STONE CO CRUSHER RUN STONE 138.82 APAC CONCRETE -STREET REPAIRS 723.25 WATER PRODUCTS VALVE BOX LIDS 27.00 NES TRAFFIC SAFETY WHITE PAINT 51.95 SHERWIN-WILLIAMS CO YELLOW PAINT 160,70 STREETS DEPT TOTAL 7$,744.55 BLOSS SALES & RENTAL REPAIR PARTS-MOWEIR 23.22 BAILEY EQUIPMENT CHAINSAW CHAIN/TRIMMER HEADS 346.41 LOWES HOME IMPROVEMENT TRASH BAGS 26.96 ATWOODS HARDWARE 1.07 GEORGE & GEORGE SAFETY/GLOVE UNIFORM GEAR 99.23 UNIFIRST HOLDINGS UNIFORM RENTAL/CLEANING 112.17 OK TRUCK SUPPLY SMALL TOOLS 84.44 CROW BURLINGAME CO HEX BIT SOCKET 3.39 BAILEY EQUIPMENT CHAINSAW FILES 9.60 ATWOODS DRAIN SPADE 12.88 VENDOR DESCRIPTION AMOUNT BAILEY EQUIPMENT TRIMMER/CHAINSAW REPAIR 176.67 WARREN CAT DOZER RENTAL 2,706.75 EQUIPMENT ONE RENTAL & SALES RENTAL -JACK HAMMER 26.00 LOT MAINTENANCE OF OKLAHOMA RENTALS -STREET SWEEPING 1,812.50 METROCALL PAGER USE 51.15 TREASURER PETTY CASH CDL LICENSE/HARRIS 41.50 STORMWATER DEPT TOTAL 5,533.94 NES TRAFFIC SAFETY BARRICADES 230.00 PANNELL/ASSOCIATES NYLON TUBING 22.40 ATWOODS PAINT/ROLLER 12.11 THE AFFORDABLE LOCKSMITH REPLACE LOCKS 79.00 BROKEN ARROW ELECTRIC SUPPLY MIDGET FUSES 317.80 DAVID'S ELECTRIC ELECTRICAL WIRING-FUNTASTIC ISLAND 3,419.95 LIBERTY FLAGS FLAGS 886.34 LOWES HOME IMPROVEMENT OPERATING SUPPLIES 8.98 BAILEY EQUIPMENT CHAIN SHARPENING 8.00 BROWN FARMS SOD SOD 165.00 ATWOODS GLOVES/WOOD HANDLE 22.43 ATWOODS HEATER OIL 60.77 ATWOODS TARP 19.47 TULSA MAINTENANCE SUPPLY RESTROOM SUPPLIES 76.20 WAL-MART COMMUNITY HARVEST FESTIVAL SUPPLIES 137.42 EQUIPMENT ONE RENTAL & SALES PROPANE 12.89 TREASURER PETTY CASH KEYS 6.25 UNIFIRST HOLDINGS UNIFORM RENTAL/CLEANING 50.38 UNIFIRST HOLDINGS UNIFORM RENTAL/GLEANING 42.96 ATWOODS SHOVEL 35.90 D & SONS LAWN CARE LAWN SERVICE 1,139.00 D & SONS LAWN CARE LAWN SERVICE 1,139.00 ADT SECURITY SERVICES SECURITY SERVICES 43.36 WASHINGTON CO RWD 3 WATER USAGE/MCCARTY PARK 989.20 ALOHA LANDSCAPE & IRRIGATION MOWING -ELM CREEK PARK 454.00 ALOHA LANDSCAPE & IRRIGATION MOWING-MCCARTY PARK 290.00 ALOHA LANDSCAPE & IRRIGATION MOWING-RAYOLA PARK 370.00 MARSHA ANN SMITH CLEANING PARK RESTROOMS 450.00 METROCALL PAGER USE 9.96 AT&T PHONE USE 0.81 CATHERINE MARY ROSE FACE PAINTING -HARVEST FESTIVAL 200.00 CLOWN N 4U HARVEST FESTIVAL -TRACKLESS DRAIN 650.00 JUMPMAN PARTY RENTALS RENTAL -HARVEST FESTIVAL_ 190.00 A--1 l-ENT RENTALS TEND RENTAL. 600.00 CREATIVE DISPLAYS HOLIDAY DISPLAY 273.37 CREATIVE DISPLAYS HOLIDAY DISPLAY 5,628.13 PARKS DEPT TOTAL _1 ,041.08 OFFICE DEPOT OFFICE SUPPLIES 162.98 CHARACTER TRAINING INSTITUTE CHARACTER BULLETINS 35.00 OFFICE DEPOT SWITCH 24.99 CINGULAR WIRELESS CELL PHONE USE 10.00 AT&T PHONE USE 0.25 COMMUNITY CENTER DEPT TOTAL 233.22 VENDOR DESCRIPTION AMOUNT AT&T PHONE USE 0.96 HISTORICAL MUSEUM DEPT TOTAL 0.96 OFFICE DEPOT ECONOMIC DEV PRESENTATION 625.96 LOWES HOME IMPROVEMENT OFFICE SUPPLIES 29.98 TREASURER PETTY CASH RENTAL 127.10 FEDERAL EXPRESS POSTAGE 36.09 CUSTOM CRAFT AWARDS LABELS 50.00 TRIAD PRINTING BROCHURES 48.17 SPRINT PCS CHARGES 1.10 SPRINT PCS CHARGES 51.09 CARD CENTER TRAVEL-HAYES 112.60 TREASURER PETTY CASH FUEL/TOLL/PER DIEM/HAYES 98.94 TREASURER PETTY CASH OEDA MTG EXPENSE 105.41 ECONOMIC DEVELOPMENT DEPT TOTAL 1,286.44 GENERAL FUND TOTAL 83,075.20 TULSA TECHNOLOGY CENTER BOOKS FOR PARAMEDICS 20.00 CARDIOVASCULAR CONCEPTS PEDIATRIC NEEDLES 1,010.05 MEDTRONIC PATIENT SUPPLIES 531.00 PACE PRODUCTS AMBULANCE SUPPLIES 192.10 CROW BURLINGAME COMPANY VEHICLE MAINT 10.99 ATC FREIGHTLINER GROUP VEHICLE MAINT 199.71 CINGULAR WIRELESS CELL PHONE USE 74.07 MEDICLAIMS MONTHLY SERVICES 4,558.64 FIRE SERVICE TRAINING OSU ACLS/BLS CARDS 87.00 FIRE SERVICE TRAINING OSU INSTRUCTOR MANUALS 161.75 AMBULANCE SERVICE FUND TOTAL 6,845.31 MESHEK & ASSOCIATES ENGINEERING SERV-MISC DRAINAGE 4,921.56 MESHEK & ASSOCIATES ENGINEERING -THREE LAKES DAM 7,677.50 MESHEK & ASSOCIATES STORMWATER STREAM/CHANNEL ANALYSIS 883.10 STORMWATER MGMT FUND TOTAL 13,482.16 TREASURER PETTY CASH AC REFUND/MAYFIELD 20.00 TREASURER PETTY CASH AC REFUND/S LEON 20.00 ANIMAL STERILIZATION FUND TOTAL 40.00 BKI._ INCORPORATED ARCHITECTURAL. SERVICES STATION #3 46,550.00 CHARNEY, BUSS, & WILLIAMS, P.C. CITY VS. MCCARTY 750.00 CHARNEY, BUSS, & WILLIAMS, P.C. CITY VS. MCAULIFF 437.50 RSC EQUIPMENT RENTAL GARNETT" ROAD PROJECT 192.00 .TWIN CITIES READY MIX GARNETT ROAD PROJECT 513.00 MESHEK & ASSOCIATES SILVER CREEK DRAINAGE IMPROVEMENTS 191.82 VISTA CONSTRUCTION SPORTS PARK RESTROOM 13,054.90 CAPITAL IMPROVEMENTS FUND TOTAL 61,689.22 MEDTRONIC LP 12 DEFIB/MONITOR/MODEM 20,680.00 AMBULANCE CAPITAL FUND TOTAL 20,680.00m BUILDERS UNLIMITED INSTALL PRESSURE VALVE 575.00 VENDOR DESCRIPTION AMOUNT THE GPM CO PUMP STATION CENTENNIAL PARK 3,200.00 THE GPM CO PUMP STATION-FUNTASTIC ISLAND 3,200.00 BUILDERS UNLIMITED RESTROOM-FUNTASTIC ISLAND 8,331.85 BUILDERS UNLIMITED RESTROOM-FUNTASTIC ISLAND 47,433.01 DAVID'S ELECTRIC ELECTRICAL WIRING -CENTENNIAL PARK 7,901.69 PARKS DEVELOPMENT FUND TOTAL 70,641.55 LIVINGSTON, KEN TUITION REIMB 326.25 OFFICE DEPOT OFFICE SUPPLIES 28.73 OKLAHOMA LIGHTING DISTRIBUTORS LIGHT BULBS 89.95 O'REILLY AUTOMOTIVE SUPPLIES 125.02 UNIFIRST HOLDINGS UNIFORM RENTAL 134.55 CLASSIC CHEVROLET REPAIR PARTS -RESALE 301.24 AMERICAN HOSE & SUPPLY PARTS FOR RESALE 191.04 J & R EQUIPMENT PARTS FOR RESALE 1,074.32 B & M OIL COMPANY OIL/FLUIDS 1,615.41 FRONTIER INTERNATIONAL TRUCKS PARTS FOR RESALE 147.16 NAPA/GENUINE PARTS COMPANY PARTS FOR RESALE 714.75 OCT EQUIPMENT PARTS FOR RESALE 229.07 OK TRUCK SUPPLY PARTS FOR RESALE 178.40 O'REILLY AUTOMOTIVE PARTS 2,903.33 T & W TIRE TIRES 1,754.98 T & W TIRE TIRES 3,434.26 UNITED FORD PARTS FOR RESALE 955.85 METROCALL PAGER USE 6.95 AT&T PHONE USE 2.68 CINGULAR WIRELESS CELL PHONE USE 34.01 CLASSIC CHEVROLET REPAIR SERVICES -RESALE 448.91 AFFORDABLE PRECISION GLASS LABOR -INSTALLATION 75.00 LENOX WRECKER SERVICE TOWING 130.00 QUALITY TIRE & AUTO SERVICE REPAIR SERVICE 881.64 CITY GARAGE FUND TOTAL, 15,783.50 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICES 75.00 CITY OF OWASSO IMPREST ACCOUNT MEDICAL CLAIMS 29.30 CITY OF OWASSO IMPREST ACCOUNT MEDICAL CLAIMS 1,345.31 CITY OF OWASSO IMPREST ACCOUNT MEDICAL CLAIMS 3,540.38 CITY OF OWASSO IMPREST ACCOUNT SETTLEMENTS 528.00 CITY OF OWASSO IMPREST ACCOUNT SETTLEMENTS 16,633.57 CITY OF OWASSO IMPREST ACCOUNT SETTLEMENTS 14,331.00 WORKERS COMP FUND TOTAL -36,482.56 GRAND TOTAL 308,719,50 CITY OF OWASO HEALTHCARE k CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #71, AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEE STOP LOSS FEE HEALTHCARE DENT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEBT TOTAL VSP ADMIN FEE VISION DEPT TOTAL i 59,635.89 24,266.00 23,937.55 13,111.68 10,498.56 131,449.68 1,981.80 2,318.77 2,449.10 6,749.67 1,052.79 1,052.79 139,252.14 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 10/14/2006 Department Overtime EL(�.nse�s Total Expenses �Municipal qburt,13125 Managerial 14.07 17.462.03 Human Resourses 0.00 7,585.96 I pt yeve o p " nd t' b­ I men't'.: Engineering 0.00 15,772.32 Support Services 0.00 10,251.62 661.93 11,014.15 In MEN EMEM, Ambulance Fund NUMiWANMMIM MENIMME Emeraencv 911 Fund 11M CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 10/28/2006 Department Overtime Fx enses Total Expenses Municipal Court 0,00 5,392.41 Managerial 10.55 17.299.90 Human Resourses 11.56 7,720.47 Community Development 0.00 53913.53 Engineering : 0.00 18,380.06 Support Services 0.00 11.172.49 Central Dispatch 42.93 10.261.47 Ambulance Fund Fund Total $777.25 $17,055,67 Emergencv 911 Fund Workers Compensation MEMORANDUM s THE HONORABLE COUNCIL C* FWILES COMMUNITY EVEN E E `I` DIRECTOR SUBJECT: ACCEPTANCE AND ADMINISTRATIONOF GRANT ' FOR THE RAYOLA PARK SPLASH PAD FACILITY DATE: October I , 00 FUNDING: The staff received notice on September , 2006 that funding in the anion t of $66,450 has been approved. A "one -for -one" cash match is required of the city each year in order to receive the grant funds. The FY - 0 7 city budget includes funds within the Barks Department in an amount sufficient to satisfy the match .requireme t. RECOMMENDATION: The staff recommends that the City Council accept the Small Cities set -aside grant from the Oklahoma Department of Commerce, and authorize the Mayor to execute the acceptance letter and all appropriate contract documents. ADMINISTRATIVE G . EEME'N ADMINISTRATIVE ,E E . Once the grant has been accepted, an administrative agreement needs to be executed to provide for the administration of the project, Historically, IN -COG has administered O asso's CDBG grants and provided technical assistance as a liaison between the City and the Department of Commerce. The administrative agreement pledges $4,500 to IN -COG for its services, such funds to come ftorn the City's required cash match, RECOMMENDATION: The staff recommends that the City Council approve the administrative agreement between the City of Owasso and INCOG, and authorize the Mayor to execute the agreement. Fmx-jmm I. ODOC Notification Letter 2. Instructions for Acceptance of Award 3. Designation of grant contractor 4. CDBG Contract with Department of Commerce 5. Correspondence from INCOG 6. Agreement for Administrative Services STATE OF OIQ,AHONIA 900 North Stiles Avenue / R O. Box 26980 DEPARTMENT Oklahoma City, Oklahoma 73126-0980 U.S.A. OF OOMMERCF, Tel: (405) 815-6552 Fax: (405) 815-5199 Craig Thoendel, Mayor OwassoCity of Owasso, OK 74055-0180 P.O. Box 180 Vaughn Director W?11-131M V, M111 01111MIXY 1�111 3. Contract Certification Regarcling--Lobb)( Ingo Federal regulations require that a "Contract Certification Regarding Lobbying" be executed on all federally funded contracts of $100,000.00 or more, If your contract is for $100,000.00 or more, this form is also enclosed and must be completed and returned, Any contractor who certifies that it is not engaged in lobbying activity and is found to have made JILOJ UOlILO,]t011lmILOEiiolsird 5. Authorization for Mailing of CorreSDondence. Please complete this form and return it with the other contract documents if you wish ODOC to mail a copy of all correspondence regarding this contract to your consultant. We ask that you sign all the documents described above as required and return them to our office as soon ©s possible. Please be reminded that until the contract has been returned and signed by all parties and v2© applicable Release of Funds requirements have been met, funds cannot be drawn. If you have any questions, please contact Charlotte Conant at 405/815-5331. To Contractors: If you want copies of correspondence from the Oklahoma Department of Commerce to your office mailed to your administrative consultant, please fill out and sign this form and return it to the address at the bottom of the page. Please call Donald R. Idackler, Jr., at 800-879-6552, extension 359, if you have any questions. The undersigned chief elected official of the Contractor named herein requests that a copy of all future correspondence from the Oklahoma Department of Commerce to Contractor be mailed to the Contractor's administrative consultant. The necessary information to fulfill this request is as follows: Name of Contractor (City or County): CDBG Contractor Number(s): Name of Administrative Consultant: Firm Narne (If Applicable): Mailing Address: Phone Number: Caief Elected Official Date Please complete and :wail to: Charlotte Conant Office of Community Development Oklahoma Department of Coma-nerce P.C. Box 26980 01dahoma City, OK 73126-0980 CDBG 06 I - I of 1 FEI #73-6069613 CONTRACT —CDBG PART I SUMMARY AND SIGNATURES Contracting Agency: Oklahoma Department of Commerce State of Oklahoma (ODOC) Contractor: City of Owasso Contract Title: Community Development Block Grant (CDBG) Contract Number: 12413 CDBG 06 Contract Amount: $66,450.00 Source: U.S. Department of Housing and Urban Development (HUD). Catalog of Federal Domestic Assistance (CFDA) Number 14.228. Funds from Fiscal Year 2006 Funding Period: September 22, 2006 through September 22, 2008 Submit Requisitions to: Issue Payment to: Office of Community Development City of Owasso Oklahoma Department of Commerce P.O. Box 180 P.O. Box 26980 Owasso, OIL 74055-0180 Oklahoma City, OIL 73126-0980 Agreement Components: Part I - Summary and Signatures Part II - Terms and Conditions SIGNATURES -• EXECUTION OF CONTRACT" AGREEMENT The rights and obligations of the parties to this contract are subject to and governed by Part II - Terms and Conditions. EXECUTED BY: EXECUTED BY: City of Owasso Oklahoma Department of Commerce Signature of Mayor/Chairman Typed Name & Title of Mayor/Chairman Date ATTEST: Signature Typed Name and Title (CITY SEAL) Vaughn Clark, Director Office of Community Development Date IlAlof11 PART II - TERMS AND CONDITIONS AVAILABILITY OF FUNDS Payments pursuant to this contract are to be made only from monies made available to the Oklahoma Department of Commerce (ODOC) by the U.S. Department of Housing and Urban Development (HUD) for the CDBG Program for non -entitlement areas. Notwithstanding any other provisions, payments to the Contractor by ODOC are subject to the availability of such funds to ODOC as determined by federal and/or State action and/or law. ODOC may take any action necessary in accord with such determination. 2. MODIFICATION AMENDMENT a. This contract is subject to such modification as may be required by federal or State law or regulations. Any such modification may be done unilaterally by ODOC. b. This contract may be for a multi -year project and as such may be extended, renewed or otherwise amended. Any extensions or renewals must be approved by ODOC. C. Revisions to the contract and the attached budget, which is a part of this contract, must be approved in writing in advance by ODOC. d. A waiver by ODOC of any provision of this contract must be in writing and signed by the Director of ODOC or designee. 3. ODOC a. ODOC will provide funding for the project up to the total amount listed in Part I: Total Project Funding. b. ODOC shall perform monitoring to assess the Contractor's financial and program compliance and progress but said monitoring and evaluation shall not relieve the Contractor of any obligation or duty under this contract. 4. CONTRACTOR a. The Contractor agrees to perform those duties, obligations and representations contained in its application and to be bound by the provisions of its application, all amendments thereto and all correspondence relating thereto, which were submitted to and accepted by ODOC in contemplation of this contract, said application being incorporated herein and made a part hereof by reference. Any conflict between said application, amendments and correspondence and the provisions of this contract shall be controlled by this contract. b. None of the work and services covered by this contract may be subcontracted without prior written approval of ODOC. All compensated administrative consultants engaged by the Contractor must be Certified CDBG Administrators. However, said determination by ODOC shall not relieve the Contractor of its CDEG 06 II - 2 of 11 independent obligation to ensure that such persons are fully qualified, and able to perform the duties they have contracted to perform. C. In no event will any subcontract or subcontractor incur obligation on the part of ODOC. d. The Contractor shall comply with all requirements of the ODOC Contractors Implementation Manual. The Manual is hereby annexed and incorporated and made a part of this contract. The Manual may be amended during the current contract year by ODOC. All amendments shall be based on changes in federal and State laws or regulations and shall be mailed to the Contractor at the address indicated in fart I of the contract. C. The Contractor shall commence actual construction or otherwise begin implementation of the funded project within two hundred seventy (270) days from the start date of the contract. f. Upon notification of meetings or training sessions scheduled by ODOC, the Contractor shall ensure the attendance of any person performing services under this contract whose presence is requested. 5. EMPLOYEE BENEFITS The Contractor has full responsibility for payment of Workers` Compensation insurance, unemployment insurance, social security, State and federal income tax and any other deductions required by law for its employees. 6. CERTIFICATIONS BY CONTRACTOR a. The Contractor expressly agrees to be solely responsible to ensure that the use of monies received under this contract complies with all federal, State and local statutes, regulations and other legal authority, all as modified from time to time, that affect the use of said monies. b. The Contractor specifically certifies and assures that it will comply with applicable terms of the following statutes, regulations and executive orders and any amendments thereto: (1) LqualOpportun _ (a) Title VI of the Civil Rights Act of 1964 (42 USC §§2000d, et sect.), which prohibits discrimination on the basis of race, color or national origin under any program receiving federal funds. HUD regulations are at 24 CFR, fart 1; (b) Title VIII of the Civil Rights Act of 1968 (42 USC §§3600-3620, 1988), popularly known as the Fair Housing Act; (c) Executive Order 11063 (1962) as amended by Executive CDBG 06 H-3of11 Order 12259, which requires equal opportunity in housing. HUD regulations are at 24 CFR, Part 107; (d) Section 109 of the Housing and Community Development Act of 1974, which prohibits discrimination on the basis of race, color, national origin or sex in connection with funds made available pursuant to the Act. Section 109 also prohibits discrimination on the basis of age and disability as provided in: (i) Age Discrimination Act of 1975 (42 USC §§6101, et seq., State Program, Final Rule); (ii) Section 504 of Rehabilitation Act of 1973 (29 USC 794); Regulations are at 24 CFR, Part 570.601; (e) Section 3 of the Housing and Urban Development Act of 1968 (12 USC §1701u), which requires that, to the greatest extent feasible, opportunities for training and employment be provided to lower -income persons in the project area and that contracts for work in connection with the project be awarded to businesses in or owned in substantial part by residents of the project area. Regulations are at 24 CFR, Part 135; (f) Executive Order 11246 (1965), which prohibits discrimination on the basis of race, color, religion, sex or national origin and requires affirmative action in connection with federally assisted construction contracts. Regulations are at 24 CFR, Part 130 and 41 CFR, Part 60m1; (g) Section 504 of the Rehabilitation Act of 1973, as amended, which establishes policies, goals and procedures for assuring no otherwise qualified individual with disabilities is, solely on the basis of the disability, denied benefits, subjected to discrimination or excluded from participation in any program or activity receiving federal assistance. (2) f aboz Standards (a) Davis -Bacon Act (40 USC §276a-276a-5), which requires payment of the prevailing wage for the locality to workers on construction contracts over $2,000. Housing rehabilitation projects of fewer than eight units are exempt. Regulations are at 29 CFR, Part 5. The Contractor further certifies that it shall include in its bidders' packages the U. S. Department of Labor Wage Determination List and a statement that the Contractor and any subcontractors must comply with these wage rates in performance of the work required; CDBG 06 11-4of11 (b) Copeland (Anti -Kickback) Act (18 USC §874, 40 USC § 176c), which applies to all contracts covered by Davis - Bacon and provides that workers must be paid weekly, with only permissible deductions allowed. Regulations are at 29 CFR, Part 3; (c) Contract Work Hours and Safety Standards Act (40 USC §§327, et seq.), which requires overtime compensation. Regulations are at 29 CFR, Part 5; (3) Environment (a) National Environmental Policy Act of 1969 (42 USC §§4231, et seq.) (NEPA), and other provisions of law that further the purposes of the Act as specified in HUD Environmental Review Regulations at 24 CFR, Part 58; (b) The Contractor's chief executive officer hereby assumes the status of a responsible federal official under NEPA and accepts jurisdiction of the State and federal courts for the purpose of enforcement responsibilities as such an official; (4) Acquisition and Relocation Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (P.L. 91-646, P.L. 100-17). Section 305 of Title III and Section 210 of Title II require State and local recipients to comply with real property acquisition and relocation requirements set forth in said Act. Regulations are at 49 CFR, Part 24; (5) Lead -Based Paint Title IV of the Lead -Based Paint Poisoning Prevention Act (42 USC §§4821, et seg•), which prohibits the use of lead -based paint in residences for which federal assistance is provided. Regulations are at 24 CFR, Part 35; (6) Debarment and_Stits_e11S.i®z1 The Contractor certifies it will require certification from subcontractors that neither the subcontractor nor its principals is presently debarred, suspended, proposed :For debarment, declared 'ineligible or voluntarily excluded from participation in any proposal submitted as required by 24 CFR, Part 570.489; F'indin of Exemption: With regard to the environmental requirements of NEPA and the environmental requirements of related federal authorities, it is the finding of the Contractor that the activities of Administration and Engineering located in 24 CFR 58.34(a) are exempt activities. Upon execution of this contract the activities of Administration and Engineering require no further environmental review. CDBG 06 11-5of11 d. Finding of Categorical Exclusion/Not Subject to 24 CFR 58 S: With regard to the environmental requirements of NEPA and the environmental requirements of related federal authorities, it is the finding of the Contractor that the activity of Purchase of Equipment located in 24 CFR 58.35(b) is a Categorically Excluded activity not subject to 24 CFR 58.5. Upon execution of this contract this activity requires no further environmental review. HOLD HARMLESS CLAUSE The Contractor shall, within limitations placed on such entities by State law, save harmless the State of Oklahoma, its agents, officers and employees from all claims and actions and all expenses defending same that are brought as a result of any injury or damage sustained by any person or property in consequence of any act or omission by the Contractor. The Contractor shall, within limitations placed on such entities by State law, save harmless the State of Oklahoma, its agents, officers and employees from any claim or amount recovered as a result of infringement of patent, trademark or copyright or from any claim or amounts arising or recovered under Workers` Compensation Law or any other law. In any agreement with any subcontractor or any agent for the Contractor, the Contractor will specify that such subcontractors or agents shall hold harmless the State of Oklahoma, its agents, officers and employees for all the hereianbefore- des crib ed expenses, claims, actions or amounts recovered. In the event the Contractor chooses to use volunteer labor to assist in the project activities, the Contractor shall bear any and all liability for any injury or harm caused by the volunteer labor or any harm or injury to the volunteer labor. POLITICAL ACTIVITY All employees of the Contractor shall observe the limitations on political activities to which they may be subject under the Hatch Act (5 USC §§1501, et sew, 18 USC §595 and any amendments thereto). No portion of the contract funds may be used for any political activity or to further the election or defeat of any candidate for public office. No portion of the contract funds may be used for lobbying activities. NO -CONFLICT COVENANT The Contractor covenants that no officers or employees of any governing board of the Contractor have any interest, direct or indirect, and that none shall acquire any such interest during their tenure or for one year thereafter that would conflict with the full and complete execution of this contract. The Contractor further covenants that in the performance of this contract no person having any such interest will be employed. The Contractor covenants that no employee of ODOC has any interest, direct or indirect, nor has any employee of ODOC received anything of value in connection with this contract. CDBG 06 11-6 of 11 10. PUBLICATIONS AND OTHER MATERIALS a. No material produced in whole or in part under this contract shall be subject to copyright in the United States or any other country. ODOC shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this contract. Any publication or other material produced as a result of this contract shall include in a prominent location near the beginning the following statement: This (type of material) was financed in whole or in part by funds from the U.S. Department of Housing and Urban Development as administered by the Oklahoma Department of Commerce. 11. CONTRACT ADMINISTRATION The Contractor shall comply with 24 CFR, Part 570, Community Development Block Grants State Program Final Rule, and OMB Circular A-87, Cost Principles for State and Local Governments, except as directed otherwise in writing by ODOC, as they relate to the application, acceptance and use of federal funds and with the Oklahoma Department of Commerce requirements pursuant thereto, which are published in the ODOC Contractors Implementation Manual. 12, COMPENSATION TO CONTRACTOR Funds made available pursuant to this contract shall be used only for expenses incurred during the period funded as specified in Part I for the purposes and activities approved and agreed to by ODOC. No ODOC funds may be used for expenses incurred prior to the contract start date. No ODOC funds may be used for expenses incurred after the contract end date. ODOC shall disburse funds to the Contractor upon receipt and approval by ODOC of timely, properly executed Requests for Funds. The Contractor may submit a Request for Funds as often as necessary to meet its financial obligations. All funds received shall be expended within fifteen (15) days of receipt. No funds shall be disbursed by ODOC when any of the following conditions are present: (1) The latest Monthly Expenditure Report due has not been received and accepted by ODOC. The Contractor is required to submit a Monthly Expenditure Report by the tenth (10th) of the month following the receipt and/or expenditure of funds; (2) Funds are requested for activities not listed on the contract budget or are in excess of the current budget amount for a particular activity, All requests for funds should be submitted to ODOC during the period funded. A final claim may be submitted no later than sixty (60) days after the final date of the period funded. Said claim will H-7of11 be allowed only for reimbursement of actual expenditures. Any claim submitted after the sixty (60) days may be disallowed by ODOC. If ODOC determines that payment based on estimated expenditures is resulting in accumulation of excessive balances of cash on hand, ODOC may modify the basis for compensation to the Contractor to effect proper cash management. Payments by Contractor for administrative services will be made in conformance with the following schedule: Maximum Fee (Cumulative) Activity 25% Release of funds 90% During project implementation - paid on a pro rata basis as project funds are expended 100% Project Completion Report filed If a question arises as to the validity of any claim made under this contract and the parties are unable to resolve such question by negotiation, then the Contractor may request a resolution of the question pursuant to the terms of this contract and the administrative procedures promulgated pursuant to the Act, 75 O.S. §§250, et seq. 13. RELEASE OF FUNDS available through ODOC rules Oklahoma Administrative Procedures No costs, with the exception of administration and engineering, shall be incurred until after the Contractor has received written notice from ODOC that the Contractor has satisfied the specific requirements listed herein for release of funds. The Contractor may submit a request for release of funds for this activity prior to the release of other funded activities. The Contractor shall meet required Release of Funds requirements within one hundred twenty (120) days after the beginning of the contract period. In accordance with Requirement No. 401 of the Contractors Implementation Manual and other policies as noted below, the Contractor shall submit to ODOC "Release of Funds Requirements and Request for Release of Funds" and required supporting documentation as follows: (1) Environmental Review: The Contractor shall complete an Environmental Review for each contract activity with the exception of exempt activities and categorically excluded activities not subject to 24 CFR 58.5, i.e., administration, engineering and purchase of equipment (See Requirement No. 403); (2) Leverage Commitment: The Contractor shall submit Certification of Leverage (Form 401p13), certifying that leverage funds are available and identifying the source and amount in accordance with approved application and l: 1 II-8of11 Requirement No. 401; (3) Insurance and Bonding: The Contractor shall submit evidence of: (a) General liability insurance covering the funded activities; and (b) Bonding of all officials who are responsible for financial transactions relating to this contract; (4) Anti -Displacement Plan: The Contractor must adopt and submit an Anti -Displacement Plan in accordance with ODOC Requirement No. 401; (5) Other: Special conditions in accordance with this contract and ODOC Requirement No. 401 as follows: (a) Contractor has met any special conditions specified in Section 11 of this contract; (b) Contractor's audit has been accepted and approved by ODOC, (c) Contractor has attended a CDBG training session. 14. PROCUREMENT a. Procurement, management and disposition of property acquired with contract funds shall be governed by federal and State law, and as directed by ODOC in the Contractors Implementation Manual. Applicable State laws include the Public Competitive Bidding Act of 1974, 61 O.S. §§101, ct seq^ b. Materials acquired for construction purposes shall be deemed real property once they have become part of the improvement. 15. RECORDS, REPORTS DOCUMENTATION a. The Contractor shall maintain records and accounts, including property, personnel and financial records that properly document and account for all project funds. Specific types and forms of record are required in the ODOC Contractors Implementation Manual. b. The Contractor shall retain all books, documents, papers, records and other materials involving all activities and transactions related to this contract for at least three (3) years from the date of submission of the Final Expenditure Report or until all audit findings have been resolved, whichever is later. All records and accounts shall be made available on demand to the Oklahoma State Auditor and Inspector, HUD, the Comptroller General and ODOC, its agents and designees for inspection and use in carrying out its responsibilities for administration of funds. C. The Contractor will submit to ODOC documentation of local CDBG 06 11- 9 of 11 leverage funds used for the project in such form and at such times as required by ODOC. d. The Contractor has not paid, given or donated or agreed to pay, give or donate to any officer or employee of the State of Oklahoma any money or other thing of value, either directly or indirectly, in the procuring of this contract. 16. CLOSING OUT OF CONTRACT a. The Contractor shall promptly return to ODOC any funds received under this contract that are not obligated as of the final date of the period funded. Funds shall be considered obligated only if goods and services have been received as of the final date of the period funded. b. ODOC may unilaterally modify this contract to subtract the total amount of funds not obligated by the Contractor as of the final date of the period funded. C. The Contractor cannot close out the contract until the project is completed and all monitoring issues have been resolved and approved by ODOC. d. The Contractor shall submit closeout documents in accordance with ODOC Requirement 410 no later than sixty (60) days after the final date of the period funded or upon completion of the project, whichever comes first. 17. AUDIT�._DISALLOWED COSTS a. The Contractor shall comply with ODOC's Audit Policies and Audit Procedures, which are incorporated herein and made a part hereof. b. The Contractor shall provide ODOC with timely copies of reports on any audits that include funds received from ODOC. C. In the event an audit results in the determination that the Contractor has expended contract funds on unallowable costs, the Contractor shall reimburse ODOC in full for all such costs. d. Notice is given to cities and towns that House Bill 1670 of First Session of the 50`t' Oklahoma Legislature has legislated changes to the audit requirements of cities and towns. Cities and towns are encouraged to review the referenced legislation. 18. PROGRAM INCOME The Contractor shall account to ODOC for all Program Income resulting from this agreement, as provided in 24 CFR 570.489(e) and any amendments thereto. Disposition of Program Income will be determined by ODOC. 19. INTERPRETATION REMEDIES a. In the event the terms or provisions of this contract are breached by CDBG 06 Il - 10 of 11 either party or in the event a dispute shall arise between the parties regarding the meaning, requirements or interpretation of the terms and provisions of this contract, then such breach or dispute shall be resolved pursuant to the terms of this contract and the administrative procedures available through ODOC rules promulgated pursuant to the Oklahoma Administrative Procedures Act, 75 O.S. §§250, et seq. b. Neither forbearance nor payment by ODOC shall be construed to constitute waiver of any remedies for any default or breach by the Contractor that exists then or occurs later. C. This contract shall be construed and interpreted pursuant to Oklahoma law. 20. TERMINATION OR SUSPENSION a. This contract may be terminated or suspended in whole or in part at any time by written agreement of the parties. b. This contract may be terminated or suspended by ODOC, in whole or in part, for cause, after notice and an opportunity for Contractor to present reasons why such action should not be taken. Procedures for such a process shall be in accordance with the General Rules of Practice and Procedure of the Department. Grounds constituting cause include but are not limited to: (1) The Contractor fails to meet the requirements for Release of Funds within one hundred twenty (120) days after the beginning of the, contract period; (2) The Contractor fails to commence actual construction or otherwise begin implementation of the funded project within two hundred seventy (270) days from the start date of the contract; (3) The Contractor fails to comply with provisions of this contract or with any applicable laws, regulations, guidelines or procedures, including ODOC policies and issuances, or is unduly dilatory in executing its commitments tinder this contract; (4) Purposes for the funds have not been or will not be fulfilled or would be illegal to carry out; (5) The Contractor has submitted incorrect or incomplete documentation pertaining to this contract; (6) The Contractor is unduly dilatory in executing its commitments tinder a prior contract with ODOC, including, but not limited to submission of any audits due, resolution of audit findings and monitoring results. c. In the event of termination or suspension, the Contractor shall be entitled to payment for otherwise valid and allowable obligations incurred in good faith prior to notice of such action and to Contractor: Effective Date: Program Year: Grant Application Year: Contract # / Funding Source: 2006 2006 PLANNING 551020 ENGINEERING 551030 ARCHITECTURE 551031 INSPECTION 551032 HOUSING REHABILITATION 551049 ACQUISITION & DISPOSITION 551050 CLEARANCE/DEMOLITION 551070 UTILITIES 551080 WATER SYSTEM 551090 SEWER SYSTEM 551091 SOLID WASTE 551100 AMBULANCE 551161 FIRE PROTECTION 551160 HANDICAPPED 551044 COMMUNITY FACILITY 551110 SENIOR CITIZENS CENTER 551112 PARKS 551150 $66,450.00 STREETS FLOOD & DRAINAGE 551180 551190 OTHER: Legal, Survey, Easement TOTAL PROJECT COST 551210 66,450.00 PUBLIC FACILITIES ADMIN DIRECT GRANTEE ADMIN TOTAL ADMINISTRATION INIST TI®N TOTAL LEVERAGE MATCHING FUNDS . TOTAL PROJECT COSTS 551010 551018 _ .M $¢®�� 0® $66,45.00 � $100,850.00 $167,3Q®o®® Signature of Authorized Official PROJECT DESCRIPTION: ands will be used for the constructiw�j a pubilcly owned Aquatic Splash Pad bu this n0ghborhood Rayola Park located in a low and moderate lnGomo area in the City of Owasso. PROJECTED COMPLETION DATES Release of Funds- qonstructio. TM OWASSO MAYOR AND CITY COUNCIL From ANDY AR IRON - INCOG STAFF CQ. ERIC WILES ® 10/19/2006 ��ilv]Wiil IM, I i '' R Ill! III CUM - A110,12011HIN Attached you will find an Administrative Services Agreement in the amount of $4,500 for the ODOC Community Development Block Grant {CD BG) awarded to the City this month for the Rayola Park Splash Pad Improvements Project. The funding for project administration is included as a local match budget item and is part of the grant award requirement. An essential part of the release of funds process is to establish an environmental review record for the above referenced activity and the proposed administrative scope of services covers that project activity. The INC OG staff recommendation is that the City proceed with the release of funds process by approving and executing the attached Administrative Services Agreement. RF.QQELqT F:QR ACTION Ok9OQNCI1.&GENQ&, 1) Authorization for the Mayor to sign an Administrative Services Agreement with INCOG for 12413 CDBG 06. 0 Page 1 t CITY: OWASSO AMOUNT: $4,500.00 TERM OF CONTRACT: This agreement shall become effective can 10/17/06 and shall remain In effect through the "Funding Period", including extensions, of the FY 2006 Community Development Block Grant 12413 CI?BG 06 between the Oklahoma Department of Commerce, Stag of Oklahoma and the City of Owasso. To Subm t e pisitions or_Notice: To Is ue Payment or Notice: Andy Armstrong mayor Steve Cataudella NICOG City of Owasso 201 W, 5"' Street, Suite 600 111 N. Main Tulsa., OK 74103 Owasso, OK 74055 (918) 584-7526 (918) 376-1500 Fax: (918) 583-1024 (918) 272-4999 « - _ r, E <� ��e o� Wailes@cityofowasso.com INDIAN NATIONS COUNCIL CITY OF OWASSO OF GOVERNMENTS ;hair of the Board Mayor, Steve C taudelle, Date: ate: Attest: Attest: Secretary Clty Clerk � CONTRACT COMPONENTS: TS: :Dart 1 -- Summary and Signatures Dart 2 -- General Terms and Conditions Attachment A- Scope of Services The CITY agrees to pay INCOG as compensation for the services rendered in Attachment A the total sum not to exceed Four Thousand Five Hundred Dollars -- ---------- ($4,500.00). INCOG will be reimbursed on a monthly basis and will charge the CITY on an hourly basis for all set -vices rendered. Such compensation shall be paid on the basis of the direct and indirect actual auditable costs incurred in performance of the Scope of Services as set forth in this AGREEMENT. INCOG personnel shall receive compensation at a rate established for each class of personnel as set forth in the approved INCOG Budget and Salary Schedule for the fiscal year 2006. Such compensation shall be subject to adjustment in the total contract amount, where monitoring reviews or audits indicate that personnel services were compensated at greater than reasonable rate; or where salary increases for individual personnel are authorized by the INCOG Board of Directors. Subject to appropriation and disbursement of funds by the Oklahoma Department. of Commerce, and upon presentation by INCOG cost vouchers and approval thereof by the CITY, the CITY will pay INCOG for the value of work performed for the completion of each month. It is expressly understood and agreed that in no event will the total compensation to be paid hereunder exceed the maximum sum of exceed Four Thousand Five Hundred Dollars ------------ ($4,500.00) for all services rendered unless written amendments to this AGREEMEW are entered into by the parties hereto for modification of the Scope of Services as set forth in Part I of this AGREEMENT. A final voucher for claims arising under this AGREEMENT shall be submitted within thirty (30) days following the termination or expiration of this AGREEMTENT. SUBCONTRACT NOTIFICATION PROVISION None of the work and services covered by this CONTRAc'r may be, subcontracted without written consent. of the ary. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision. of this CONTRACT. MODIFICATIONS This CONTRACT is subject to modification as may be required by federal or state law or regulations. The work and services to be performed and the contract period may be modified only upon written agreement of both parties. I INTERPRETATION, REMEDIES In the event of any disagreement between the CITY and INCOG, relative to the provisions of this CONTRACT, the details of such disagreement shall be forwarded to the legal counsels of both parties for review and recommendation and such recommendation forwarded to the CITY Officers who shall make the final determination. ASSIGNABILITY INCOG shall not assign any interest on this CONTRACT, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the CITY thereto: Provided, however, that claims for money by INCOG from the CITY under this CONTRACT may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. SEVERABILITY CLAUSE If any provision under this contract or its application to any person or circumstance is held invalid by any court of competent jurisdiction, such invalidity does not affect any other provision of this contract or its application that can be given effect without the invalid provision or application. HOLD HARMLESS CLAUSE INCOG shall, within limitations placed on such entities by state law, save harmless the State of Oklahoma, City of Owasso, their agents, officers, and employees from all claims and actions, and all expenses defending same, that are brought as a result of any injury or damage sustained by any person or property in consequence of any act or omission by INCOG. INCOG shall, within limitations placed on such entities by state law, save harmless the State of Oklahoma, City of Owasso, their agents, offincers, and employees from any claim or amount recovered as a result of infringement of patent, trademark, copyright., or from ally claim or amounts arising or recovered under Workers' Compensation Law or any other law. In an agreement with any subcontractor or any agent for I.NCOG, INCOG will specify that such subcontract or agents shall hold harmless the State and City of Owasso. PERSONNEL a. INCOG represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. b. INCOG has full responsibility for payment of any workers' compensation insurance, unemployment insurance, social security, state and federal income tax and any other deductions required by law for its employees. C. All of the services required hereunder will be performed by INCOG or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted. under state and local law to perform such services. TE RMINATION OF CONTRACT FOR CAUSE If, through any cause, INCOG shall fail to fulfill in a timely and proper manner its obligations under this contract, or if INCOG shall violate any of the covenants, agreements, or stipulations of this contract, the CITY shall thereupon have the right to terminate this contract by giving written notice to INCOG of such termination and specifying the effective date thereof, at least 30 days before the effective date of such termination. In such event, INCOG shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by INCOG under this agreement shall become the property of the, CITY. Not withstanding the above, INCOG shall not be relieved of any liability to the CITY for damages sustained by the CITY by virtue of any breach of the, Contract by INCOG, and the CITY may withhold any payments to INCOG until such time as the exact amount of damages due the CITY from..'INCOG is determined. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this contract at any time by giving at least 30 days notice in writing to INCOG, If the contract is terminated by the CITY as provided herein, INCOG will be paid for the time provided. and all allowable expenses incurred up to the termination date. CONK LICTOF INTEREST No inember of the governing body of the CITY, and no other officer, employee, or agent of the CITY, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this agreement, and INCOG shall take appropriate steps to assure compliance. M INTEREST OF CONTRACTOR AND EMPLOYEES INCOG covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. INCOG further covenants that in the performance of this agreement no person having any such interest shall be employed. REPORTS AND INFORMATION INCOG, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to the contract, the costs and obligations incurred or to be incurred in connection therewith and any other matters covered by this contract. INCOG shall furnish the CITY narrative reports and financial reports related to the elements of this contract in the form and at such times as may be required by the CITY or federal and state grantor agencies. COMPLIANCE wITH LOCAL LAWS INCOG shall comply with all applicable laws, ordinances and codes of the state and local governments, and INCOG shall save the CITY harmless with respect to any damages arising from INCOG's performing any of the work embraced by this contract in violation of any applicable laws, ordinances and codes of the state and local governments. COPYRIGHT No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of INCOG. RF',CORDS AND AUDIT'S INCOG shall assist the CITY in retaining all books, documents, papers, records, and other materials involving all activities and transactions related to this contract for at least three (3) years from the date of submission of the final expenditure report or until all audit findings have been resolved, whichever is later. INCOG shall, as often as deemed necessary by the CITY, permit authorized representatives of the CITY and its Auditors, the U.S. Department of Housing and Urban Development, the Federal or State Department of Labor and the US. Comptroller General to have hill access to and the right to fully examine all such materials. INCOG shall comply with OMB circulars A- I 10 and A-1 22 requirements, where applicable. The OMB circulars are hereby made a part of this contract. I ANTI -KICKBACK REGULATIONS INCOG shall comply with all applicable anti -kickback regulations covered under Department of Labor Regulations 29 CFR, Part III, EQUAL EMPLOYMENT OPPORTUNITY INCOG shall comply with the following equal opportunity requirements as part of CDBG assurances: a. INCOG will not discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, handicap or familial status. INCOG will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, national origin, or handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. INCOG agrees to post in conspicuous places, available to employees and applicants For employment, setting forth the provisions of this non- discrimination clause. b. INCOG will, in all solicitation or advertisements for employees placed by or on behalf of INCOG, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. INCOG will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d. INCOG will comply with all provisions of Executive Order 11, 246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. IINCOG will furnish all information and reports required by Executive Order 11246 of September 24, '1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant, thereto, and will permit access to his books, records and accounts by the CITY, the Oklahoma Department of Commerce, the U.S. Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6 In the event of INCOG's non-compliance with the equal opportunity clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and INCOG may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9. INCOG will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. INCOG will take such action with respect to any subcontract or purchase order as the CITY, Oklahoma Department of Commerce, the U.S. Department of Housing and Urban Development may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event INCOG becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CITY, INCOG may request the United States to enter into such litigation to protect the interest of the United States. h, Housing and Community Development Act of 1974, Section 109 INCOG shall comply with Section 109 of the Housing and Community Development Act of 1974, which provides that no person in the United States shall on the grounds of race, color, religion, national origin, age or sex be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity -funded under the ,Act. Civil Rights Act of 1964 Under Title VI of the Civil Rights /Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities 7 1. The work to be performed under this contract is on a project assisted under a program providing federal financial assistance from the Department of Housing and Urban Development through the Oklahoma Department of Commerce and is subject to the requirements of Section 3 of the Housing and Urban Development, Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. ENCOG will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. INCOG will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the, subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Ilousing and Urban Development 24 CFR Part 135. NCOG will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E Compliance with the provisions of Section 3, the regulations set forth in 24 C~FR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractor and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFIt Part 135, F; DISCRIMINATION ACTOF 1975 INCOG shall comply with the provisions of the Age Discrimination act of 1975, which prohibits discrimination on the basis of age in the delivery of services and benefits supported by federal funds. AMERICANS IT IS ILI`I"I ;`I OF 1990 INCOG shall comply to the extent required with the provisions of the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabled status in any publicly funded program and activity. REHABILITATION ATI C T OF 1973, SECTION 504 fNCOG shall comply with the provisions of Section 504 of the Rehabilitation act of 1973, which prohibits discrimination on the basis of handicap in any programs or activities receiving federal financial assistance. I ATTACHMENT A - SCOPE OF SERVICES INCOG staff will perform the tasks listed below, keeping the City of Owasso apprised of program progress during all phases of the project. 1. Conduct PubliO Prepare and publish public hearing notices, organize presentation, and assist at any public hearings necessary (as in the event of pro rare amendment). 1 L3qyir-Qnmentgl Reyi APrepare and publish all public notices, .B. Notify appropriate authorities of the project such as State Historic Preservation Officer, State of Oklahoma Archeological Society, State of Oklahoma Department of Environmental Quality, Environmental Protection Agency, etc, C. Prepare an Environmental Assessment of the project. D, Recommend a determinatiOD of finding(s) and level of impact to the City Council of the City of Owasso. K Prepare and submit Request for Release of -Funds and appropriate supporl-ing documentation. 3, Rgq --ests f6f 4ymcixt LyLM p1h ��vj -us y_1 jQr_ A. Coordinate and prepare Requests for Payments to order funds for payment of CDBG- expenses, & Coordinate and prepare all quarterly narrative reports for submittal to ODOC as required. Assist the CITY staff in the preparation of monthly expenditure reports for submittal to ODOC as required. U C. Coordinate and prepare the initial Performance and Expenditure Projection form for submittal to OODC as required and any revisions or modifications, as necessary, during the length of the project. 4. Financial Management A. Assist in the monitoring of funds on hand with ODOC. B. Assist in the development and supervision of accounting procedures and maintenance of supporting source documentation including appropriate journals and ledgers. C. Maintain additional financial records and property inventories, as required. D. Assist the CITY staff to ensure compliance with generally accepted accounting principles in bookkeeping. 5opt File A. Establish project files which contain all source documentation and assist the CITY staff in file maintenance. B. Assist the CITY staff in niaintaining compliance with all applicable federal, state, and local regulations in the project files. 6, Citizen Pard nLc-lp-�tLqpCt--qga-l—OPP-Q-rt�Ln�IYLL, amr-Housmg A. Develop and coordinate a continuing citizen participation/equal opportunity planning process. B Maintain record of public hearings and other opportunities for citizens to participate in program performance and completion. Assist the urn, if necessary, in responding to and resolving equal opportunity complaints. 1), Assist the CITY in implementing a Fair Rousing Program. T Residential, Anti dissplacement and Relocaattion Assistance Plan A. A. Residential Antidisplacement and Relocation Assistance Plan will be prepared in compliance with the Uniform Relocation Act and submitted to OD for approval. N 8. KayQla Park Splash Pad Improvements A. Bidding/Construction Phase I Assist the CITY sta ff in reviewing plans, specifications and contract documents to meet ODOC requirements. 1 Secure wage rates from ODOC and include in bid packet. 3. Assist the CITY in reviewing executed construction contracts for completeness. 4. Obtain contractor and subcontractor clearance from ODOC. 5. Assist the CITY and project engineer in conducting a preconstruction conference. 6. Monitor contractor compliance with applicable regulations, such as Davis -Bacon wage rates and equal opportunity, I. Secure construction contractor's weekly payroll reports and ensure compliance with wage rates. 8. Conduct on -site interviews and verify results with. payroll reports. 9. Assist the CITY and project engineer with partial and final payment requests from construction contractor. 10. Assist the CITY in ODOC monitoring visit related to project activities and provide assistance in resolving monitoring issues, if any. 9. Pro ject Close-out AAssist the CITY in preparation and submittal of project close-out, documents to ODOC, including Project. Completion Report, Final Expenditure Report, Final Wage Compliance Report and Certificates of Completion, B, Assist the CITY in the resolution of audit questions, if any. IN TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO PROJECT MANAGE iiJ11JECT: XCCEPTATICE OF SANITARY SEWER AND WATER SYSTEMS CAUDLE CENTER DATE: October 11, 2006 The subject commercial development is located at the intersection of East 96t" Street Forth and Forth Garnett Road (see attached map). The development consists of approximately 628 linear feet of eight (8) inch PVC sanitary sewer line and approximately 1,264 linear feet of eight (8) inch PVC water line. Design of the sanitary sewer and water systems were reviewed and approved in October 2005. Final inspection for the sanitary sewer and water system systems were conducted on September 15, 2006. All items identified at the final inspection requiring correction to meet city standards have been completed. The construction contractor has provided the required one-year maintenance bond for the system. Staff recommends Council acceptance of the Caudle Center sanitary sewer and water systems. ATTACHMENTS A. Location Map B. Maintenance Bond C. ODEQ Permits Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com TOR LOCATION MAP TION' TULSA S TEEACHE,SOW)l S CREDIT,- UNION �OWASS6 SMITH F-A RJW MA WIFT F-11A CE Maintenance Bond . ! ! * i i 1%' , i Bond No. OK 35275 KNOW ALL MEN BY THESE PRESENTS, That we Dwican & Sons, L.L.C. as Principal (Developer and Contractor), and Oklahoma Surety Company Surety, are held and firmly bound unto the. City of Owasso, as Obligee, in the penal sum of _ Seventy:s thousand dollars and no/100----------A----mum----- (; 76,000.00 which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of 1 (one) year(s) after final approval of the Caudle Shopping Center at 96th St Garnett Waterline (8 inch) a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period, NOW, THEREFORE, THE CONDITION OFF THIS OBLIGATIONS IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIONED, SEALED, AND DATED: March 14, 2006 Duncan, & Sons, L.L.C. Principal BY: Maintenance Bond rt d PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No, OK j 1696 O`!V ALL, MEN BY THESE PRESENTS, That we Duncan & Sons, L.L.C. as Principal (Developer and Contractor), and Oklahoma Surety Company as Surety, are held and firmly bound unto the City of Owasso, as Obligee, in the penal sum of Forty thousand dollars and no/100-6-®mn----------------m-A------ ($ 40,000.00 ) which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents, WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of 1 (OneL year(s) after final approval of the Sanitary Sewer to Serve Caudle Shopping Center a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW,THEREFORE, THE CONDITION OF THIS OBLIGATIONS IS SUCH that the principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period, SIGNED, SEALED, AND DATED: M VMarch 16, 2006 Duncan & Sons, LAX, prirroipal Surety in -Fact Attach Power of Attorney August 30, 2005 RECEIVED Ana Stagg, Director SEP 6 2005 City of Owasso 301 West 2nd Avenue Owasso, OK 74055 CITY of OWASSO PUBLIC WORKS Re: Permit No. SL000072050874 Caudle Center Sanitary Sewer Line Extension S-21310 Dear Ms. Stagg: Enclosed is Permit No. SL000072050874 for the construction of 628 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Caudle Center, 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 August 30, 2005. 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, sending two (2) sets to your engineer and retaining one (1) set for our files. Sincerely, (:�� W�L- Justin Hodge DWSRF/Construction Permit Section Water Quality Division JH/TW/ab Enclosure Brian Kellogg, P.E., Kellogg Engineering, Inc. James Payne, P,E,, WPC District Engineer, DLQ Pick Austin, R.5., Regional Manager, DEQ Tulsa DQ Office 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101-1677 prinlod on rocyclod pnpor with soy Ink O® DEG,- 0 K l A H 0 M A DEPARTMENT OF ENVIRONMENTAL QUALITY STEVEN A, THOMPSON BRAD HENRY Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Governor August 29, 2005 S E P 6 2005 'Re: Permit . WL000072050873 Caudle Center Potable Water Enclosed is Permit No. WL000072050873 for the construction of 1,264 linear feet of eight (6) inch PVC potable water line and all appurtenances to serve the Caudle Center, City of Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department can August 29, 2005. 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, sending two (2) sets to your engineer and retaining one (1) set for our files, Sincerely, Justin Hodge DW RF/Construction hermit Section Water Quality Division JFI/iW/ab Enclosure c: Brian K. Kellogg, P.E., Kellogg Engineering, Inc. Mary Randolph, PWS District Representative, DECK Rick Austin, R.S., Regional Manager, DO Tulsa DEQ Office Nathan Kuhnert, Planning & Management Division, OW Rt 707 NORTH ROBINSON, R,O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101-1677 printed on recycled paper wlth soy Ink Cs IM J TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER PROJECT MANAGER SUBJECT: ACCEPTANCE OF STORM SYSTEM \ LOGANS ROADHOUSE RESTAURANT DATE- October 18, 2006 The subject commercial development is located at 9553 North Owasso Expressway (see attached map). Improvements consist of the construction of one (1) public storm system junction box. The design for this improvement was reviewed and approved in April 2006. A final inspection of the storm system improvement was conducted on October 2, 2006. .All items identified at the final inspection requiring correction to meet city standards have been completed. The construction contractor has provided the required two-year maintenance bond for the system. Staff recommends Council acceptance of the Logan's roadhouse Restaurant storm system improvements. ATTACHMENTS: A. Location Map B. maintenance Bond ATTACHMENT A WASH SOMARKET11 } Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OIL 74055 918.272.4959 www.cityofowasso.com ifl ASSO MBL Y[ OD i i I I CH pIF '. MWWCROSS MAINTENANE BOND I PRIVATELY FINANCED PUBLIC IMPROVEMENTI KNOW ALL MEN BY THESE PRESENTS, That we Broeren Russo Builders IncP 0 Box 6517,Cham aigp IL 61826, as Principal (Developer and Contractor) and Travelers Casualty and Surety rd CT 06183, as Surety are held and firmly bound unto the City of Owasso ,1 I I North Main Street, Owasso, Oklahoma, 74055, as Obligee, in the penal sum of Eighjjhpjjsand five hundred and 00/100 -------- DoUML-11159Q.,M to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will ffirnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the Logan's Roadhouse Restaurant Storm Sewer System, 9553 North Owasso Expressway Owasso Oklahorrza 74055 a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, period beginning against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period.. SIGNED, SEALED, AND DATED AUGUST 31, 2006 BROEREN RUSSO BUILDERS INC Pnncipal BY-, TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OASSO 1- •.O,i O DEPUTY CHIEF OF POLICE it REQUEST ,; n GRANT ACCEPTANCED BUDGET AMENDMENT/SUPPLEMENTAL APPROPRIATION DATE- October 18, 2006 BACKGROUND- On February 27, 2006 the Owasso Police Department applied for grant funding through the "2007 Highway Safety Grant". This grant was made available by the Oklahoma Highway Safety Office. The purpose of the grant is to provide Oklahoma law enforcement agencies with resources to reduce the number of injury/fatality accidents in the State. On June 2, 2006 the Oklahoma Highway Safety Office sent notification via mail that the department was awarded $40,000 which is to be dedicated to overtime expenditures for traffic enforcement. There is no match requirement for this grant, however; the Owasso Police Department will be responsible for fuel and maintenance of police patrol vehicles for overtime traffic patrols. In addition, the department will provide human resources to manage the grant. The grant is funded on a cost reimbursement concept. The Police Department will expend monies through its existing budget and subsequently claim reimbursement from the Oklahoma Highway Safety Office on a monthly basis. In order to receive grant funding the City of Owasso/Owasso Police Department must enter into a contract with the Oklahoma Highway Safety Office for management of the grant. ELQEE Staff request is for City Council to approve acceptance of this grant and action to approve a. supplemental appropriation for FY 2006-07 in the amount of $40,000 which would be dedicated to the Overtime budget line item. FUNDING: Funding for this request is derived from a grant in the amount of $40,000 from the Oklahoma Highway Safety Office. RECOMMENDATION: Staff recommends City Council acceptance of the 2007 Highway Safety Grant in the amount of $ 40,000; approval of an amendment to the FY 2006-07 General Fund increasing estimated revenues by $40,000; and approval of a supplemental appropriation increasing expenditures of the Police Department budget by the same amount. ATTACHMENTS: 1. Original Grant Application 2. Official Notification from the Oklahoma Highway Safety Office 3. Contract as prepared by the Oklahoma Highway Safety Officc Attachment I HIGHWAY SAFETY PROJECT APPLICATION FISCAL YEAR 2007 STATE OF OKLAHOMA OHSO USE ONLY OKLAHOMA HIGHWAY SAFETY OFFICE Program Area 3223 N. LINCOLN OKLAHOMA CITY, OKLAHOMA 73105 Contract Amount (405) 523-1570 FAX (405)523-1586 Program Manager TITLE OF CONTRACT: Owasso Traffic Enforcement Initiative 1. ORGANIZATION 2. ADDRESS (INCLUDE ZIP CODE) Owasso Police Department 111, North Main Street, Owasso, OK 74055 3. DIVISION 4. ADDRESS OF DIVISION City of Owasso 111, North Main Street, Owasso, OK 74055 5. COUNTY 6. FEDERAL EMPLOYER IDENTIFICATION NO. Tulsa 73-6069613 7. TELEPHONE NUMBER 8. FAX NUMBER 9. E-MAIL ADDRESS (if applicable) (918)-376-1564 (918)-376-1589 schambless@cityofowasso.com 10. ACCEPTANCE - IT IS UNDERSTOOD AND AGREED BY THE UNDERSIGNED THAT A PROJECT RECEIVED AS A RESULT OF THIS APPLICATION IS SUBJECT TO THE REGULATIONS GOVERNING HIGHWAY SAFETY PROJECTS. THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTNER IN ACCORDANCE WITH OHSO POLICY. COPY OF SUCH POLICY MAY BE OBTAINED UPON REQUEST. SIGNATURES CERTIFY STATEMENTS MADE IN THIS APPLICATION AND INDICATES ACKNOWLEDGMENT, UNDERSTANDING, AND CERTIFICATION OF PAGE 2 OF APPLICATION. A. PROJECT DIRECTOR (1) NAME (FIRST, MI, LAST) (2) TITLE Scott Chambless (3) ADDRESS AND ZIP CODE Deputy Chief of Police 111, North Main Street, Owasso, OK 74055,__ (4) SIGNATURE DATE (5) TELEPHONE NUMBER 02-27-2006 (918)-376-1566 B. FINANCIAL OFFICER (1) NAME (FIRST, M1, LAST) (2) 11L (3) ADDRESS AND ZIP CODE Sherry Bishop Director of Finance 111, North Main Street, Owasso, OK 74055 (4) SIGNATURE DATE (5) TELEPHONE NUMBER 02-27-2006 (918)-376-1525 C. AUTHORIZING OFFICIAL (MUST BE AUTHORIZED TO SIGN CONTRACTS ON BEHALF OF APPLICANT ORGANIZATION) (1) NAME (FIRST, MI, LAST) (2) TITLE (3) ADDRESS AND ZIP CODE Rodney Ray City Manager 111, North Main Street, Owasso, OK 74055 (4) SIGNATURE DATE (5) TELEPHONE NUMBE (918)-.3'76-1502 02­27-2006 D. Certific-- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. Instructions for Lower Tier Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that is it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) i. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. K "'. City of Owasso is reputed as one of the fastestgrowing cities in Oklahoma. The city experienced a population growth of 103% from 1994 through 2005 (estimated at 26,000). Growth in retail/restau rant business, schools and hospitals has resulted in additional traffic congestion and motor vehicle collisions. Motor Vehicle Collisions rose from 449 in 2004 (a 70% increase from 2003) to 491 in 2005, a 10% increase. According to Department records, between 1994 and 2005, Owasso has experienced a 361 % increase in the number of reported motor vehicle collisions. These growth events have placed additional strain on .e Police Department's resources. The average ratio of police officers to 1,000 citizens in the Tulsa Metropolitan Area is 2.1. Owasso's ratio is 1.6. According Oklahoma ,.Office,O.ranks11 o citi .�, B, ri. .. - '+,, .. o fatal . e .. � . .0 ranksw A dcrashes 9: A 2006 Seatbelt Survey revealed that the current Seatbelt usage rate forthe City of Owasso is at 65% percent. A 2006 Speed Survey revealed that the current percentage of vehicles speeding can Owasso thoroughfares is 73%. The goal of the Owasso Traffic Safety Initiative is to reduce the number of fatal crashes within the City's jurisdiction from 2 in 2003 to 1 in 2007; to decrease the percentage of vehicles speeding on Owasso thoroughfare roadways from a surveyed total of 76% in 2006 to 75% in 2007, and to increase the current safety belt use rate of 65% of motor vehicle drivers / passengers for 2006 to 66% in 2007. (Current state rate is 33.1 %). In order to address the current motor vehicle collision rate, speeding epidemic, reduce the frequency of injury and fatal crashes and address low seatbelt usage, Owasso intends to utilize the OHSO funds for equipment, overtime enforcement and public information programs. By addressing Owasso's low seatbelt usage rate and high vehicle speeding rate the Owasso Police Department intends to impact injury and fatality collisions. 0 The Owasso Traffic SafetyInitiativebe r•'"i to supports r. .i goal of • the numberof fatal crashes within the City's jurisdiction from 2 in2003to 1 in 2007;to increase the safety belt e rate to 68% 200and to decreasea, percentage of . e speeding on Owasso thoroughfare roadwaysfrom r surveyed total of 78% in 006 to .% in 2007.it achieved by Owasso • i a officers working outside theirnormal work schedules on an overtime enforcement basis. Shifts will be scheduled to coincide with peak traffic hours; focusing on safety belt use and traffic violationsthat are ilikelyi resultmotor vehicle collisions, rri • stop Q-,ign / red light running, aggressive driving and DUI / DWI violations. Officers will concentrate their .2,ctivities on locations identified as high risk intersections and high risk thoroughfares. In order i effectively address ri related andaggressivedriving relatedissues throughout Policethe i equipped with radar(including operator ei i, a • •"sThese motorcycles will is utilized exclusivelyfor ♦ dedicated two man traffic safety checks, utilizing OHSO funded warning equipment in order to stress occupant protection. The Department well as the monthly 8 hour training days, equal to 352 man hours of training. Further, the Department will utilize OHSO funded i camera systems to apply to conviction efforts,,,. training standardsand document enforcement efforts. a. cameras be disseminated to Officers that ar have exceeded in the area of traffic enforcement. Currently e Owasso Police Department does not utilize in -car video recording systems and is askingq of a 47 vehicles. camera systems requested are Digital/Downloadable Recording Systems that require an initial start up in-carcost for equipmentas ., stored -base transmission - Project Personnel The role of the Deputy Chief will include approximately 96 hours of Grant Fund management, information reporting and data entry. Further, the role of the Patrol Captain will be coordination of grant initiatives, equipment management and data entry. These hours will be absorbed by the Department as contributing costs for the furtherance of the Traffic Initiative Project, Front Line Supervisors and full time Field Officers will conduct overtime enforcement shifts, utilizing Grant Funds, at an approximate rate of 104 hours per month for the funded year, M After an extensive operational comparison done by the Department, the Honda ST1300 Law Enforcement Package r •e Motorcycle wasselected to serve our aOfficers assigned .. « units will work a dedicated traffic enforcement detail targeting the violations laid out in the Problem Identification . of this aw-lication. Additional ci i ri in the themselves it Emergency Lighting Packages from "Communications r ♦ . SetComm and Stalker Radar Units. (Advertisements and Quotes Attached) Honda ST13 Ir. i • Lighting Packages • Radars x i4 S /Ii MN 1j ii ,r �` ••�.,i Initial start up costs for dedicated motorcycle traffic enforcement units include clothing and gear not normally associated with patrol officers. The Department chose the Shoei - Syncrotec - Full Face - Communications Integrated Riding Helmet with a Squadfitters.com Helmet bag. For the remainder of e necessary equipment the Department chose Squadfitters.com brand riding coat, winter breeches, boots and gloves. . $951.9 $475.00ea $950.0 e .;.9 $259.00ea $518. $440.00ea $840.0 • : • i After receiving presentations from several I n-Car Video System representatives the Department chose the L3 Mobile Video In -Car Digital / Downloadable System to equip 15 of the Departments 47 Policevehicles. Currently the Owasso •. oes not utilize In -Car Digital Video Systems. Included in the Related Video Equipment is the server and • downloading digitalfeed, without whichesystem becomesuseless. T Digital The reed for Traffic Safety Signs to identify Seatbelt Enforcement zones and other traffics safety initiatives became evident during the Safety Belt Enforcement Project conducted by the Department for researching the 2007 C-ISOGreet. These signs will be placed in enforcement areas for public notification and warning, as well as officer safety. ` of ty igns' `traffic Safety ign's$450.00ea $ 90000 Total $158,460.68 I The Project Director will furnish monthly reports detailing the number of overtime hours worked and the number of a traffic issued, including the number of speeding contacts,occupant protection i pi r DUI arrests. . report dr . number and p- in of P & events conducted. At the end of the contact period, the Project Director will submit a report detailing the results of the project goal to decrease the number of fatal crashes, decrease the percentage of speeding motorists, and will conduct further r. belt and speed test surveys to determine if the goal(s) r. beltusage and speed dcompliance have been met. The Owasso Police Departmentcontinue to ,.a, financial commitmento continue the traffic safety project provided in this grant once federal funding ceases. This can be accomplished by budgeting ir equipment and overtime as well as through the solicitation support and funding from the police and city administration and the city council. Grantee is confident Owassothe income generated through fines and bonds generated by this project, in addition to the solicit financial support for future self -funding of this program. Further, Owasso City Management has committed to the hiring of at least five additional Officers, per year, for the next five years, budget permitting. The FY 2007/2010 *Strategic strategies Strategy 1.2.1 Create Policy and Procedures for utilization of a Motorcycle traffic enforcement unit inclusive of setting minimum per hour contact requirements. Fiscal Year: 06-07 Responsibility: Chief of Police Funding: Existing Resources Strategy 1.2.2 Implement a Motorcycle Patrol program dedicated to reducing traffic violations most likely to contribute to motor -vehicle collisions. Fiscal Year: 06-07 Responsibility: Patrol Captain Funding- Operating Budget/Grant Strategy 1.2.3 Participate in all special traffic enforcement initiatives designated by State and Federal Highway Safety Offices. Fiscal Year: Annually Responsibility: Patrol Captain Funding: Operating Budget/Grant Strategy 10 0 Research the feasibility of establishing a minimum daily traffic contact requirement for patrol division personnel. Fiscal Year: 07-08 Responsibility: Patrol Captain Funding: Existing Resources I Strategy 1.2.5 Establish sustained traffic education programs in the Owasso Public Schools through the Safe Schools Committee. Fiscal Year: 08-09 Responsibility: Patrol Captain Funding: Existing Resources/Grant Strategy 2.2.1 Coordinate with consulting firm to ensure crime mapping/traffic collision mapping capability of the GIS. Fiscal Year. 06-07 Responsibility: Communication Supervisor Funding: Existing Resources Strategy 2.3.5 Establish Policies and Procedures related to in -car video systems Fiscal Year: 06-07 Responsibility: Chief of Police Funding: Existing Resources Strategy 2.3.6 Procure in -car video systems for 1/3 of the patrol division Fiscal Year: 06-07 Responsibility: Deputy Chief of Police Funding: Grant Strategy 2.3.7 Procure in -car video systems for all members of the patrol division who are not equipped with them Fiscal Year: 07-08 Responsibility: Patrol Captain Funding. Operating Budget/Grant Attachment 3 17. BUDGET SUMMARY Cost Category Items SOURCE OF FUNDS HIGHWAY SAFETY APPLICANT CONTRIBUTION TOTAL FEDERALFUNDS I. PERSONNEL COSTS $35,000.00 Management & Training $50,123,40 $15,123.40 A. Salaries B. Benefits $2,677.50 Management & Training $3,833.54 $1,156.04 II. TRAVEL $0.00 $0.00 $0.00 A. In -state Travel B. Out-of-state $0.00 $0.00 $0.00 Travel III. OPERATING COSTS $0.00 $4,028.80 $4,028.80 IV. CONTRACTUAL SERVICES $0.00 $Q.00 $0.00 V, EQUIPMENT $157,984.69 $157,984.69 $0.00 TOTAL $195,662.19 $20, 308.24 $215,970.43 18. BUDGET DETAILS (Attach required pages) I. Personnel Costs Title Duty Type I burly Rate Time -Year Total Officer Enforcement Salary $27.80 1259 Hours $35,000.00 Officer Enforcement Benefit $ 2.16 1259 Hours $ 2,677.50 Officer Training Salary $27.80 352 Hours $ 9,785.60 Officer Training Benefit $ 2.16 352 Hours $ 760.32 Captain Coordination Salary $27.11 96 Hours $ 2,602.56 Captain Coordination Benefit $ 2.06 96 Hours $ 199.09 Deputy Chief Reporting Salary $28.37 96 Hours $ 2,723.52 Deputy Chief Reporting Benefit $ 2.18 96 Hours $ 208.35 Total J53,956.94 II. Travel Costs III. Operating Costs Product Type Measure per hour Cost per Unit Total Fuel Unleaded 10 Miles per hour $.032 $ 4,028.80 Total 4 028.80 IV. Contractual Services V. Equipment Product Honda ST1300 Motorc cle Whelen �- Motorcycle Emergency Pack Setcomm Communications Gear Stalker Motorcycle Radar Units Riding Helmet Helmet Bags Riding Coats JB Battle Summer Breeches LAPD Winter Breeches Sacramento Riding Boots Riding Gloves In -Car Video Camera Systems Related Video Equipment Traffic Safety Signs Total Vendor OTY Honda of Tulsa 2 Fleet Distr. 2 Setcomm INC Stalker 2 Shoei 1 Squadfitters 2 Squadfitters 2 Squadfitters 2 Squadfitters 2 Squadfitters 2 Squadfitters 2 L3 MV 15 L3 MV 1 SafetySigns 2 Unit Price Total $14,599.00 $29,198.00 $ 3,500.00 $ 7,000.00 2 $ 1,995.00 $ 3,990.00 $ 2,295.00 $ 4,590.00 $ 475.99 $ 475.99 $ 39.95 $ 79.90 $ 475.00 $ 950.00 $ 152.95 $ 305.90 $ 259.00 $ 518.00 $ 440.00 $ 840.00 $ 33.95 $ 67.90 $ 5,840.00 $87,600.00 $21,469.00 $21,469.00 $ 450.00 $ 900.00 $157,984.69 Total --- --- � .. $215-97®.43 Attachments: 1. WORKER'S COMPENSATION WAIVER F LIABILITY . SEAT BELT POLICY . Purchasing/Inventory Policy 4. Equipment In -formation & Quotes 0 WIWI Worker's compensation Insurance is required by the State of Oklahoma for all entities that contract with the State. Proof of Worker's Compensation Insurance is required bythe Department of Central Services as specified below: Worker's Compensation Insurance Policy# 16950 Policy Expires: 06/30/2006 If you are exempt from the Worker's Compensation Insurance statute you must state your exemption and sign the following waiver of liability. 1, the undersigned, hereby waive any claim against the using agency and/or its agents and assume responsibility for all accidents, injuries or losses incurred by me as a result of my negligence while in connection with any activity conducted with the using agency, thereby releasing the department, division and/or its agents for any responsibility. Claimed Exemption (signature) (name, printed) (date) 10 3223 Forth Lincoln Oklahoma City, OIL 73105-5403 (405)523-1570 (405) 523-1586 Fax June 2, 2006 Scott Chambless Owasso Police Department I I I N. Main St., Owasso, OIL 74055 Dear Deputy Chief Chambless: Congratulations. Your traffic safety project has been approved for inclusion in the FY07 Oklahoma Highway Safety Plan. �� OI�SO Program Manager will be contacting you shortly to discuss approved funding level, contract development, and any modifications to your application. If you have any further questions, please contact Cecilia Alsobrook, Chiefs of Plans and Programs, (405) 523-I574 or by email at calsobro�dsstatc,o�.lis. We loop forward to working with you in the next fiscal year to reduce traffic fatalities, crashes, and injuries on Oklahoma roadways. Sincerely, ez, - KayS atton Governor's Representative' OKLAHOMA HIGHWAY SAFETY FILE 3223 North Lincoln Oklahoma City, OIL 73105-5403 (40S)S23-IS70 (405) 523-1586 Fax October 9, 2007 Deputy Chief Scott Chambless Owasso 111 North Main Street Owasso, OK 74055 ®ear Deputy Chief Charnbless: Enclosed is a copy of contract PT-07m03023d02 entitled "Owasso Traffic Enforcement." In order to complete the contract process, signatures and notarization are required. Pleasereview the contract, sign and notarize in the designated areas, and return the entire contract (all copies) as scam as passible to: Oklahoma Highway Safety Office 3223 N. Lincoln Okla. City, OK 73105 Attn: Administrative Staff If you have any questions concerning your contract, please contact your Program Manager at (405) 523-1570. Do not fill in any dates in the blocks labeled, "Contract Effective Gate" or "Contract Period." Sincerely, Xavyt tton Go ern r`s Representative KS/skj Enclosure OKLAHOMA HIGHWAY SAFETY OFFICE CONTRACT ~ PART I TITLE OF CONTRACT CONTRACT EFFECTIVE DATE FROM TO CONTRACT PERIOD PROJECT PERIOD OVVAQ8OTRAFFIC ENFORCEMENT CONTRACT NUMBER FA I a a fuXTA| HIGHWAY FUNDS OBLIGATED State ofOklahoma, County of . Tulsa 1, of Fa—wful age, being first duly sworn, on oath say, that I am the duly authorized agent of the Citv —of — Owasso , Oklahoma, for executing this contract with the Oklahoma Highway Saf y ffice (OHSO). I further state and agree to comply, to the best of my knowledge, information and belief, with all municipal, state and federal laws, regulations and directives governing grants including, but not limited to, those listed in this contract. Referenced documents are on file at the OHSO. I further state that any and all claims for reimbursement under this contract will be true and correct, that the work, services, or materials as shown by any clairn will have been completed or supplied in accordance with the plans, specifications, orders, requests and all other terms of the contract prior to the filing of claims. I further state that I arn the duly authorized agent of the contractor for the purpose of certifying the facts pertaining to the giving of things of value to governmental personnel in order to procure the contract or obtain payment, I am fully aware of the facts and circumstances surrounding the making of the contract and have been personally and directly involved in the proceedings leading to the procurement of the contract; and neither the contractor nor anyone subject to the contractor's direction or control has been paid, given or donated or agreed to pay, give or donate (to any officer or, employee of the State of Oklahoma) any money or other things of value, either directly or'adirectly� in procuring the contract or obtaining payment. N11-- In reviewing this contract and the circumstances involved with its implementatio�, n opini as derived by the ndersigned that any negative environmental impact will be substantially Outweighed by the projected "is contr,a L, efit Date C-TC)S& AFFIDAVIT State of of lawful age, being first duly sworn on oath say, that I am the duly authorized representative of the Governor of the State of Oklahoma and am duly authorized to carry out the statutory provisions of 47 O.S. 1971, Section 40-107, and all other laws, regulations and directives, pertinent to highway safety in the State of Oklahoma to the best of my knowledge, information, and belief. Date 2O-- Signature Bmvemo/aRepreeen8a1ive.-[)kFaR Subscribed and Sworn to, before me, this --- day of 20 rNyCommiooionaxpi,e* Commission Number ^ KLAHO A HIGHWAY SAFETY OFFICE CONTRACT - PART I Page 1 of S Pages TITLE OF CONTRACT CONTRACT EFFECTIVE DATE 04INWOR61999 •l OWASSO TRAFFIC ENFORCEMENT CONTRACT NUMBER HIGHWAY SAFETY FUNDS OBLIGATED PT-07-03-23-02 $ 40,000 State of Oklahoma, County of Tulsa 1, — Rodnev Ram ,cif lawful age, being first duly sworn, on oath say, that I am the duly authorized agent of the Cites of Owasso , Oklahoma, for executing this contract with the Oklahoma Highway Safety Office (OHSO). I further state and agree to comply, to the best of my knowledge, information and belief, with all municipal, state and federal laws, regulations and directives governing grants including, but not limited to, those listed in this contract. Referenced documents are on file at the OHSO. I further state that any and all claims for reimbursement under this contract will be true and correct, that the work, services, or materials as shown by any claim will have been completed or supplied in accordance with the plans, specifications, orders, requests and all other terms of the contract prior to the filing of claims. I further state that I am the duly authorized agent of the contractor for the purpose of certifying the facts pertaining to the giving of things of value to governmental personnel in order to procure the contract or obtain payment, I am fully aware of the facts and circumstances surrounding the making of the contract and have been personally and directly involved in the proceedings leading to the procurement of the contract; and neither the contractor nor anyone subject to the contractor's direction or control has been paid, given or donated or agreedto pay, give or donate (to any officer or employee of the State of Oklahoma) any money or other things of value, either directly orindirectl , in procuring the cor obtaining payment. / In reviewing this contract and the circumstances involved with its implementation tin o jpi as derived by th€ iandersicined t at any negative environmental impact will be substantially outweighed by the projectefeftfs of is contract Date , w 20 3,0 Signature A Title Subscribed and Sworn to, before me, this m day of.-- m20 My Commission expires o _. Commission Number tart' Pub i AFFIDAVIT State of ���_Oklahom�__. „ _ ..m__.. � � County of m _ Oklahoma _ I, Dave attire _ of lawful age, being first duly sworn on oath say, th��'ml iri� fhe duly ��cttir�ri�cc3 representative of the Governor of the Stale of Oklahoma and am duly authorized to carry out the statutory provisions of 47 O.S. 1971, Section 40-107, and all other laws, reguilations and directives, pertinent to highway safety in the State of Oklahoma to the best of my knowledge, information, and belief. Gate 20 _ . Signature . _ _. Governor's Ri5presentative , Oklalic nia t iighway q�ifety o fjce; Subscribed and Sworn to, before me, this..a_ day of a� --20--- My Commission expires. _. .._._a--_..—w. Commission Number N®tart' Public OHSO-P-2 (09/02) LAHOMA HIGHWAY SAFETY OFFICE CONTRACT ® PART I Page 1 of 8 Pages TITLE OF CONTRACT TO E� ��E �Q.2QQiI $ �Q,QQQ NIVIV1VAT1IN Mate of Oklahoma, County of Tulsa I, Rodnev Ray , of lawful age, being first duly sworn, on oath say, that I am the duly authorized agent of the City of Owasso , Oklahoma, for executing this contract with the Oklahoma Highway Safety Offiice (OHSO). I further state and agree to comply, to the best of my knowledge, information and belief, with all municipal, state and federal laws, regulations and directives governing grants including, but not limited to, those listed in this contract. Referenced documents are on file at the OHSO. I further state that any and all claims for reimbursement under this contract will be true and correct, that the work, services, or materials as shown by any claim will have been completed or supplied in accordance with the plans, specifications, orders, requests and all other terms of the contract prior to the filing of claims. I further state that I am the duly authorized agent of the contractor for the purpose of certifying the facts pertaining to the giving of things of value to governmental personnel in order to procure the contract or obtain payment, I am fully aware of the facts and circumstances surrounding the making of the contract and have been personally and directly involved in the proceedings leading to the procurement of the contract; and neither the contractor nor anyone subject to the contractor's direction or control has been paid, given or donated or agreed to pay, give or donate (to any officer or employee of the State of Oklahoma) any money or other things of value, either directly or indk-ec'tPy, in procuring the contract or obtaining payment. / nm In reviewing this contract and the circumstances involved with its implementation, opi fi was derived by the undersigned tat any negative environmentsl impact will be substantially outweighed by the projected Rj, of contract. Date ��e> .._ � � e� 20 m_ ��� Signature Title Subscribed and Sworn to, before me, this _ day of _ C t`- 20 .� u My Commission expires � � � � Commission Number otaryP is � __..�..� � AFFIDAVIT State of . Oklahoma � County of � � __ Oklahoma I, Ka to tin � of lawful age, being firstduly sworn on oath say, that I hri� the dial authorized representative of the Governor of the State of'Oklahrna and am duly authorized to carry out the statutory provisions of 47 O.S. 19711, Section 40-107, and all other laws, regulations and directives, pertinent to highway safety in the State of Oklahoma to the best of my knowledge, information, and belief. Date. .�m _v .. �.._. � � 20---- Signature Governor's Represeritahv�i CZkliihom�i- highway Safety Gfhce Subscribed and Sworn to, before me, this --- day of .m 20 — .� � — My Commission expires _ ,. . _. _ _ m Notary Public Commission Number OHSO-P-2 (09/02) TABLE OF CONTENTS Contract No. PT-07-03-23-02 Page 2 of 8 Pages OKLAHOMA HIGHWAY SAFETY OFFICE CONTRACT - PART I Page Number Contractual Authorization .................... ......................... 1 Table of Contents ............ — ........... ......................... 2 Contract Summary ......................... ......................... 3 Budget Summary ........... ....... ...... ............... Budget Details ............................ ......................... Activity/Milestones. . . ................................. .............. Glossary of Definitions. . ...... ............. ...... 1 Regulations and Directives, ........................ .................. 2-3 Regulations/Directives Highlights. , . .... ...... 4-8 SPECIFIC CONTRACTUAL AGREEMENTS - PART III Specific Contractual Agreements ..... ....... ........ ....... 1-2 ATTACHMENT Project Director's Report 01-130-P-2a (09/02) CONTRACT SUMMARY Page 3 of Rages TITLE OF CONTRACT: Contract dumber: PTm07-03-23-02 Responsible Agency: Owasso Police Department Reimbursement Information (where check is to be Project Director: Cep Chief Scott Chambless mailed): Phone dumber: 913®376-1564 Payee: City of Owasso Address: 111 North Main Street (P.O. Box 160) Address: i OHSO Funds Obligated: $ 40,000 Source of Other Funds: Total of OHSO and Other Funds: $ 40,000 CONTRACT SUMMARY NARRATIVE SECTION 111 North Main Street Other Funds Obligated: $ The following pages of this CONTRACT SUMMARY (NARRATIVE SECTION will contain: The Problem Identification, Project Goal, Project Description, Equipment and Equipment Justification, Evaluation, and Cost Assumption. The contract objectives must be time -framed and measurable. The narrative also needs to include personnel utilization. PROJECT GOAL The goal of the Owasso Traffic Safety Initiative is to reduce the number of fatal crashes within the city's .jurisdiction from 1 in 2004 to 0 in 2007; and to increase the safety belt use rate to 65% in 2007. (Current unofficial rate for Owasso is 65.0%). The current KAB rate per 10,000 VMT is 2.90, PROBLEM IDENTIFICATION The City of Owasso experienced a population growth of 103% from 1994 through 200 (estimated at 26,000). Growth in retail/restaurant business, schools and hospitals will likely result in additional traffic congestion and motor vehicle Collisions. There is great potential for additional Crimes related to alcohol consumption, as well. Between 2004 and 2005, Owasso experienced a 70% increase in the number of reported motor vehicle collisions. These growth events have placed additional strain on the OPO's resources. The average ratio of police officers to 1,000 citizens in the Tulsa Metropolitan Area is 2.1. Owasso's ratio is 1.6. According to the Oklahoma (Highway Safety Office, Owasso ranks #4 among cities for the number of KAB crashes per 10,000 Vehicle Files Traveled (VMT) and #14 in the number of fatal collisions per 10,000 Vehicle Miles Traveled. Owasso ranks #7 in speed related crashes per 10,000 VMT. In order to address the Current motor vehicle Collision situation and reduce the future frequency of injury and fatal crashes, Owasso intends to utilize OHSO funds for overtime enforcement and public informational programs. OH O-P-2b (09/02) CONTRACT SUMMARY Contract No. ITT-07-03.2 -02 Page 4 of 8 rages CONTRACT SUMMARY NARRATIVE SECTION continued The project will implements activities in support of national highway safety goals to reduce motor vehicle related fatalities. The Owasso Traffic Safety Initiative will be managed to support the Mated goal of reducing the number of fatal crashes within the city's jurisdiction from 1 in 2004 to 0 in 2007; and to increase the safety belt use rate to 85% in 2007. This will be achieved by Owasso police officers working shifts outside their normal work schedules on an overtime basis. Shifts will be scheduled to coincide with peak traffic hours; focusing on safety belt use and traffic violations that are most likely to result in motor vehicle collisions. Le, speeding, stop sign/light running, aggressive driving and DUI/DWI violations. Officers will concentrate their activities on locations identified as high risk intersections and high risk traffic corridors. Officers will periodically conduct seat belt/ vehicle safety checks, in order to stress occupant protection issues. m The Project Director will furnish monthly reports detailing the number of overtime hours worked and the number of written traffic contacts issued, including the number of speeding contacts, occupant protections contacts and DUI arrests. The report will include the number and description of PI&E events conducted. At the end of the contract period, the Project Director will submit a report detailing the results of the project goal to decrease the number of fatal crashes and will conduct a seat belt survey to determine if the goal of increasing seat belt use has been net. COST ASSUMPTION The Owasso Police Department will continue to seek financial commitment from the city to continue the traffic safety project provided in this grant once federal funding ceases. This can be accomplished by budgeting commitments for equipment and overtime costs, as well as through the solicitation of support and funding from the police and city administration and the city council. Grantee is confident the income generated through fines and bonds generated by this project, in addition to the effectiveness of the grant project by furthering our crash reduction efforts, will be sufficient evidence to solicit financial support for future self -funding of this program. BUDGET SUMMARY Part I Page 5 of 8 Pages CONTRACT TITLE: Federal Fiscal Year: FY 07 PROGRAM AREA Owasso Trpffic Enforcement Project Number: PT-07-03-23-02 POLICE TRAFFIC SERVICES COST CATEGORY Est Quarter 2nd Quarter 3rd Quarter 4th Quarter Annual Total ITEMS OCT NOV DEC JAB FEB MAR APR MAY f JUN JUL AUG SEP YTD LPERSONNEL T_ P 3;254 1 3,254 3,254 3,254 3,254 3,254 3,254 -------------I---------I 3254 3,254 3,254 3,254 3,256 39,050 A. Salaries --------------------------- L ----------------------------------------------------------------------------- A B. Benefits 79 79 79 79 79 79 -------- 79 79 79 79 81 950 _79 7 ----------------------- ----------------------------------------------------------------------------- A lI.TRAVEL P 0 A. In Site Travel ---------------- f ---------------------------------- ---------------------------------------- A T P d B. Out -of -State ravel --------- -----------------------------------------------------L ---------------------------------- ------- A t OPERATING COSTS P ------------ -------------------------------------------------------------------- 0 A------------------------------------------- t IV. CONTRACTUAL P COSTS ----------- - - ------------------------------------------------------------- 0 ---------------------------------------- A V. EQUIPMENT P 0 --------- ------- ------------------------------------------------------------------------------------------------------- A MONTHLY TOTAL P 3,333 3,333 3,333 3,333 3,333 3,333 3,333 3,333 3,333 3,333 3,333 3,337 40,000 ------ --------- ----------------------------------------------------- ---------- ------- ------- P=Planned Budget A = Actual Expenditures (To be completed by Project Director each month.OHSO-P-2c (09/02) BUDGET DETAILS Page 6 of 8 Pages CONTRACT TITLE: FederaI Rscal Year: FY 07 PROGRAM AREA Owasso —1 raffic Enforcement Project Number: PT-07-03-23-02 POLICE TRAFFIC SERVICES COST MONTH TOTALS CATEGORY DESCWTiON OF EXPENDITURE ITEMS OCT NOV DEC JAN FEB MAR SEMI-ANNUAL ITEMS APR MAY JUN JUL AUG SEP ANNUAL 1. A. Saiary for overtime traffic enforcement & PAEE'. (rate riot P 3,254 3,254 3,254 3,254 3,254 3,254 19,524 to exceed 1 Y2 times the regular rate). ---------------------------------------------------------------------------- A �p 3,254 3,254 3,254 3,254 3,254 3,256 39,050 ----------------------------------------------- ------------------------------- A 1. B. Benefits computed at 2.45% of salaDj (Agency does not P s 79 79 79 79 79 79 474 contribute to social security). ------------------------------------------------------------------------------- A 79 1 79 79 79 79 81 950 ------------ j ---------------------------------------------- ------------------- A P 0 ------------------------------------ -A- -------------------------------- P 0 I ------------------------------------------------- --------------------------- P 0 A----------------------------------------------------------------------------- P 0 ---------------------------------------------------------------------------- A P ---------------------------------------------------------------------------- A P ----------- --------- --------- 0 A--- ---------- I ---------- --------- t -------------- P = Planned Budget A = Actual Expenditures -,,To be completed by Project Director each month.) OHSO-P-2d (09/02) ACTIVITY I MILESTONES Page 7 of 8 Pages CONTRACT TITLE: Federal Fiscal Year: FY 07 PROGRAM AREA Owasso Traffic Enforcement Project Number: PT-07-03-23-02 POLICE TRAFFIC SERVICES MILESTONES No. ACTWITiES 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP YTD 1. Hours of overtime traffic enforcement worked. Estimate 1322 hours at an average overtime P 110 1110 110 110 110 110 110 110 110 110 110 112 1322 rate of $29.50 per hour, focusing on speed, alcohol and occupant protection, A 2. Number of traffic citations & written warnings issued (target is two per hour or one DUarrest P 220 220 220 220 220 220 220 220 220 220 220 220 2640 for four hours). A gggk 3. Hours of overtime PI&E worked. Estimate 24 hours at an average overtime rate of $29.50 per P 2 2 2 2 2 2 2 2 2 2 2 2 24 hour. A N(ldi4. umber of Pl&E activities to incue meda contacts, safety presentations, etc.). P 1 1 1 1 1 1 1 1 1 1 1 1 12 A 5. Conduct a seat belt survey near 'the end of the contract period. P x A P = Projected Activities A= Actual Activities Accomplished (To be completed by Project Dr rector each month.) OHS©-P-2e (12/02) ACTIVITY I MILESTONES Page 8 of 8 Pages CONTRACT TITLE: Federal Fiscal Year: FY 07 PROGRAM AREA OV"JASSO TRAFFIC ENFORCEMENT Project Number: PT-07-03-23-02 POLICE TRAFFIC SERVICES MILESTONES No. ACTIVITIES 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP YTD 6. Support NHTSA's national goals and law fl enforcement mobilizations 'Oocupant protection k P x x 2 and impaired driving campaigns''. 7. Submit a copy of Single Audit Report or Letter of gg Exemption (See General Contractual Provisions, x Page 7, No.22) fl 8. Provide certification of officers trained in SFST and certification/ training in use of OHSO funded P 3 I x equipment (if federally funded equipment is included in contract) . 9. Submit project evaluation summary to OHSO by x November, 2007. P (2007) P = Projected Activities A= Actual Activities Accomplished (To be completed by Project Director each month.) OHSO-P-2e (12/02) GENERAL CONTRACTUAL PROVISIONS -PART 11 e1Cf8 GLOSSARY OF DEFINITIONS This glossary defines terms with meanings which may be unclear inthe context inwhich they are used. These definitions are meant toapply only 0othe usage cf these terms |nthis contract. Agt�� - The smallest unit of work that can be time -framed, quantified, and is critical to the success of a project. Actual - The attained level ofresources and/or accomplishments. The duly authorized representative ofthe State Agency orLocal Subdivision having signatory authority and the responsibility ofexecuting the contract. C._F._R' Code ufFederal Regulations. Contract Review Committee 'An 0HSD internal organization delegated to oonmider, investiQa1e, and take action on proposed contracts, Director - The Director authorized by the Governor's Representative to direct the activities of the Oklahoma Highway Safety Office. Ely Fiscal year which starts October 1 and ends September 30each year. Governor's Rgg[g��� -ArepreyentabveeppointedbythoBovarnorofDk|ahmmetnovemee the activities ofthe Oklahoma Highway Safety Office. grarlIgL - Oklahoma Highway Safety Office. Local Subdivision -An administrative division of local government. Milestone - A level of accomplishment of an activity within a specific period of time. 2bl I�1��-The proposed level ofresources and/or accomplishments. OMB - Office ofManagement and Budget (Fod*na|), DHSD'Oklahoma Highway Safety Office. {lS.' Oklahoma Statute. An OHSO staff member authorized to act as the liaison between the Highway Safety Office and the State Agency or Local Subdivision in all matters pertaining to o contract. A representative of the contractor responsible for directing the activities of the project, {ITD'Quurter-\o-data. Standard Nurnber - A number assigned to one of the highway safety program areas as defined by the Highway Safety Act of 1968. t�_tq!@LAOency,-Anudminiatrmtivedivision ofstate government. Task Number Anumbarassigned bythe DHSOfor internal management. U]S.I�' United States Code. YTO Year-to-date. OHSO-P-2f(1004/2-OO6 APARRIMMIN REGULATIONS AND DIRECTIVES The Contractor, its omsiUneeV4.ouocessur(s)ininterest, suboontructor(n) .aupdi*r(s).cvanyone who ioarecipient of financial assistance through Uhi ntraut shallagree toall applicable nothing here should be interpreted to limit the requirements to comply with regulations and directives not included in this list: 1 Office of Management & Budget Circular A-1 02: Grants and Cooperative Agreements with State and Local Governments (Revised 1O/7/Q4and further amended 08/20/1&A7), 2. Office of Management & Budget Circular A-87: Cost Principles For State, Local, and Indian Tribal Governments (05/102004). 3. Office of Management & Budget Circular A-l1:Contract Costs Principles and Procedures; Cost Principles for Educational Institutions. (Revised O5/102O04) 4. Office ofManagement & Budget Circular A,110. Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations (11/19/1993 and further amended O9/301Q89). 5. Office of Management & Budget Circular A-1 22: Cost Principles for Nonprofit Organizations (05/10/2004). O. Offim* of Management & Budget Circular A,133: Audits of 8tabam. Local Governments, and Non -Profit Organizations (0024/1QB7includes revisions published inFederal Register OO/ 7/2003). 7, Department of Transportation Regulations, 49 CFR Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements 0oState and Local Governments. 8. 49 CFR Pail 19' Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations. Q. Department of Transportation 23 USC, Chapter 4, Highway Safety Act of 1966, as amended. 10� Department ofTransportation 23CFR. Pails 1200. 1205.1205. 1260. 1251 and 125Z.Regulations governing highway safety programs. 11. NHTSA Order 462-6C - Matching Rates for State and Community Highway Safety Programs, 12. Highway Safety Grant Funding Policy for Field -Administered Grants. 13. Executive Order No. 11248.3CFR 10Q(Supp.18O8)."Equal Employment Opportunity" / Department ofLabor Regu|etiono, 41 CFR Part0O. 14. Copeland Act, 1BU.&C.Section 874/Department ofLabor, Regulations, 28CFR Part 1 15. Davis -Bacon Act, 4OU.S.C.Sections 278o0o276a-5(1084)amAmended / Department ofLabor Regulations, %8 CFR Part 5. 18, The Drug -free Workplace Act of1888(48CFR Part 2QSub-part F) 17. Contract Work Hours and Safety Standards Act, 40 U.S.C. Sections 327'330 (1962) / Department of Labor Regulations 2ACFR Part 5. 18. Compliance with Title Vi of the Civil Rights Act of1864and Section 5O4ofthe Rehabilitation Act of1B73. as amended, smimplemented by48CFR Parts 21and 27. Title V|||ofthe Civil Rights Act of1QG8and any other nondiscrimination provisions in the specific statues(s) under which application for Federal assistance is being made; and the requirements of any other nondiochmination statue(s) which may apply to the application. 19. Hatch Act (Political Activit0.5U.O.C.Sections 1501-15O8arid 5CRFPort151 20. BuyAmerica Act, 23 U. S. C. 101 21. lean AirAct of1@55.aaamended, 42U.S.C. Seotiona1857-1857Y. GENERAL CONTRACTUAL PROVISIONS Mr-111119MI15MR1111115W 22. Certification Regarding Federal Lobbying; Certification for Contracts, Grant, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid orwill bepaid, byorunbehalf ofthe undersigned, toany person for influencing mrattempting 0r influence any officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for the influencing or attempting to influence any officer or employee of any agency, a Member of Congress, an officer oremployee ofCongress, o,anemployee ofaMember ofCongress inconnection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) Then undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, sub - grants, and contracts under grant, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is prerequisite for making or entering into this transaction imposed bysection 1352.title 3i.U.S.Code. Any person who fails tofile the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,00 for each such failure. Restriction on State Lobbying; None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g.. ^gnaummots^)lobbying activities, with one exception. This does not preclude eState official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption ofaspecific pending legislative proposal. 23. Oklahoma Travel Reimbursement Act, 74 O.S. 1989. Section 5002 (as supplemented or amended). 24. Oklahoma Central Purchasing Act, 74O.G. (Supp. 1990). Sectionm85.1-85-45K. 25. Compliance with all other acts ofCongress mfthe United States, the Statutes ofthe State mfOklahoma, and the Administrative Policies of the Oklahoma Highway Safety Office. 26. Compliance with all rules and regulations as set forth by the U. S. Department of Transportation, the National Highway Traffic Safety Administration, the Federal Highway Administration, the State of Oklahoma, or the Highway Safety Office. GENERAL CONTRACTUAL PROVISIONS Xyllmil HEQULATUNS/D|RECT|VEGH|GHL|GHTS The following . This is innoway intended boeliminate orrestrict the meaning and/or the content of the aforementioned documents. 1. Incorporation or Provisions The Contractor shall include the provisions of the referenced regulations and directives in every subcontract including procurement otmaterials, leasing nfequipment, and personal services. 2. Nondiscrimination Clause The Contractor, its subcontractor(s), and/or supplier(s) will not discriminate on the grounds of race, age, color, sex, handicap, or national origin, and such provisions will be written into all subcontracts. 3. Noncollusion clause The Contractor, its subcontractor(s), and/or supplier(s) warrents that neither the Contractor nor anyone subject to the Contractor's direction or control has been paid, given or donated or agreed to pay, give or donate to any officer or employee of the State of Oklahoma any money or other thing of value, either directly or indinect|y, in procuring this contract orobtaining payment aaaresult oJthis contract. 4. Information and Reports The Contractor will provide all information and reports, and will permit access to its books, records, accounts and other sources of information, as may be determined by the Highway Safety Office, State Auditor and Inspector, orthe U.0. Department ufTransportation. 5. Noncompliance� of Contractual 1�erms In the event of noncompliance bythe Contractor, its subcontractor(s) and/or supplier(s), the GrantorAgency may impose such nuntnaoi sanctions as it deems eppmphcd* including; withholding of payments, canceUetion, termination or suspension ofthe contract inwhole orinpart, 8. Qonferences_1nsj)_qction of Work Conferences may be held at the request of any party to this contract, A representative of the GrantorAgency and/or of the U.S. Department of Transportation shall be privileged to xiud the site for the purpose of inspection and/or assessment of work being performed at any time as mutually agreed by both parties. 7. Contract Modification Procedure All modifications to this contract must have the prior written approval of OHSO. Anequest for acontract modification may beoriginated byeither the Contractor or{}H8O. Two methods are allowable, depending upon the dollar amount and scope ofthe change. Any modification may bemade bythe Contract Change Order (CCD). Upon approval of the request by the Program Manager; a CCO will be prepared and forwarded to the Contractor for naview, appmvm|, and signature. The signed CCD will be returned to OHSO for final approval and signature by the OHSODiractor. OHSO will provide the Conti -actor with an executed copy of the CCO for incorporation into their copy of the contract. Some modification requests may beapproved hyaletter from OH8D. Determination ofwhether mmodification may be made by letter will be made on a case -by -rase basis; however, as a general rule, as long as the total arriount of the contract imnot affected, the scope of activities to be performed are not materially altered, and any budget revisions do not exceed 10Y6ofthe contract amount; amodification letter will satisfy all OHSDrequirements. B. Travel Mileage and per them rates for persons assigned to this contract, including local vicinity travel, travel to other parts of the State and travel Outside the State, are regulated as provided in the Oklahoma Travel Reimbursement Act. GENERAL CONTRACTUAL PROVISIONS IMMMUREM19JEW REQULATIONS/DIRECTIVES HIGHLIGHTS (cant.) 9. Out -of -State Training A letter of request shall be submitted containing the following information. This letter must be received and approved by OHSO r� for to travel and training. The request shall contain the following: a. Location of training d. All costs (travel, lodging, per diem, fees, etc.) b. Specific dates e. Name and rank of personnel attending c. Training outline 10. Disputes Any dispute, disagreement or question of fact arising underthis contract shall be decided by the Highway Safety Director and written documentation will be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Representative. A decision in writing will be distributed to the parties concerned. If the decision remains unsatisfactory, either party has the right to seek resolution in accordance with the Central Purchasing Act. 11. Repgris A. Before publication or printing, the final draft of any report(s) required under the contract or pertaining to the contract shall be submitted to the Grantor agency for review and concurrence. B. Each publication and/or printed report covered by Paragraph 11-A (above) must include the following statements: (1) This report was prepared for the Highway Safety Office in cooperation with the National Highway Traffic Safety Administration., U. S. Department of Transportation, and/or Federal Highway Administration, U.S. Department of Transportation. (cover page) (2) The conclusions and opinions expressed in these reports are those of the Contractor, and do not necessarily represent those of the Oklahoma Highway Safety Office, the State of Oklahoma, the U.S. Department of Transportation, or any other agency of the State or Federal Government. (cover page) (3) This publication, printed by (name of printing firm) is issued by the Department of Public Safety as authorized by the Commissioner of Public Safety. _ , copies have been prepared and distributed at a cost of Copies have been deposited with the Publications Clearinghouse of the Oklahoma Department of Libraries. (The statement may be placed where it does not distract from the publication and may be in a smaller font.) C. In addition, any statements issued to the news media concerning this contract and the performance of objectives herein under described, must be approved by OHSO prior to release to the abovementioned news media. The Grantor Agency shall have the authority to edit, rewrite and make modifications as necessary for the clarification of information contained in such news releases, and may elect to prohibit issue of any given release. 12. Public Information All contractors and subcontractors are required to comply with the Department of Defense Appropriations Act of 1988, Section 8136 of this law, which states. A contractor or subcontractor when issuing statements, press releases, requests for proposals, bid solicitations, and other documents (prepared for public distribution) describing projects or programs funded in whole or in part with Federal money, all contractors and subcontractors receiving Federal funds, including but riot limited to State and Local Governments, shall clearly state, (1) the percentage of the total cost of the project which will be financed with Federal money, and (2) the dollar amount of Federal funds for the project or program. This disclosure should appear at the bottom of the front cover or page. 13. Cancellation This contract may be canceled by the Grantor Agency if the contractor, its subcontractor(s) and/or its supplier(s) violate any provision of this contract. In such an event, the Grantor Agency shall notify the Contractor of such decision 30 days in advance of the effective date of cancellation. The Contractor shall be paid only for those services satisfactorily performed prior to the effective date of cancellation. GENERAL CONTRACTUAL PROVISIONS REGULATIONS/DIRECTIVES HIGHLIGHTS (cont.} 14. Tax and Compensation Liability Nothing herein contained shall be construed as incurring for the Grantor Agency any liability for Workmen's Compensation, F. I. C. A., Withholding Tax, Unemployment Compensation, or any other payment which is not a part of this contract. 15. Equipment Purchased with Hiahwav Safetv Funds -Ownership of equipment purchased is vested in the Contractor, who must use the property only for the authorized purposes of this contract (49 CFR, Part 18 (Common Rule) ) -Equipment must be entered into, and tracked through, the Contractor's inventory system -Equipment maintenance and liability coverage are the Contractor's responsibility -Contractor shall not remove, transfer, or dispose of the property without prior written approval from OHSO -If equipment is lost or stolen, the OHSO must be notified immediately, in writing, accompanied by a police report. To dispose of ANY equipment, the Contractor MUST: 1. Write a letter of request to OHSO; 2. State how the disposal will occur (auction, transfer, etc.) and/or provide three (3) appraisals; 3. Maintain equipment until Contractor receives letter of approval. 15. Records Retention and Custodial Requirements Financial records, supporting documents, statistical records, and any other records pertinent to this contract shall be retained for a period of three years, from submission of final claim or as specified by the Grantor Agency, and/or the Oklahoma State Auditor and Inspector'. 17. Responsibility for Claims and Liability The contractor shall be required to save and hold harmless, Grantor Agency, State of Oklahoma, National Highway Traffic Safety Administration, Federal Highway Administration, and U.S. Department of Transportation, from all claims and/or liability due to the negligent acts of Contractor or Contractor's subcontractor(s), agents or employee(s) to the extent allowable under Oklahoma State Law. 18. Ownership of Data and Creative Material The Contractor or an employee of the Contractor is free to copyright books, publications, or other copyrightable materials developed from this contract; however, the State and Federal government shall reserve a royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for Governmental purposes. 19. Procurement Procedures The Contractor shall accomplish the maximum amount of subcontracting to small business concerns that is consistent with the efficient performance of this contract, and all transactions shall be conducted in a manner so as to provide maximum open and free competition. All non -state agencies shall submit a copy of their procurement procedures at the beginning of the project. These procedures will be submitted to the Director of the Central Purchasing Division of the Oklahoma Department of Central Services to verify that they meet the minimum requirements of the Central Purchasing Act (therefore, the Common Rule). 20. L)Lo act Monitorir7q 01-ASO Program Managers shall make project on -site visits to provide technical assistance and oversight. Contractor shall provide the latter with access to all project records, equipment, and information upon request, and provide copies of such documents upon request. GENERAL CONTRACTUAL PROVISIONS Uf UlQ REGULATIONS/DIRECTIVES HIGHLIGHTa (cont.1 21. Financial Management Systems The Contractor, its subcontractors, and/or its supplier(s) shall adopt all of the generally accepted accounting practices including, but not limited to, the following: a. Monthly financial claims will identify adequately the source and application of funds for the Grantor Agency in support of contract line item. b. The Contractor shall adequately safeguard all such assets and shall assure they are used solely for authorized purposes, and maintain effective control over and account for all funds, property, and other assets. C. Comparison of financial information with performance or productivity date. d. Accounting records must be supported by source documentation and said documentation must be attached to reimbursement claims. 22. Contract Audit The office of Management and Budget (OMB) Circulars A-133 require all entities who's fiscal year ends (A) on or before December 31, 2003 and receives $300,000 or greater or (B) who's fiscal year ends after December 31, 2003 and receives $500,000 or greater in Federal funds, to have an audit conducted in accordance with Circulars A-133. All entities falling into either category shall have an audit conducted in accordance with the applicable OMB Circular or in accordance with Federal Laws and regulations governing the programs in which they participate. All entities that receive lest than $300,000 in 2003 or less than 500_O00 after December 31, 2003 in a given fiscal year shall be exempt from complying with the requirements prescribed by State or focal law or regulations or IRS requirements. All exempt entities shall provide OHSO a letter stating they are exempt. A-133 is applicable to Audits of States, Local Governments and Non -Profit Or-anizations �3c _of / uLjd t The audit shall be made by an independent auditor or audit firm in accordance with generally accepted Government Auditing Standards covering financial and compliance audits on an organizational -wide basis. Failure to comply could result in imposed sanctions by the Grantor Agency as it deems appropriate including: withholding of payment, cancellation, termination or suspension of the contract in whole or in part. Auditt forts All audits must contain a "Schedule of Federal Financial Assistance" as prescribed by the AICPA and the schedule must address the 0HS0 funds. It is the responsibility of the contractor or subcontractor to submit a copy of the completed Audit Report to OHSO within 30 days after it is received from the auditor unless the Federal Cognizant Audit Agency grants a longer period. 1 r acncy of cantL cLdits shall be annually unless state agencies, local government, Indian Tribe, recipients, subrecipients and/or University, hospital or nonprofit entity have filed a constitutional or statutory requirement for less frequent audits to the Federal Cognizant Audit Agency. All contractors are required by OMB Circular A-133 to keep audit reports on file for three years after the date of the audited period. GENERAL CONTRACTUAL PROVISIONS 1SX&E + REGULATION&DIRECTIVES HIGHUGH S cont. 23. Monthly Project Director's Report and State Claim This report must contain the following: a. Project Director's Report Signature Page - OHSO-P-6. b. Budget Summary Page(s) - OHSO-P2c and Budget Detail page(s) - OHSO-P-2d. C. Activity/Milestone Page(s) - OHSO-P-2e. d. Contractor's statistical support for the contract activities. e. Signed time sheets for contract personnel and copies of payroll forms. f . Copies of contractor's Purchase Orders, Vendor's Invoices, Contractor's Claims to vendor and all other documents pertaining to contract costs. g. The OHSO Inventory Technician will complete an OHSO form #72-B entitled, "Record of Equipment" for each item of equipment purchased. It is the responsibility of the Contractor to see that all records related to the purchase of pa reimbursement claim. Attached records must identify the item of equipment by name, serial number, cost, brand name, model number, manufacturer and where the item will be located. It is possible for OHSO to hold the reimbursement of all claims until after all required information has been received by OI-ISO. 24. Vehicle Insurance Verification F1 condition of approval for the contract is that an individual or business providing contract services which result in the use of automobiles must provide the OHSO, on request, a copy of the appropriate current Insurance Company Coverage Declarations form as proof of meeting the statutory requirements of automobile insurance coverage in Oklahorna, Updated and current insurance declarations will be required to prove continued coverage throughout the life of this contract. 25. {annual Rrt All final claims for reimbursement and a Final summary report of all activities must be received by the OHS0 no later than November 1. Claims received after November 1 may not be eligible for reimbursement. 26. Indirect Costs Sub -grantees who possess a federally negotiated indirect cost rate must provide the OHSO a copy of that documentation for OHSO project files. The federally approved indirect cost rate is the maximurn allowable rate. The federally approved indirect cost rate may or may not be the indirect cost rate agreed to between the sub -grantee and the OHSO. Non -governmental entities utilizing indirect cost as a part of their contract, must do so in accordance with OMB Circular A-122. Contractor shall adopt (if none presently exists) and enforce a safety belt use policy requiring all employees and others riding in contractor vehicles and/or on contractor business to use safety belts in accordance with State law. I Contractor shall verify that any officer working DUI enforcement has received, or is scheduled to receive, training in Standard Field Sobriety Test (SF ST) procedures. Contractor is required by the State of Oklahoma to provide proof of porkers Compensation Insurance. If the contractor is exempt from the porkers Compensation Insurance Statute, a signed 'waiver of liability fora must be submitted. Failure to provide one or the ether will result in a cancellation of the contract award. Regular compensation and/or overtime compensation provided in this grant award will be paid in accordance with established policies and regulations of your entity. Any deviation from the established policies and regulations must be specifically addressed in the written grant award. I Contractor shall verify that any officer using a grant purchased radar or grant purchased video camera has received training in the proper use of the equipment. Contractor shall submit monthly activity and reimbursement reports (including all appropriate documentation) to OHSO. Reports shall be submitted within 30 days of the end of the reporting month. Failure to comply with this 30mday limit may result in denial of the reimbursement claim. Reports should include, at a minimum, the fallowing: 1. Project Director's Report. 2. Budget Summary (include all cumulative year-to-date information). 3. Budget Details (include all cumulative year-to-date information). 4. Activity milestones (include all cumulative year-to-date information). Financial documentation for the current report (time sheets, payroll documents, invoices, purchase orders, and/or other appropriate verification of expenditures). 6. Activity documentation for the current report (include information on all projected activities whether completed or not, and any additional activities that were conducted; an explanation should be provided for any activities not completed). 7, Any additional, pertinent information to the project for the current reporting period. This is a Federally funded project, under Catalog of Federal Domestic Assistance (CFDA) Number 20.600, and as such may be subject to audit under Office of Management and Budget (OMB) or �A 133. Unless other arrangements are made, any required audit is the responsibility of the contractor. Any activities or cost items not specifically addressed in this contract or any revisions to the items I 'which are included in the contract must be approved, in writing, by the OHSO [director or designee before 'they will be considered eligible activities and/car cost items. (For example, any out-of-state travel expenses not specifically identified in one's contract requires prior written permission frorn the OHSO Director or ,designee or the costs will not be reimbursed.) SPECIFIC CONTRACTUAL AGREEMENTS Page 2 of 2 These "Specific Agreement" topics have been provided in an effort to assist agencies contracting with OHSO. This is not in anyway a complete list of all contractor requirements. Any questions and/or 'concerns not addressed here or in other areas of this contract should be directed to the QNS® Program manager assigned responsibility for oversight of this project. The continuation of this project during the contract year is contingent on the availability and receipt of Federal funds. j OKLAHOMA HIGHWAY SAFETY" OFFICE PROJECT DIRECTOR'S REPORT TITLE OF CONTRACT OWASSO TRAFFIC ENFORCEMENT CONTRACT NUMBER REIMBURSEMENT PT-07-03e23-02 Claimed $ REPORTING PERIOD OHSO Amount Disallowed $ USE From To ONLY Total Allowed $ SUMMARY OF ACCOMPLISHMENTS FOR REPORTING PERIOD AFFIDAVIT I, the undersigned, of lawful age, being first duly sworn, on oath, say that I am the duly authorized Project Director of the a`iov� marl lone con raciwr 5e Oklahoma Highway Safety Office; do depose and say that I have full knowledge of this "Proect Director's Report"; j�, ement just and due; that the that said report is, in accordance with the aforementioned contract, true and correct and that the claim for reimbursrs correc is due and unpaid; and that I am duly authorized to file this request for reimbursement of the amount claimed, after allowing all just credits, now wholly aforementioned expenditure o funds. Affiant further states that he/she has fully complied with all Municipal, State and Federal Laws, Regulations and directives governing grants including, but not limited to, those listed in Parts II and III of the aforementioned contract, to the best of his/her knowledge, information and belie?. PROJECT DIRECTOR'S SIGNATURE Clt of Owasso Owasso Police Deoartment ----Owasso L)epartment or Division OHSO The Oklahoma Highway Safety Office herebyy acknowledges receipt and/or satisfactory performance of all necessary goods and/or services USE required under the above mentioned contracf. Documentation of the receipt and/or performance is on file and available at OHSO. ONLY By _ _ Date P.O. # OHSO-P-6 (09/02) TO, HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER PROJECT MANAGEt SUBJECT: THREE LAKES VILLAGE ROADWAY IMPROVEMENTS CONTRACT (REVISED SCOPE) DATE: November 2, 2006 On January 17, 2006, following the completion of engineering and advertisement, the Three Lakes Village Roadway Improvements (which includes removal and replacement of over 5,300 square yards of existing pavement complete with new curb and guttering) was awarded to Austin having, LLC in the amount of $308,869.40. In March 2006, in response to unsuitable soil conditions found during construction, the project was redesigned and a second phase of the work was advertised for public bid. On .Tune 20, 2006, Council awarded a contract for the Three Lakes Village Roadway Improvements Contract II (Revised Scope) to Tri-Star Construction, LLC in the amount of $149,975,75, IIAI�TIT�' A�JLISTI�Eii�TSo The work was awarded as a unit price contract where the quantities presented in the Bid were estimated based on expected conditions and used solely for the purpose of comparison of bids. It was therefore anticipated that a quantity adjustment would be made at final payment to reflect actual quantities provided. Four quantities required more material and one required less than was anticipated. Total underruns occurred in the amount of $13,938.70, The following Table summarizes these changes: Worts Description Units Unit Price tnstalIed Units Over/Under Unclasslfied Excavation-_-_ 1080 $15.00 1252.8 52,592.00 Separator Fabric 2320 $1.50 2691.2 $556.80 Agg Base Type A 25 550.00 28.25 5162.50 Class A Concrete for SM Structures 18 $.500.00 19.8 $900.00 WatcrLineRclocation 44 $1650.00 33 -518,150.00 Total Underrtan -$13,938.70 A final inspection of the work was conducted on October 20, 2006 and no deficiencies were found. Progress payments made to date amount to $88,692.35 and the contractor has Three Lakes Village Roadway Improvements Tri-Star Construction, LLC Acceptance of Work and Final Payment Page 2 of 2 submitted a Final Pay Request (including return of retainage) in the amount of $47,344.70. A Maintenance Bond was submitted as part of the Contract Documents. FUNDING: Adequate funding for this project is included in FY 2006-2007 Budget. RECOMMENDATION: Staff recommends Council acceptance of the Three Lakes Village Roadway Improvements Contract II (Revised Scope) and authorization for final payment to Tri- Star Construction, LLC in the amount of $47,344.70 for a total project cost of $136,037.05. ATTACHMENTS: A. Final Pay Request ATTACHMENT A II APPLICATION AND CERTIFICATE FOR PAYMENT II E .,� TO: (Owner) t �1, v ' � FROM: (Contractor) ` Y .,..c 41 PROJECT:- in;' .17 CONTRACT FOR: Page One of _ Contract Date: ' -1 t Application Date: ,el(,( Period To: I (o / _ fil 1? $nc t,-, Distribution To: Owner Architect Contractor Engineer CONTRACTOR'S APPLICATION FOR PAYMENT .. ... ...... ---A Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. 1. Original Contract Sum 2. Net Change by Change Orders 3 4 I Cad 7 Contract Sum. to Date (Line 1 & 2) Total Completed &,Stored to Date (Column O on. Continuation Sheet) $Q f 4 F:,� Retainage: a._ % of Completed Work (Column D & E on Continuation Sheet) - FINAL --- — b. % of Stored Material $ (Column F on Continuation ,Sheet) Total Retainage (Line 5a & 5b) Total Earned Less Retainage (Line 4 less Line 5 Total) Lcss Previous Certificates for Payrnent --- -- — -- - AGREEMENT_ 0805 00300 - Page 7 of 14 CURRENT PAYMENT D UE 9. Balance to Finish, Plus Retainage (Line 3 less Line 6) CHANGE ORDER SUMMARY: Change Orders approved in previous months by OWNER TOTALS Approved this month Number Date Approved Net Change by Change Orders ADDITIONS DEDUCTIONS $ env $ � tea. The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the WORD covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein Is now due. CONTRACYOR: By: far tf STATE OF &LAHOMA ) SS 4 � Date: COUNTY OF Subscribed and sworn to before nee this day of, ,A � t Notary Public — - - AGREEMENT_ 0805 00300 - Page 8 of 14 ARCHITECT'S / ENGINEERS CERTIFICATE FOR PAYMENT In accordance with the contract documents, based on on -site observations and the date comprising the above application, the Architect/Engineer certifies to the Owner that to the best of the Architect/s/Engineer's knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. AMOUNT CERTIFIED $ , _7 (Attach explanation if amount certified differs from the amount applied for.) ARCHITECT / ENGINEER: h Date: This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment without prejudice to any rights of the Owner or Contractor under this Contract. 0206 00300 - Page 9 of 14 CLAIM OR INVOICE AFFIDAVIT STATE OF OKL,AHOMA ) ":.y' )SS COUNTY OIm The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being first duly sworn, on oath says that this (Invoice, Claim. or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain payment or the award of this contract. w.., Contractor or Sup �fi r i Subscribed and sworn to before me thr today of - - -- - ---- Notary Public Conlillission My Commission Expires:_ IA 'P,` if i Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary public Cornnlisslon # My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. ----------- 0805 00300 - Page I t of 14 CONTINUATION PAGE Page 2 of 2 PROJECT: 0610 APPLICATION #: 5 Three Lakes DATE OF APPLICATION: 10/29/2006 Payment Application containing Contractor's signature is attached. PERIOD THRU. 10/29/2006 PROJECT#s: A B I C D E F G H I COMPLETED WORK STORED TOTAL % BALANCE ITEM # WORK DESCRIPTION SCHEDULED AMOUNT AMOUNT AMOUNT MATERIALS COMPLETED AND COMP. TO RETAINAGE (if Variable) PREVIOUS THIS PERIOD (NOT IN D OR E) STORED (G C) COMPLETION PERIODS (D + E + F) (C-G) 1 Unclassified Excavation $16,200.00 $12,150.00 $6,642-00 $0.00 $18,792.00 116% ($2,592.00) 2 Temp Erosion and Sediment $3,500.00 $3,500-00 $0.00 $0.00 $3,500.00 100% $0.00 3 Separator Fabric $3,480.00 $2,784-00 $1,252.80 $0.00 $4,036-80 116% ($556.80) 4 Agg Base Type A $1,250.00 $1,250.00 $162.50 $0.00 $1,412.50 113% ($162.50) 5 Agg Base No 57 i$325.00 $325.00 $0.00 $0.00 $325.00 100% $0.00 6 Flowable Fill $1,750.00 $0.00 $1,750.00 $0.00 $1,750.00 100% $0.00 7 DGDI and Grates $2,500.00 $2,500.00 $0.00 MOO $2,500.00 100% $0.00 8 18" RCP Class 111 $2,550.00 $2,550.00 $0.00 $0.00 $2,550.00 100% $0.00 9 Cl A Conc For Small Strs $9,000.00 $7,200.00 $2,700.00 $0-00 $9,900.00 110% ($900.00) 10 Reinlorcernent Steel $2,700.00 $2,160.00 $540.00 $0.00 $2,700.00 100% $0.00 11 Water Service Line Relocate $72,600.00 $36,300.00 $18,150.00 $0.00 $54,450.00 75% $18,150.00 12 Removal of Concrete $17,238.75 $12,929.06 $4,309.69 $0.00 $17,238.75 100% $0.00 13 Removal of Driveway S1,932.00 $1,449.00 $483.00 $0.00 $1,932.00 100% $0.00 14 Removal of Obstruction s10,000.00 $8,500.00 $1,500.00 $0.00 $10,000.00 100% $0.00 15 12" PVC Drain Pipe $3,750.00 $3,750.00 $0.00 $0.00 $3,750.00 100% $0.00 16 12" PVC Perf Pipe $1,200.00 $1,200.00 $0.00 $0.00 $1,200.00 100% $0.00 TOTALS $149,975.75 i $98,547.06 $37,489.99 $0.00 $136,037.05 91% $13,938.70 CONTINUATION PAGE FOR PAYMENT APPLICATION QSS, INC. DOCUMENT TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: PROJECT t \TFCP_:.�� DATE® October 27, 2006 BACKGROUND Included in FY 2006-2007 Budget, the Capital Improvements Fund allows for the expenditure of $1,000,000 for the repair and/or resurfacing of residential and non-residential roadways throughout the city. Rehabilitation sites have been evaluated and selected based on a comprehensive assessment of roadway conditions. The selection process was aimed at maximizing a return on the city's investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway driving conditions and public safety. Seeking to further maximize the return on Capital Improvements Fund expenditures, in April 2006, the City of Owasso formally requested assistance from Tulsa County in the completion of several roadway projects. Specifically, the request included the use of County labor and equipment for the paving and/or resurfacing of approximately eight lane -miles (or 6,400 tons of asphalt) of roadway surface. The use of such equipment and labor is anticipated to reduce overlay costs by as much as fifty percent. On June 2006, Tulsa County submitted an Agreement to provide an asphalt overlay for street projects at various locations identified by the selection process (see Attachment A). The provisions of this Agreement include: F4 The City of Owasso shall provide all required materials; Tulsa County shall provide all necessary labor and equipment to complete the projects; and Duration of the Agreement shall be for a period equal to the time necessary to complete the projects, Council approved this Interlocal Agreement during its regular session of July 18, 2006. FY 06-07 CIP Street Repair Project Bid Award Page 2 of 2 In addition to the Interlocal Agreement, Poe Engineering and the Department of Public Works, Engineering Division Staff prepared Contract Documents for the FY 2006-2007 CIP Pavement Repair Program. The scone of this Contract is to provide as necessary pavement repair, including removal, disposal and replacement of existing pavement as well as reprocessing pavement as a base for those projects identified for asphalt overlay as part of the Interlocal Agreement. These documents were completed in September, 2006. Projects associated with this Contract are shown as Attachment B. ANALYSIS OF BIDS A Notice to Bidders was published in the Owasso Reporter on October 5, 2006. Facsimile notifications were sent directly to six (6) local contractors on October 11, 2006. Bids were opened on October 26, 2006 with three (3) local contractors submitting the following bids (base bid and alternates): Beeco Contractors, Inc. (Tulsa) $ 275,080.00 Magnum Construction, Inc. (Broken Arrow) $ 297,723.80 Horizon Construction Co., Inc. (Owasso) $ 304,023.50 A complete tabulation of unit prices and alternates is included as Attachment C. Becco Contractors, Inc. has submitted the apparent lowest responsive and responsible bid in the amount of $275,080,00, Engineer's Estimate of Probable Project Cost was $470,210.00. Poe Engineering, Consulting Engineer for the project, has reviewed the bid tabulation and discovered no omissions or errors in either the extensions or totals. The Engineering Division staff has examined the submitted bid packages for any improper or unbalanced bids and none were discovered. Becco Contractors, Inc. has successfully completed both street rehabilitation and new street construction for the city and was the contractor for the both the Garnett Road and East 96th Street North projects. PROJECT FUNDING: Funding for this repair project, as well as the materials to be used by Tulsa County for the overlay projects throughout the city, is included in the FY 2006-2007 Capital Improvements Fund budget (Line Item 40-300m54210-042) in the arnount of $1,000,000, If awarded, the balance of the $1,000,000 would be utilized to purchase the materials needed to provide, the overlays in order to fulfill the previously approved Interlocal Agreement with Tulsa County. RECOMMENDATION. Staff recommends Council award the FY06-07 CIP Street Repair Program contract to Becco Contractors, Inc. of Tulsa, OIL in the amount of $275,080,00, ATTACHMENTS - A. Tulsa County Project Listing B. CIP Street Repair Project m FY 2006-2007 Map C. Bid Tabulation Owasso Public Works Department 301 West 2 d Street Owasso, OK 74055 918.272.4959 918.272.4996 www.cityofowasso.com Yroject (2006-2007) ATTACHMENT A PIRFILTWO-l'i -11ry L, r- N vv E S ATTACHMENT B 0 2006-2007 REPAIFLOCATIONS XXXX 2006-2007 RECLAIM LOCATION CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION Lff BID TABULATION CITY OF OWASSO, OKLAHOMA FY 2006-2007 PAVEMENT REPAIR PROGRAM AT VARIOUS LOCATIONS 2 Bid Opening: 10/26/06 Engineer's Estimate Becco Contractors, Inc. Magnum Construction, Inc. Horizon Construction Co. Inc. ITE. STREET IO ESTIMATED I P.O. Box 9159 Tulsa, OK 74157 445-26&4 P.O. Box 707 Broken Arrow, OK 74013 251-8667 P.O. Box 690 Owasso, OK 74055 234-6500 NO. NO. ITEM DESCRIPTION _ UNITS QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL BASE BID 1 1 294AS02 JrYPE I PAVEMENT REPAIR BY 28 $150.00 $4,200.00 $100.00 $2,800.00 $92.50 $2,590.00 $109.00 $3,052.00 2 1 294AS03 ITYPE I PAVEMENT REPAIR SY 294 $150.00 $44,100.00 $100.00 $29,400.00 $92.50 $27,195.00 $109.00 $32,046.00 3 294ASO4 TYPE I PAVEMENT REPAIR SY 50 $150.00 $7,500.00 $100.00 $5,000.00 $92.50 $4,625.00 $109.00 $5,450.00 4 294AS05 TYPE !PAVEMENT REPAIR SY 235 $150.00 $35,250.00 $100.00 $23,500.00 $92.50 $21,737.50 §709.00 $25,615.00 5 294AS06 TYPE I PAVEMENT REPAIR SY 124 $150.00 $18,600.00 $100.00 $12,400.00 $92.50 $11,470.00 $109.001 $13,516.00 6 294AS07 TYPE 1 PAVEMENT REPAIR SY 34 $150.00 $5,100.00 $100.00 $3,400.00 S92.50 $3,145.00 $109.00 $3,706.00 7 294AS08 TYPE ! PAVEMENT REPAIR SY 17 $150.00 $2,550.00 $100.00 $1,700.00 $92.50 $1,572.50 $109.00 $1,853.00 8 xxxxxxx PROCESSING EXISTING BASE AND SURFACE (SP 00920) BY 12865 §10.00 $128,610.00 $5.00 $64,305.00 $5.80 $74,593.80 $6.50 $83,596.50 9 xxxxxxx POP LAND CEMENT, TYPE I (SP 00920j TON 250 S200.00 $50,000.00 $120.00 $30,000.00 $175.00 $43,750.00 $113.20 $28,250.00 11 10 xxxxxxx COLD MILLING ASPHALT PAVEMENT (ODOT 417) SY 3500., $5.00 $17,500.00 S3.50 $12,250.00 $3.75 $13,125.00 $5.50 §79,250.00 If 11 xxxxxxx FABRIC REINFORCEMENT (SP 00930) SY 9500 $5.00 $47,500.00 $1.75 1 16,625.00 §3.20 $30,400.00 $1.75 §16,625.00 TOTAL BASE BID$360,910.00 $201,380.00 $234,203.80 $232,959.50 ALT 1 Alt 1 I 294AS09 TYPE I PAVEMENT REPAIR SY 11 $150.001 $100.00 $1,100.00 $85.00 $935.00 $97.00 $1,067.00 TOTAL ALT 3 x1 e5n n0 $1,100.00 5935 00 a 0 ALT2 -� Alt 2 292AS01 TYPE I PAVEMENT REPAIR SY 55 $150.001 $8,250.00 $100.001 $5,500.00 $85.001 $4,675,00 §97.00 $5,335.00 TOTAL ALT 2 $8 250 00 e5 snn nn ao sso uu ALT 3 Alt3j 292AS02 TYPE I PAVEMENT REPAIR SY 87 $750.00 $13,050.00 $100.00 $8,700.00 $85.00 $7,395.00 11 $97.00 $8,439.00 TOTAL ALT 3 4,1R nm nn 1 o I $e 439 00 II ALT 4 AIt4j 292AS03 TYPE I PAVEMENT REPAIR SY 739 $150 00 $20 850 00 ^n100n0 $1 a onn nn c $=7 00 $13 483 00 70TAL ALT 4 S20 850 00 51 z onn nn f --jl� ALT 5 - 1 4 202 CM IV 1E I PAVEMENT REPAIR S you uul[5nu uu $WOao §170000 $85001 $744500 §97 00 $1 649 00 TOTAL ALT5 I $a sso 0o s1 7no 00 ALT 6 AIt 6 292AS05 TYPE PAVEMENT REPAIR SY 31 $150.00 $4,650.00 $100.00 $3,100.00 $85.00 $2,635.00 $97.00 $3,007.00 TOTAL ALT 6 __ _ §4,650.00 §3,100.00 §2,635.00 $3,007.00 ALT 7 All 7 292AS06 TYPE I PAVEMENT REPAIR SY 372 $150 00 S55 800 00 $100 00 $37 200 00 $85 00 $31 620 00 $97 00 $36 084 00 L l' AL A`'' ' -- ALT 8 Alt 8 xxxxxxx 6" BARRIER CURB & GUTTER LF 100' $25.00 $2,500.00 $25.00 $2,500.00 $30.00 $3,000.00 $20.00 $2,000.00 TOTAL ALT 8 $2 500 00Iii 52 5nn nn cx -- TOTAL BASE BID AND ALTERNATES $470 210.00 $275 080 00 $297 723 80 $304 023 50 RECOMMENDED: `7 JOE NURRE, P.E. CITY ENGINEER C'\Dxuments and Settinge\joe nurre\local Settings\T-pornry interne: Filet\OLK16\tBID TA6,1,)SIDTA3 APPROVED: AN STAGG, .E. BLIC WORKS DIRECTOR it n TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM. J.B.ALEXANDER PROJECT MANAGER FINANCIALWUBJECT. INTERSECTION CAPITAL IMPROVEMENTS REQUEST FOR ODOT RESOLUTION NUMBER 2006-24 1 DATE: October 30, 2006 On November 1, 2005, City Council approved Resolution No. 2005-15 amending the priority determination of Capital Improvements projects for funding during the Fiscal Year 2005-2006 to include conceptual design of four roadway intersections. Recommended funding includes $100,000 allocated for engineering services related to the conceptual design of the following intersections (see Attachment A) — North 14511' East Avenue and East 96t1i Street North North Garnett Road and East 106t" Street North — forth Mingo Road and East 961h Street North _-- North 145t1' East Avenue and East 106t" Street North The objective of the work is to facilitate the preparation and submittal of funding applications to the Oklahoma Department of Transportation (ODOT) for the financing of capital improvements. The projects were selected — following the advice of ODOT staff — to increase likelihood of obtaining funding approval. In an effort to prevent the unnecessary expenditure of funds, the scope of work for the engineering services was limited to Conceptual Design, providing onithe infor°mation needed for the com�tetioq_ of funding applications. If approved by ODOT, the City must award additional Engineering Design contracts for the development of bid documents. CONCEPT UAL, DESIGN: The selection. process included the selection of four (4) firms, each to develop one Conceptual Engineering Design Report. The selection of multiple firms was chosen to afford the City the opportunity to develop dependable, long-term professional relationships with. several local engineering consulting firms. Assignments were made as follows: Garver Engineers, LLC E. 96t1i Street North and N. Mingo Road C2A Engineering, Inc. E. 106th Street North and N. 145th East Avenue Dewberry Design Group, Inc. E. 106th Street North and N. Garnett Road Crafton, Tull & Associates, Inc. E. 96th Street North and N. 145th East Avenue Resolution 2006-24 Intersection Capital Improvements Page 2 of 3 Results of the work were presented to Council on October 10, 2006 (see Attachment B). Prioritization of construction for the four selected intersections was made based on service ratings, projected traffic volumes (usage), construction costs and relative location to critical facilities (fire stations, hospitals, etc.). The following Tables summarize the data presented in the Conceptual Design Report: 2016 Average Daily i"ra€fro (vpd) NORTH SOUTH EASE' WEST SERVICE N 145th East Avenue and E 96th Street North 4,510 6,390 8,460 10,900 15,130 C N Garnett Road and E 106th Street North 14,850 13,720 6,200 3,010 18,900 A N Mingo Road and E 96th Street North 7,450 10,600 8,150 2,000 14,100 A N 145th East Avenue and E 106th Street North 3,380 4,320 7,330 9,780 12,400 C Prefinwriary Project Estimate ($ rrsrifion) S Construction Total - N 145th East Avenue and E 96th Street North $0.17 $0.46 $0.36 $1.60 $2.59 N Garnett Road and E 106th Street North $0.13 $0.72 $0A0 $1.33 $2.57 N Mingo Road and E 96th Street North $0.08 $0.06 $0.15 $0.87 $1.15 N 145th East Avenue and E 106th Street North $0.10 $1.14 $0.18 � $0.84 � � $2.26 T tad P: p- cos! Traffic atf c seirvice Points RAN w N 145th East Avenue and E 96th Street North 4 2 C 1 7 , N Garnett Road and E 106th Street North 3 1 A 3 7 1 N Mingo Road and E 96th Street North 1 3 A 4 8 4 N 145th East Avenue and E 106th Street North 2 4 C 2 8 3 Resolution 2006-24 Intersection Capital Improvements Page 3 of 3 Although all recommended improvements merit funding, a ranking system (based on points) was developed to "grade" each intersection project and determine prioritization for construction in the event of limited funding by ODOT. Based on the above computations, staff proposes the construction of improvements in the following sequence: $ million 1. North Garnett Road and East 106th Street forth $ 2.57 2. North 145th East Avenue and East 96th Street Forth $ 2.59 3. North 145th East Avenue and East 106th Street North $ 2.26 4, North Dino Road and East 96th Street North $ 1.15 TOTAL $ 8.57 SOLUTION NO.2006-24. Resolution No. 2006-24 requests assistance from the Department of Transportation to begin the process of design and construction for improvements to the noted intersections (see Attachment Q. Proposed improvements would include the widening and signalization of such intersections — complete with new sidewalks, curb and gutter and drainage improvements. The City Attorney has reviewed this Resolution and found it acceptable, FUNDING SOURCE® Funds for these Intersection Improvement projects will be included in the Capital Improvements Budget following approval by ODOT, prioritization by the Capital Improvements Committee and approval by City Council. RIEiCOMMENDATION: Staff recommends Council approval of Resolution No. 2006-24 requesting the Oklahoma Transportation Commission to consider the selection of these Intersection Improvement Projects as candidates for federal funding. ATTACHMENTS. A. Location Map — Intersection Improvements B. Conceptual Design Work Slides C. Resolution 2006-24 ATTACHMENT A 918.272.4996 Owasso, OK 74055 918.272.4959 ATTACHMENT A CONCEPTUAL DESIGN ATTACHMENT B CITY OFOWASSO� PUBLIC WORKS DEPARTMENT 301 WEST 2ND AVENUE 918-272-4959 IF) 918-272-4996 INTERSECTION IMPROVEMENTS OCTOBER 2006 7 `f obstacles 2005-2006 GIP Flan... On November 1, 2005, in City Council approved ,standing Resolution 2005 15 amending the prioritythe wav of determination of Capital Improvements projects PCOPle for funding ✓'-.'tom 3r during the . Fiscal Year 2005-2006 to celcbrating include conceptual design of four roadway _ their fives. intersections. Resolution 2005--15... Recommended funding includes 5100,000 for Conceptual Design of the following intersections, North 145th East Avenue and Easi 96th Street Nor North Garnett Road and East 106th Street North North Mingo Road and East 961h Street North North 1451h East Avenue and East 1061h Street North Service... ........................................ . _....... _............................ _.._................................. "':... ::; 2058 Av^racle Ca Iy Trafi c (vl��'i It NORTH SOUTH --.— EAST WEST SERVICE '97ASJh E,as€Q...... and I�'$I!kEt�L`lI_'..n 4.510 66,390 II, 460 10,900 15,130 C N Ge 0E7toM& E .................................. . .. . . 1C`-011i5@�..... li 14,850 73.720 6200 3,010 18,900 A 3•A'S71i aRMd4 _d E 96!h �il'CELWi4 7,450 10,60o 8,150 2,000 14,100 A ��li1AS.1��k$3�i�u4ue and ...:. _.............................:.. E9116Hi�iieeE;Neith 3.360 4,320 7,330 9,780 52,400 C Estimated project cast.. E 106th Street North i E 96th Street North E 1061h Street North 1 E 96th Street Forth S- S1.0 S2.0 TOTAL coat $8.5 million $3,0 1. Estimated project cost... ...................................... . .F ��..: Sn ...,_ .. _r.na E Ro.°, „��� �n,�r _: rrrz, ....N=3da*th.EesFRvenueand E eytM1PrE.1,3'tNptik S0.17 SO46 S036 S1.60 $2.59 .................. _.................. ...................................... z51rva1Ho'rlh $013 ................................ . 5072 $040 $133 $2.57 N,k9irg... .. R.. E96ih Sit891:1q S0.08 S0.06 S015 S087 $1.15 N iSSkii.E'WAWun. and E i M.VIRWt 50.10 S1.74 $0.18 50.84 $2.26 S le— $d 47 S2.37 S1.09 SIa4 S8.57 recommendations.. . Prioritization... North Garnett Road r _ and East 106th Street North -.. North 145th Easl Avenue and East 96th Street North North 14"h Easl Avenue and East 106th Street Nefih North Mingo Road and Easl 961h Street wh Schedule CITY OF OWASSO ;1 PUBLIC WORKS DEPARTMENT 301 WEST 2ND AVENUE - 918-272-4959 s3 _ (F) 918-272-4996 ' INTERSECTION IMPROVEMENTS OCTOBER 2006 "� `� ATTACHMENT C RESOLUTION FEDERAL -AID TRANSPORTATION PROGRAM PROJECTD AREA (STP-UR) O. INTERSECTION Be it remembered that on the day of November 7, 2006 at a regular meeting of the City Council of the City of Owasso, Tulsa County, the following resolution was presented, read and adopted: WHEREAS, Surface Transportation Program funds for urbanized areas have been made available for transportation improvements within approved Urban Areas, and WHEREAS, The City of Owasso has selected four candidate projects described as follows and listed in descending order of priority: _ $ million 5. North Garnett Road and East 106th Street North $ 2 57 6. North 145th East Avenue and East 96th Street North $ 2.59 7. North 145th East Avenue and East 106th Street North $ 2 26 S. North Mingo Road and East 96th Street North $ 1.15 WHEREAS, It is understood by the City that the Department may impose a maximum of $750,000 in federal funds for any individual project, and will require the Local Agency to provide a minimum of 25% of the construction costs, and WHEREAS, the engineer's estimate of costs exceeds such set amount of $750,000 (see above), and Federal participation under the terns of the Transportation Equity Act of the 21" Century (TEA-2I) relating to Surface Transportation Program Urbanized Area funds is hereby requested for funding of 80% of the project cost but not to exceed $750,000. Construction Estimates for each intersection are as follows: WHEREAS, the City of Owasso proposes to use sales tax revenues as the source(s) of funds for the balance of the project costs, and WHERE, AS, the City of Owasso will arrange for a qualified engineer to furnish engineering services in the preparation of detailed plans, specifications and estimates, if the City's project is selected, and WHEREAS, the City of Owasso agrees to provide for satisfactory maintenance after completion, to finnish the necessary right -of way; and be responsible for all necessary utility relocations, and WHEREAS, the City of Owasso agrees, as a condition to receiving any Federal financial assistance from the Department of Transportation, that it will comply with Title VI of the Civil Rights Act of 1964,78 Stat. 252,42, U.S.C. 2000d et seq., and all requirements imposed by or pursuant to 'Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination of Federally -Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964", and WHEREAS, the City of Owasso agrees to become jointly responsible, with the Oklahoma Department of Transportation and the contractor as co -applicants, for meeting all Environmental Protection Agency (EPA) requirements for storm water runoff from this project. Further, if required, the City of Owasso agrees to file jointly, with the Department and the contractor, the general National Pollutant Discharge Elimination System (NPDES) permit with the EPA which authorizes the stoma water discharges associated with activity from the construction site identified in this resolution, and WHEREAS, the City of Owasso further agrees to deposit with the Oklahoma Department of Transportation the matching funds required ninety (90) days prior- to the contract letting date, and WHEREAS, the City of Owasso further understands that acceptance of this resolution by the Department is not a commitment to federal funding, but only registers the City's interest and intent in participating in the program application process. NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that the Oklahoma Transportation Commission is hereby requested to consider the selection of these projects as candidates for federal funding. DATED this 7`h day of i loyember, 2006 Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: F " ', 1= GENERAL COUVSEL City staff was contacted on September 27, 2006 by Dick ilelde, an attorney with the Minneapolis, Minnesota firm of Dorsey, Whitney, L.L.P., regarding revenue bond financing for the YMCA. Proceeds from the $17,500,000 bond project will be used to finance renovation projects for the YMCA facilities in Tulsa, Broken Arrow, and Owasso. Specifically, funds allocated to the Owasso project will be used for the construction and furnishing of an approximately 4,000 square foot addition to the recently opened facility, and for refinancing of interim bank indebtedness originally incurred for the construction of the new facility. The bonds will be issued by the Tulsa Industrial Authority and underwritten by Wells Fargo. Bonds must be issued by an authority or public trust for optimum tax benefits, and the Tulsa Industrial Authority historically has served as the vehicle for YMCA revenue bond financing. In addition, all of the facilities earmarked for renovation projects are located in or around Tulsa and the proposed bond issuance refinances a portion of debt previously issued by the Tulsa Industrial Authority for past YMCA Projects, thus TIA is the logical choice to be the issuer of these bonds. Federal law governing 501(c)(3) corporations, such as the YMCA, requires that each city that has facility included in the renovation project consent to the issuance of the revenue bonds. Such assent is required to be documented by the enactment of resolutions by the individual cities and their Public Trust Authorities. The proposed Interlocal Agreement to be signed by all participating cities and the Tulsa Industrial Authority pz°wides the bonds shall not constitute an indebtedness of the City the OPWA and that neither enter shall have liability for the bonds. This proposal has been reviewed by the City" s bond counsel, Allan Brooks of Fagin, Brown, Bush, "Pinney & Kiser, to ensure that the City is not financially responsible for the proposed bonds, and Mr. Brooks has assured staff that neither the City nor the OPWA will have liability or financial obligation for these bonds. November 3, 2006 Page 2 of 2 RECOMMENDATION The staff recommends Council approval of the resolution No. 2006-25, authorizing issuance of the revenue bonds and further authorizing the Mayor to execute all necessary documents relating to the Interlocal .Agreement (included in the November 7, 2006 ®PWA agenda packet). ATTACHMENTS: 1. resolution No. 2006-25 i�- aff WHEREAS, The Owasso Public Works Authority (the "Authority") was created by a Declaration of Trust, dated January 10, 1973, (as amended, the "Trust Declaration"), for the use and benefit of the City of Owasso, Oklahoma, under authority of and pursuant to the provisions of Title 60, Oklahoma Statutes, 176 et seq. (the "Act") and other applicable statutes of the State of Oklahoma; and WHEREAS, The Young Men's Christian Association of Greater Tulsa, Tulsa County, Oklahoma, an Oklahoma not -for -profit corporation (the "Borrower"), has proposed that the Tulsa Industrial Authority (the "Issuer"), pursuant to an Interlocal and Allocation Agreement to be entered into with the Authority (the "Interlocal Agreement"), issue its Variable Rate Demand Obligations (YMCA of Greater Tulsa Project), Series 2006, in an amount not to exceed $17,500,000 (herein, the "Series 2006 Obligations"), to provide for the refunding of the outstanding Variable Rate Demand Obligations (YMCA of Greater Tulsa Project), Series 1999, issued in the original aggregate principal amount of $6,000,000 by the Issuer (the "Prior Bonds"), and to provide financing and refinancing for various facilities located both within and without the corporate limits of Tulsa, Oklahoma (all collectively referred to as the "Projects" or the "Project"), including the construction of an approximately 4,000 square foot addition to and the refinancing of interim bank indebtedness originally incurred for the acquisition and construction of a recently opened YMCA facility (the "Owasso Project"), located at 8300 Owasso Expressway in the City of Owasso (the "City") the Owasso Project to be owned and operated by the Borrower. NOW, THEREFORE, E IT RESOLVED BY THE CITY OF OWASSO, OICLAHOMA. Section 1. The incurring of indebtedness by the Issuer in the aggregate principal amount of not to exceed $17,500,000, to be evidenced by the Series 2006 Obligations, is hereby approved, The Series 2006 Obligations do not constitute a liability, indebtedness or obligation, general or special, of the City, and neither the faith and credit, the taxing power nor any assets of the City are pledged to the payment of the principal of, premium, if any, or interest on the Series 2006 Obligations, Section 2. For all purposes of Section 147(o of the Internal Revenue Code of 1986, as amended (the "Code"), the City, as the applicable elected representative of the Authority, within the meaning of Section 147(o of the Code, hereby approves the issuance of the Series 2006 Obligations by the Issuer to provide financing for, among other things, the Owasso Project, Notwithstanding the foregoing, however, the adoption of this resolution shall not be deemed to establish any obligation on the part of the City to cause the issuance of the Series 2006 Obligations. The Series 2006 Obligations, if issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City. ADOPTED by the Council as an emergency measure this day of November, 2006. ATTEST: Sherry Bishop, City Clerk Stephen Cataudella, Mayor NJ RECEIVED by the Mayor of the City of Owasso, Oklahoma, this _____ day of November, 2006 at o'clock m . Steve Cataudella, Mayor ICJ APPROVED by the Mayor of the City of Owasso, Oklahoma, this ______ day of November, 2006 at m. Mayor, City of Owasso (Seal) FRI911 City Manager, City of Owasso APPROVED: City Attorney 3 4833-9584-6145\2