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2013.10.01_City Council Agenda
PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL RECEIVED �/'� TYPE OF MEETING: Regular SEP �• `I 1413 v DATE: October 1, 2013 S office TIME: 6:30 p.m. City C18CK PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Cerk and posted at City Haq t 6:00 p.m. on Friday, September 27, 2013. / Juliann M. Stevens, Deputy City Clerk AGENDA 1. Call to Order Mayor Doug Bonebrake 2. Invocation Reverend Bob Lawrence of OpenTable United Church of Christ 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Patience Michele Dempster, Character Council Member 6. Presentation of Mayor's Proclamation Mayor Bonebrake Attachment #6 The Mayor will present a proclamation declaring October 6 - 12, 2013 to be Fire Prevention Week in the City of Owasso. 7. Consideration and appropriate action relating to a request for 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 September 17, 2013 Regular Meeting Attachment #7A B. Approval of Claims Attachment #7B C. Staff recommends acceptance of Senior Suites infrastructure improvements located at 10098 N 123rd F Avenue including sidewalk and concrete driveway approaches Attachment #7C Owasso City Council October 1, 2013 Page 2 8. Consideration and appropriate action relating to items removed from the Consent Agenda 9. Consideration and appropriate action relating to Resolution No. 2013 -17 authorizing Mutual Aid and Assistance Agreement(s) for Fire and Emergency Medical Services with other communities or agencies Chris Garrett Attachment #9 Staff recommends approval of Resolution No. 2013 -17, 10. Consideration and appropriate action relating to the 2014 Oklahoma Highway Safety Grant and a budget amendment in the General Fund Tracy Townsend Attachment If 10 Staff recommends acceptance of the grant, authorization for the City Manager to execute the contract with the Oklahoma Highway Safety Office for management of the grant, and approval of a budget amendment increasing estimated revenues and the appropriation for expenditures by $66,000. 11. Consideration and appropriate action relating to the Silver Creek Homeowner's Association's request for assistance with a dry detention facility Roger Stevens Attachment # 11 Staff recommends award of the Silver Creek Dry Detention Pond Improvements to Tri -Star Construction in the amount of $24,000. 12. Consideration and appropriate action relating to an agreement for engineering services for miscellaneous stormwater review and erosion control Dwayne Henderson Attachment # 12 Staff recommends approval of an agreement with Meshek & Associates, Incorporated in an amount not to exceed $65,000 and authorization for the Mayor to execute the agreement. 13. Consideration and appropriate action relating to an agreement for engineering services for a Transportation Master Plan Dwayne Henderson Attachment # 13 Staff recommends approval of an Agreement for Engineering Services with Guernsey Engineering in the amount of $197,900 and authorization for the Mayor to execute the agreement. Owasso City Council October 1, 2013 Page 3 14. Consideration and appropriate action relating to an agreement for economic development services with Retail Attractions Chelsea Levo Attachment #14 Staff recommends approval of a one -year contract with Retail Attractions for $48,000 and authorization for the Interim City Manager to execute the contract. 15. Consideration and appropriate action relating to Resolution No. 2013 -16, designating Warren Lehr as the settlement representative for mediation in the litigation matter styled Larissa Darnaby v. City of Owasso, and additionally granting full, final and complete settlement authority in this litigation matter to Warren Lehr, Interim City Manager Julie Lombardi Attachment # 15 Staff recommends approval of Resolution No. 2013 -16. 16. Report from City Manager 17. Report from City Attorney 18. Report from City Councilors 19. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 20. Adjournment The City of Owasso WHEREAS, the City of Owasso is committed to ensuring the safety and security of all those living in and visiting our City; and WHEREAS, fire is a serious public safety, concern both locally and nationally, and homes are the locations where people= are at greatest risk front fire; and WHEREAS, home fires killed more than 2,500 people in the United States in 2011, and fire departments in the United States responded to more than 3 70,000 home fires,- and WHEREAS, cooking equipment is the leading cause of home structure fires and associated injuries, and the third leading cause of home fire death; and WHEREAS, heating and electrical equipment and smoking materials are among the leading causes of all reported home fires and rhome - candle fires are reported to a US fire department every 45 minutes, on average; and WHEREAS, working smoke alavnts cut the risk of death in reported home fires in half and automatic fire sprinkler systems cut the risk of flying in a home by fire by about 82 %; and WHEREAS, residents who lutve planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the 2013 Fire Prevention 'Week theme, "Preterit Kitchen Fires.' Get Cookin' With Fire Safety!" effectively serves to remind us all of the simple actions we can take to stay safer from fire year- roatnd. NOW, THEREFORE, I, DOUG BONEBRAKE, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim the wueek of October 6, 2013 through October 12, 2013 to be in the City of Owasso, and do further urge all citizens to heed the important safety messages of Fire Prevention Week 2013 and support the many public safety activities and efforts of Owasso s fire and emergency services. IN WITNESS THEREOF, 1 have hereunto set my hand and caused the seal- of the City of Owasso to be affixed this 1Y' day of October, 2013. Doug Bonebrake, Mayor OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, September 17, 2013 The Owasso City Council met in regular session on Tuesday, September 17, 2013 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 p.m. on Friday, September 13, 2013. ITEM 1 CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:30 p.m. ITEM 2 INVOCATION The invocation was offered by Pastor Chuck Horton of First United Methodist Church ITEM 3 FLAG SALUTE Councilor Ross led the flag salute ITEM 4 ROLL CALL PRESENT Doug Bonebrake, Mayor Charlie Brown, Councilor Jeri Moberly, Councilor Patrick Ross, Councilor A quorum was declared present STAFF Warren Lehr, Interim City Manager Julie Lombardi, City Attorney ITEM 5 RECOGNITION OF VOLUNTEER SERVICE ABSENT Chris Kelley, Vice Mayor Mayor Bonebrake recognized Urban Soul Xtreme Youth of Owasso First Assembly. Jerry Fowler presented a character certificate of benevolence. ITEM 6 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY 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 September 3, 2013 Regular Meeting and the September 10, 2013 Work Session B. Approval of Claims C. Receipt of the Monthly Budget Status Report D. Approval of Ordinance No. 1024 Nunc Pro Tunc, correcting the legal description for Ordinance No. 1024 which approved the annexation of Mingo Road Owasso City Council September 17, 2013 Page 2 E. Authorization for the City Manager to execute the Purchase of Service Agreement continuing transportation services with Grand Gateway Economic Development Association (Pelivan Transit) in the amount of $51,000 through September 30, 2014 F. Renewal of the Youth Court contract with Youth Services of Tulsa, Incorporated in the amount of $49,500 for 2013 -2014, and authorization for the City Manager to execute the contract G. Acceptance of Infrastructure including Street, Sanitary Sewer, and Stormwater Drainage Systems at Lake Valley V (Phase 1) H. Acceptance of Willis Farms Water Infrastructure (Offsite) from E 9611, St North and N 129h E Avenue to E 96th St North and N Garnett Road Mr. Brown requested item B be removed for separate consideration. Mr. Brown moved, seconded by Ms. Moberly to approve items A, C, D, E, F, G, and H of the consent agenda. YEA: Ross, Brown, Moberly, Bonebrake NAY: None Motion carried 4 -0 ITEM 7 CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA After discussion, Mr. Brown moved, seconded by Mr. Ross to approve item B with claims totaling $229,154,74. Also included for review were the self - insurance claims report and the payroll payment report, for 9/7/13. YEA: Moberly, Brown, Ross, Bonebrake NAY: None Motion carried 4 -0 ITEM 8 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A DONATION FROM SERTOMA CLUB AND A BUDGET AMENDMENT IN THE GENERAL FUND Scott Chambless presented the item recommending approval of a budget amendment in the General Fund increasing estimated revenues and the appropriation for expenditures in the amount of $3,000 in the Police Department. After discussion, Mr. Brown moved, seconded by Ms. Moberly to approve the budget amendment, as recommended. YEA: Ross, Moberly, Brown, Bonebrake NAY: None Motion carried 4 -0 Owasso City Council September 17, 2013 Page 3 ITEM 9 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A BUDGET AMENDMENT FOR FY 2013 CARRYOVER PROJECTS Linda Jones presented the item recommending approval of the following FY 2014 budget amendments: Increase the appropriation for expenditures in the General Fund by $441,364, and increase the estimated revenues by $125,508; Increase the appropriation for expenditures in the Ambulance Capital Fund by $258,449; Increase the appropriation for expenditures in the Stormwater Fund by $246,085. After discussion, Ms. Moberly moved, seconded by Mr. Ross to approve the budget amendment, as recommended. YEA: Moberly, Ross, Brown, Bonebrake NAY: None Motion carried 4 -0 ITEM 10 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A BUDGET AMENDMENT IN THE GENERALFUND Linda Jones presented the item recommending approval of a budget amendment in the General Fund increasing the appropriation for expenditures in the fire department by $23,000 for payment to the Oklahoma Firefighters Pension and Retirement System. After discussion, Mr. Brown moved, seconded by Ms. Moberly to approve the budget amendment, as recommended. YEA: Moberly, Brown, Ross, Bonebrake NAY: None Motion carried 4 -0 ITEM 11 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), AUTHORIZING A CONTRACT AND APPROVING A BUDGET AMENDMENT IN THE CDBG FUND Karl Fritschen presented the item recommending execution of a contract and approval of a budget amendment increasing estimated revenues and the appropriation for expenditures in the CDBG fund by $15,849. After discussion, Mr. Ross moved, seconded by Mr. Brown to approve the budget amendment, as recommended. YEA: Ross, Brown, Moberly, Bonebrake NAY: None Motion carried 4 -0 Owasso City Council September 17, 2013 Page 4 ITEM 12 CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION NO. 2013 -15 AUTHORIZING AN APPLICATION FOR FUNDING THROUGH THE ODOT SURFACE TRANSPORTATION PROGRAM (STP) Dwayne Henderson presented the item recommending approval of Resolution No. 2013 -15 requesting the Oklahoma Department of Transportation (ODOT) to consider the construction phase of the North Garnett Road Improvements from E 961h St N to E 106Th St N as a candidate for federal funding assistance through the STP. After discussion, Mr. Brown moved, seconded by Ms. Moberly to approve Resolution No. 2013 -15, as recommended. YEA: Moberly, Brown, Ross, Bonebrake NAY: None Motion carried 4 -0 ITEM 13 CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN INTER - LOCAL. AGREEMENT WITH TULSA COUNTY FOR THE ANNUAL STREET REHABILITATION PROGRAM Earl Farris presented the item recommending approval of an Inter -local Agreement with Tulsa County for paving assistance and authorization for the Mayor to execute the Agreement, as recommended. After discussion, Ms. Moberly moved, seconded by Mr. Ross to approve an Inter -local Agreement with Tulsa County. YEA: Brown, Moberly, Ross, Bonebrake NAY: None Motion carried 4 -0 ITEM 14 REPORT FROM CITY MANAGER No Report ITEM 15 REPORT FROM CITY ATTORNEY Julie Lombardi provided information regarding an inverse condemnation filed against the City of Owasso by the First Presbyterian Church in relation to the N. 12911, East Avenue Widening Project. Ms. Lombardi further advised that she is reviewing the method in which legal updates are provided to the City Council, ITEM 16 REPORT FROM CITY COUNCILORS Mayor Bonebrake invited Jerry Fowler to comment on the Owasso Cares event that will take place Saturday, September 21, 2013. Mr. Fowler gave a brief report. Owasso City Council September 17, 2013 Page 5 Councilor Ross stated his attorney prepared a letter referencing Councilor Moberly's previous request for an open record and that such letter will be presented to Julie Lombardi. In addition, Councilor Ross inquired about a billing item listed on the invoice provided by Attorney Guy Fortney, more specifically a discussion between Mr. Fortney and Councilor Moberly. Councilor Moberly responded to Councilor Ross' inquiry. ITEM 17 NEW BUSINESS No report ITEM 18 ADJOURNMENT Mr. Brown moved, seconded by Mr. Ross to adjourn. Motion carried 4 -0 and the meeting was adjourned at 7:26 p.m. Doug Bonebrake, Mayor Lisa Wilson, Minute Clerk Claims List 10/1/2013 Budget Unit Title Vendor Name Payable Description PaymentAmount MUNICIPAL COURT YOUTH SERVICES OF TULSA YOUTH SERVICES 3,750.00 YOUTH SERVICES OF TULSA YOUTH SERVICES 3,750.00 TOTAL MUNICIPAL COURT 7,500.00 MANAGERIAL JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 30.40 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 1.02 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 1.10 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 3.99 OKLAHOMA ASSOCIATION OF MUNICIPAL LEGAL DUES 350.00 RICH & CARTMILL NOTARY BOND /L.WILSON 30.00 JPMORGAN CHASE BANK OAMA - CONFERENCE 75.00 JPMORGAN CHASE BANK MTG EXPENSE WORKSESSION 61.43 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 54.72 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 10.16 TOTAL MANAGERIAL 617.84 FINANCE SAV -ON PRINTING & SIGNS LL C BUSINESS CARDS /ARNOUX 30.00 JPMORGAN CHASE BANK GFOA- WEBINAR 135.00 INTEGRITY CLIENT SERVICES., LLC ACTUARIAL STUDY 3,750.00 TOTAL FINANCE 3,915.00 HUMAN RESOURCES JPMORGAN CHASE BANK POSITIVE PROM- BIOMETRIC 11920 TOTAL HUMAN RESOURCES 119.20 HR - CHARACTER INITIATIVE A N Z SIGNS & SHIRTS, INC CHARACTER BANNERS 463.00 TOTAL HR- CHARACTER INITIATIVE 463.00 CHARACTER SCHOOLS JPMORGAN CHASE BANK CHARACTER INITIATIVE 3,702.50 TOTAL CHARACTER SCHOOLS 3,702.50 GENERAL GOVERNMENT JPMORGAN CHASE BANK OMECORP -INK CARTRIDGE 157.25 JPMORGAN CHASE BANK MAILFINANCE -LEASE 1140.00 AT &T LONG DISTANCE LONG DISTANCE SERVICE 213.83 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 54.98 TULSA COFFEE SERVICE INC COFFEE SUPPLIES 61.85 XEROX CORPORATION COPIER SERVICE & SUPPLIES 1,089.04 RICOH USA, INC. COPIER SERVICE & SUPPLIES 86.20 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES 4,939.30 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 49.37 CINTAS CORPORATION CARPET /MAT CLEANING 55.24 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES 4,939.30 MAILROOM FINANCE INC 1POSTAGE 1,000.00 Page 1 Claims List 10/1/2013 Budget Unit Title Vendor Name Payable Description PaymentAmount GENERAL GOVERNMENT.. AEP /PSO ELECTRIC USE 4,843.93 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 27.49 MCAFEE & TAFT LEGAL FEES - DENTON 1,233.84 MCAFEE & TAFT LEGAL FEES -YOUNT 135.60 MCAFEE & TAFT LEGAL FEES - PALES 1,825.36 THOMAS A. CIPOLLA, P.C. ARBITRATION - FOP 1,320.57 TOTAL GENERAL GOVERNMENT 23,173.15 COMMUNITY DEVELOPMENT JOHNNY -WAYNE MCKNIGHT CODE ENFORCEMENT TREE /BRU 250.00 JOHNNY -WAYNE MCKNIGHT CODE ENFORCEMENT MOWING 150.00 JOHNNY -WAYNE MCKNIGHT CODE ENFORCEMENT MOWING 150.00 JOHNNY -WAYNE MCKNIGHT CODE ENFORCEMENT MOWING 150.00 FRED STEPHEN CORLEY CODE ENFORCEMENT MOWING 150.00 FRED STEPHEN CORLEY CODE ENFORCEMENT MOWING 150.00 KENNETH LIVINGSTON CODE ENFORCEMENT ABATEMEN 100.00 KENNETH LIVINGSTON CODE ENFORCEMENT MOWING 150.00 JPMORGAN CHASE BANK APA-CONFERENCE 1 150.00 TOTAL COMMUNITY DEVELOPMENT 1,400.00 ENGINEERING JPMORGAN CHASE BANK MAXWELL- MARKING PAINT 74.64 UNITED STATES CELLULAR CORPORATION CELL BILL 62.58 UNIFIRST HOLDINGS LP UNIFORM RENTAL 21.36 UNIFIRST HOLDINGS LP UNIFORM RENTAL 21.36 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 6.29 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 54.98 JPMORGAN CHASE BANK OFFICE DEPOT - CHAIRS 430.98 TOTAL ENGINEERING 672.19 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK LOWES -CAT5E NETWORK CABLE 179.00 USA MOBILITY WIRELESS, INC PAGER USE 8.86 TOTAL INFORMATION TECHNOLOGY 187.86 SUPPORT SERVICES JPMORGAN CHASE BANK SAV ON- NAMEPLATES 10.00 FALCON AUDIO VIDEO, INC SOUND EQUIP FOR RECORDING 916.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 17.27 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 17.27 COPY WORLD BUSINESS SOLUTIONS, LLC QTRLY CHGS COPIER MAIM 110.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 5.18 JPMORGAN CHASE BANK (OWES- CAUTION TAPE 12.76 JPMORGAN CHASE BANK LOCKE -PARTS 1.34 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 3.86 SPRINT SPRINT CARDS 79.98 JPMORGAN CHASE BANK LOWES- LIGHTBULBS 54.00 Page 2 Claims List 1011!2013 Budget Unit Title Vendor Name Payable Description Payment Amount SUPPORT SERVICES... JPMORGAN CHASE BANK LOCKE -PARTS 16.17 JPMORGAN CHASE BANK SCHINDLER- CONTRACT FEES 880.23 JPMORGAN CHASE BANK PAM DISTRIB -CAMERA CABLE 31.18 JPMORGAN CHASE BANK LOWES-AC FILTERS 44.35 JPMORGAN CHASE BANK LOWES -DRAIN COVERS 77.29 JPMORGAN CHASE BANK COX -OC INTERNET 69.95 JPMORGAN CHASE BANK LOWES- VACUUM 188.00 JPMORGAN CHASE BANK RADIOSHACK- CAMERA PARTS 4.49 JPMORGAN CHASE BANK LOWES-BUG SPRAY 12.98 TOTAL SUPPORT SERVICES 2,552.30 CEMETERY AEP IPSO JELECTRIC USE 36.88 TOTAL CEMETERY 36.88 POLICE SERVICES AEP IPSO ELECTRIC USE 2,945.69 AT &T LONG DISTANCE LONG DISTANCE SERVICE 213.83 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 79.37 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 8198 JPMORGAN CHASE BANK FRED PRYOR- PROOFREADING 149.00 JPMORGAN CHASE BANK CLAN LAB - REFUND CREDIT - 900.00 JPMORGAN CHASE BANK USPS- SUPPLIES 0.35 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 58.96 JPMORGAN CHASE BANK LODGING EXPENSE- MITCHELL 261.63 JPMORGAN CHASE BANK DRY CLEANING ST- CLEANING 12.47 JPMORGAN CHASE BANK AT YOUR SERVICE - RESTROOM 80.32 JPMORGAN CHASE BANK .SPECIAL OPS -RADIO HOLDERS 69.00 JPMORGAN CHASE BANK SIRCHIE- SUPPLIES 86.00 JPMORGAN CHASE BANK WALGREENS -PHOTO PROCESS 2.69 LENOX WRECKER SERVICE INC TOWINGIDAVID L MOSS 135.00 JPMORGAN CHASE BANK THOMSON -CLEAR ACCESS 168.30 USA MOBILITY WIRELESS, INC 1PAGER USE 1 35.44 TOTAL POLICE SERVICES 3,482.03 POLICE COMMUNICATIONS JPMORGAN CHASE BANK SGR -RED FLAG TRAINING 19.95 DEPARTMENT OF PUBLIC SAFETY SEPT OLETS USER FEE 450.00 LANGUAGE LINE SERVICES AUG LANGUAGE LINE FEES 66.84 JPMORGAN CHASE BANK FRED PRYOR- PROOFREADING 149.00 AEPlPSO ELECTRIC USE 161.56 TOTAL POLICE COMMUNICATIONS 847.35 ANIMAL CONTROL AEP IPSO ELECTRIC USE 275.71 AT &T LONG DISTANCE LONG DISTANCE SERVICE 18.70 JPMORGAN CHASE BANK JG UNIFORMS - UNIFORMS 133.15 Page 3 Claims List 10/1/2013 Budget Unit Title Vendor Name Payable Description PaymentAmount ANIMAL CONTROL... JPMORGAN CHASE BANK SEW IT- UNIFORM TAILORING 20.00 JPMORGAN CHASE BANK HILLS -AN CONTROL SUPPLIES 139.90 JPMORGAN CHASE BANK MEDVET -AC SURG SUPPLIES 105.56 JPMORGAN CHASE BANK FAMILY ANIMAL- SUPPLIES 13.90 JPMORGAN CHASE BANK HALLOWEEN CITY- SUPPLIES 51.62 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 21.18 TOTAL ANIMAL CONTROL 779J2 FIRE SERVICES JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 7.79 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 7.04 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 9.10 JPMORGAN CHASE BANK HAZMAT LODGING EXPENSE 178.00 JPMORGAN CHASE BANK HAZMAT LODGING EXPENSE 178.00 JPMORGAN CHASE BANK HAZMAT LODGING EXPENSE 178.00 JPMORGAN CHASE BANK LUNCH FOR REMODELING CREW 34.65 JOHN D. HORTON VEHICLE MAINTENANCE 420.00 JPMORGAN CHASE BANK ACADEMY- UNIFORM SHOES 99.99 JPMORGAN CHASE BANK ACADEMY - UNIFORM SHOES 99.99 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 7.05 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 9.53 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 5.42 JPMORGAN CHASE BANK IMAGENET- COPIER CONTRACT 360.72 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 7.70 JPMORGAN CHASE BANK DRYDALE- UNIFORM ITEMS 127.96 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 5.42 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 8.57'. JPMORGAN CHASE BANK DICKS- UNIFORM SHOES 119.99'. JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 9.45 "'. JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 9.98''. JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 15.58'.. JPMORGAN CHASE BANK OSU- TRAINING EXPENSE 345.00 JPMORGAN CHASE BANK WALGREENS -FRAME 3.99 JPMORGAN CHASE BANK LOWES -GLUE 4.99 JPMORGAN CHASE BANK SPORTS AUTH - SUPPLIES 36.75 JPMORGAN CHASE BANK WALMART- VACUUM ST #2 86.98 JPMORGAN CHASE BANK LOWES - DAYROOM CARPET 904.36 JPMORGAN CHASE BANK OVERHEAD DOOR-DOOR REPAIR 3,975.00 JPMORGAN CHASE BANK ZOLL DATA-SOFTWARE MAINT 6,286.00 JPMORGAN CHASE BANK ACCURATE FIRE- REPAIRS 165.00 JPMORGAN CHASE BANK HOBBY LOBBY -FRAME 5.99 JPMORGAN CHASE BANK LUNCH FOR REMODELING CREW 92.00 JPMORGAN CHASE BANK OWASSO TAILOR- TAILORING 110.00 JPMORGAN CHASE BANK HAZMAT LODGING EXPENSE 178.00 JPMORGAN CHASE BANK JHAZMAT LODGING EXPENSE 178.00 =. 1 Claims List 107`rrz1zK3 Budget Unit Title Vendor Name Payable Description Payment Amount FIRE SERVICES... JPMORGAN CHASE BANK HAZMAT LODGING EXPENSE 178.00 JPMORGAN CHASE BANK LOWES- SUPPLIES 46.80 JPMORGAN CHASE BANK LOWES -AIR FILTERS 32.46 JPMORGAN CHASE BANK KNOX -KNOX BOX HARDWARE 581.00 JPMORGAN CHASE BANK KEN KOOL- REPAIR AC MOTOR 424.05 JPMORGAN CHASE BANK GALLS - FOOTWEAR 145.48 JPMORGAN CHASE BANK LOWES- SUPPLIES 36.26 JPMORGAN CHASE BANK LOWES- CLEANING SUPPLIES 104.74 AT &T MOBILITY WIRELESS SERVICE 47.77 JPMORGAN CHASE BANK EASTBAY- UNIFORM SHOES 127.98 JPMORGAN CHASE BANK LOWES -ICE MACH REPAIR 16.71 JPMORGAN CHASE BANK LOWES -PARTS 2.86 JPMORGAN CHASE BANK EXCELLANCE -AIC CONDENSOR 712.05 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 4.35 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 12.67 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 6.03 JPMORGAN CHASE BANK CONRAD FIRE -VEH PARTS 15.39 JPMORGAN CHASE BANK CONRAD FIRE -VEH PARTS 720.90 JPMORGAN CHASE BANK CONRAD FIRE -VEH PARTS 61.59 JPMORGAN CHASE BANK CONRAD FIRE -VEH PARTS 83.68 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 5.80. JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 11.38 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 13.36 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 6.80 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 15.77 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 20.59 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 28.72 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 20.29 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 14.76 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 21.47 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 12.28 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 19.48 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 8.44 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 8.67 JPMORGAN CHASE BANK LOCKE SUPPLY-SUPPLIES 51.43 JPMORGAN CHASE BANK LOCKE SUPPLY-SUPPLIES 16.98 JPMORGAN CHASE BANK LOCKE SUPPLY-SUPPLIES 12.52 JPMORGAN CHASE BANK HAZMATTRAINING EXPENSE 12.05 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 12.46 JPMORGAN CHASE BANK HAZMAT TRAINING EXPENSE 15.09 AT &T LONG DISTANCE LONG DISTANCE SERVICE 58.01 AEP IPSO ELECTRIC USE 3,620.09 JPMORGAN CHASE BANK OK POLICE SPLY -NAME PLATE 23.90 JPMORGAN CHASE BANK DRYSDALES-UNI FORM 95.97 Page 5 Claims List 10/1/2013 Budget Unit Title Vendor Name 777F77777Payabie Description jPayment Amount TOTAL FIRE SERVICES 21,759.07 EMERGENCY PREPAREDNES AEP /PSO ELECTRIC USE 110.53 AT &T LONG DISTANCE LONG DISTANCE SERVICE 9.86 TOTAL EMERGENCY PREPAREDNESS 120.39 STREETS SPRINT SPRINTCARDS 39.99 AEP /PSO ELECTRIC USE 1,440.62 JPMORGAN CHASE BANK MAXWELL- SUPPLIES 19.31 JPMORGAN CHASE BANK OWASSO BATTERY- BATTERY 100.60 UNIFIRST HOLDINGS LP UNIFORM RENTAL 36.03 UNIFIRST HOLDINGS LP UNIFORM RENTAL 37.98 BURTON PROPERTY COMPANY SURVEY - 129 E AVE 2,800.00 JPMORGAN CHASE BANK TRANSCO - SAFETY GLOVES 21.40 JPMORGAN CHASE BANK TRANSCO -PPE 10.70 ROADSAFE TRAFFIC SYSTEMS, INC FY 2012 -2013 PAVEMENT STR 7,647.70 USA MOBILITY WIRELESS, INC IPAGER USE 117.28 TOTAL STREETS 12,271.61 GF SIDEWALK PROJECT IMAC CONSTRUCTION INC. FY 2013 CDBG SIDEWALK PRO 27,575.00 TOTAL GF SIDEWALK PROJECT 27,575.00 STORMWATER JPMORGAN CHASE BANK LOWES-MISC KEYS 167 JPMORGAN CHASE BANK LOWES- LOPPERS 29.98 JPMORGAN CHASE BANK TRANSCO -PPE 10.70 JPMORGAN CHASE BANK LOWES -KEYS 7.48 JPMORGAN CHASE BANK EQUIPMENT ONE - RENTAL 31.00 JPMORGAN CHASE BANK EQUIPMENT ONE - RENTAL 31.00 JPMORGAN CHASE BANK BROWN FARMS-SOD 160.00 JPMORGAN CHASE BANK EQUIP ONE-SAFETY GLASSES 8.00 JPMORGAN CHASE BANK TRANSCO- SAFETY GLOVES 21.40 JPMORGAN CHASE BANK MILL CREEK- FORMING LUMBER 15.72 JPMORGAN CHASE BANK OREILLY -MOWER OIL 15.96 L & B DIRT PIT DIRT FOR DRESS UPS 50.00 L & B DIRT PIT DIRT FOR DRESS UPS 50.00 TWIN CITIES READY MIX, INC CONCRETE 500.00 TWIN CITIES READY MIX, INC CONCRETE 400.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 27.13 UNIFIRST HOLDINGS LP UNIFORM RENTAL 27.13 JPMORGAN CHASE BANK P &K EQUIP- TRIMMER REPAIR 259,32 JPMORGAN CHASE BANK LOWES- PAINTIBRUSHES 72.42 JPMORGAN CHASE BANK P &K EQUIP- TRIMMER LINE 119.98 JPMORGAN CHASE BANK jP&K EQUIP - TRIMMER HEADS 29.97 Claims List 10/1/2013 Budget Unit Title Vendor Name Payable Description Payment Amount STORMWATER... JPMORGAN CHASE BANK HOME DEPOT - SHOVELS 19.94 JPMORGAN CHASE BANK HOME DEPOT -HOSE 169.00 JPMORGAN CHASE BANK GELLCO - SAFETY BOOTS 107.99 SPRINT SPRINT CARDS 133.30 USA MOBILITY WIRELESS, INC PAGER USE 53.45 TOTAL STORMWATER 2,367.70 PARKS JPMORGAN CHASE BANK ATWOODS -PARTS 42.44 JPMORGAN CHASE BANK ATWOODS -PARTS 30.98 AEP /PSO ELECTRIC USE 1,048.60 JPMORGAN CHASE BANK LOWES - REPAIR SUPPLIES 5.47 JPMORGAN CHASE BANK P &K EQUIP - CONTROL HANDLE 81.74. JPMORGAN CHASE BANK HD SUPPLY - METERS 1,538.82 JPMORGAN CHASE BANK HD SUPPLY -METER CANS 357.90 JPMORGAN CHASE BANK ATWOODS - REPAIR SUPPLIES 29.97 JPMORGAN CHASE BANK P &K EQUIP -WEED CONTROL 119.50 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 8.69 AT &T LONG DISTANCE LONG DISTANCE SERVICE 61.28 ADT SECURITY SERVICES INC ALARM SERVICE 63.07 UNIFIRST HOLDINGS LP UNIFORM RENTAL 8.95 WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE AT MCCARTY 294.80 P & K EQUIPMENT, INC WEEDEATER PARTS /LABOR 58.00 JPMORGAN CHASE BANK P &K EQUIP - WEEDEATER PART 0.51 TOTAL PARKS 3,750.72 COMMUNITY CENTER JPMORGAN CHASE BANK WALMART -TRASH CONTAINER 39.97 JPMORGAN CHASE BANK WALMART - REPLACEMENT FANS 76.97 JPMORGAN CHASE BANK DOLLAR GENERAL- HOLDERS 10.24 JPMORGAN CHASE BANK DOLLAR GENERAL- SUPPLIES 26.00 JPMORGAN CHASE BANK WALMART- SUPPLIES 92.30 JPMORGAN CHASE BANK TUCKER - SUPPLIES 290.20 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 134.87 AEP /PSO ELECTRIC USE 1,611.75 AT &T LONG DISTANCE ILONG DISTANCE SERVICE 30.58 TOTAL COMMUNITY CENTER 2,312.88 HISTORICAL MUSEUM AEP /PSO ELECTRIC USE 190.25 AT &T LONG DISTANCE LONG DISTANCE SERVICE 9.27 JPMORGAN CHASE BANK MILLCREEK- CARPET DEPOSIT 8,250.00 TOTAL HISTORICAL MUSEUM 8,449.52 ECONOMIC DEV JPMORGAN CHASE BANK WALL ST JOURNAL- RENEWAL 122.50 Page 7 Claims List 10(112013 Budget Unit Title Vendor Name Payable Description IPaymentAmount TOTAL ECONOMIC DEV 122.50 FUND GRAND TOTAL 128,178.41 AMBULANCE SERVICE AMERICAN MUNICIPAL SERVICES CORP. 10OLLECTION SERVICES 1 131.37 TOTAL AMBULANCE SERVICE 131.37 AMBULANCE JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 108.04 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 1,288.49 JPMORGAN CHASE BANK VIDACARE- SUPPLIES 1,047.84 JPMORGAN CHASE BANK ZOLL DATA - SOFTWARE MAINT 8,500.00 MEDICLAIMS INC BILLING SERVICES 9,902.71 JPMORGAN CHASE BANK ZOLL MEDICAL-SUPPLIES 727.50 JPMORGAN CHASE BANK PSI-SUPPLIES 356.28 JPMORGAN CHASE BANK PSI- SUPPLIES 46.90 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 1,011.40 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 29.61 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 381.31 JPMORGAN CHASE BANK FULLERTON -MED SUPPLIES 22.80 JPMORGAN CHASE BANK MERCURY MED - SUPPLIES 438.25 JPMORGAN CHASE BANK I BOUND TREE- CREDIT -48.60 TOTAL AMBULANCE 23,812.53 FUND GRAND TOTAL 23,943.9 E911 COMMUNICATIONS JPMORGAN CHASE BANK TOTAL RADIO -MO CONTRACT 285.00 AT &T IINCOG-E911 E911 MAPPING FEE - SEPT 355.35 E911 ADMIN SVC FEES 7,536.69 TOTAL E911 COMMUNICATIONS 817704 FUND GRAND TOTAL 8,177.0 STRONG NEIGHBORHOODS CLASSIC CHEVROLET, INC. 2014 CHEVROLET 1500 DOUBL 23,595.50 JPMORGAN CHASE BANK WALMART- SUPPLIES 106.36 JPMORGAN CHASE BANK ADMIRAL EXP -TONER 56.80 JPMORGAN CHASE BANK LOWES - SUPPLIES 35.64 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 355.80 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 29.98 JPMORGAN CHASE BANK OWASSO CARES MTG EXPENSE 36.50 JPMORGAN CHASE BANK USPS- POSTAGE EXPENSE 124.80 JPMORGAN CHASE BANK OFFICE DEPOT - MAILING SEAL 17.58 JPMORGAN CHASE BANK HOBBY LOBBY -FRAME 19.99 Page 8 Claims Mist 10/1/2013 Budget Unit Title Vendor Name Payable Description IPaymentAmount STRONG NEIGHBORHOODS.. JPMORGAN CHASE BANK GRAINGER- SAFETY VESTS 1 259.00 TOTAL STRONG NEIGHBORHOODS 24,637.95 FUND GRAND TOTAL 24,637.9 STORMWATER - STORMWATE AEP IPSO ELECTRIC USE 237.74 TOTAL STORMWATER- STORMWATER 237.74 3 LAKES DRAINAGE CHANNE TRI -STAR CONSTRUCTION, LLC ITHREE LAKES CHANNEL REPAI 141,152.27 TOTAL 3 LAKES DRAINAGE CHANNEL 141,152.27 FUND GRAND TOTAL 141,390.01 AMBULANCE CAPITAL FD FRONTIER INTERNATIONAL TRUCKS, INC NEW AMBULANCE CHASSIS 66,819.75 TOTAL AMBULANCE CAPITAL FD 66,819.75 FUND GRAND TOTAL 66,819.7 PUBLIC SAFETY - POLICE IKEITH HIBBERT TICKET PRINTER & CRADLE 448.77 TOTAL PUBLIC SAFETY - POLICE 448.77 FUND GRAND TOTAL 448.7 CDBG GRANT - CDBG 12 MAC CONSTRUCTION INC. FY 2013 CDBG SIDEWALK PRO 10.590.30 TOTAL CDBG GRANT - CDBG 12 10,590.30 FUND GRAND TOTAL 10,590.3 CITY GARAGE JPMORGAN CHASE BANK WELDON -LED LIGHTS 189.48 JPMORGAN CHASE BANK SPEEDTECH - LIGHTBARS 1,649.90 JPMORGAN CHASE BANK OREILLY- SUPPLIES 57.71 JPMORGAN CHASE BANK OREILLY -PARTS RESALE 1,241.98 JPMORGAN CHASE BANK B &M OIL -PARTS RESALE 766.70 JPMORGAN CHASE BANK BUMPER TO BUMPER - RETURN -56.92 JPMORGAN CHASE BANK BOB MOORE -PARTS RESALE 411.20 JPMORGAN CHASE BANK FASTENAL- HARDWARE 2.88 JPMORGAN CHASE BANK FASTENAL- HARDWARE 7.51 JPMORGAN CHASE BANK FASTENAL- HARDWARE 8.21 JPMORGAN CHASE BANK B &M CUSTOM - EXHAUST REP 278.90 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 268.21 JPMORGAN CHASE BANK 1UNITED FORD -PARTS RESALE 648.62 Page 9 Claims List 10/1/2013 Budget Unit Title Vendor Name Payable Description Payment Amount CITY GARAGE... JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 441.87 JPMORGAN CHASE BANK TW TIRE -PARTS RESALE 2,365.85 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 267.17 AT &T MOBILITY WIRELESS SERVICE 55.63 AEP IPSO ELECTRIC USE 41521 AT &T LONG DISTANCE LONG DISTANCE SERVICE 33.68 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 2.57 JPMORGAN CHASE BANK BUMPER TO BUMPER - SUPPLIES 79.58 JPMORGAN CHASE BANK LOWES- HARDWARE 2.76 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 31.71 UNIFIRST HOLDINGS LP JUNIFORM RENTAL FEES 1 3131 TOTAL CITY GARAGE 9,202.12 FUND GRAND TOTAL 9,202.1 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 323.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 252.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 323.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 323.00 CITY OF OWASSO IMPRESTACCOUNT WORKERS COMP CLAIMS PAYME 323.00 TOTAL WORKERS' COMP SELF -INS 2,122.00 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 672.95 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 3,024.71 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 366.98 CITY OF OWASSO IMPRESTACCOUNT WORKERS COMP CLAIM PAYMEN 1,041.04 CITY OF OWASSO IMPRESTACCOUNT WORKERS COMP CLAIMS PAYME 1,514.94 CITY OF OWASSO IMPRESTACCOUNT WORKERS COMP CLAIMS PAYME 366.98 TOTAL WORKERS' COMP SELF -INS 6,987.60 FUND GRAND TOTAL 9,109.6 GEN LIAB -PROP SELF INS AT &T TORT CLAIM 3,260.73 WOOD, PUHL & WOOD, P.L.L.0 LEGAL- WILLIAMS V. OWASSO 8,161.09 WOOD, PUHL & WOOD, P.LLC LEGAL - HUNTLEY 3,903.50 TOTAL GEN LIAB -PROP SELF INS 15,325.32 FUND GRAND TOTAL 15,325.3 Page 10 Claims List 10/1/2013 Budget Unit Title I Vendor Name Payable Description jPayment Amount CITY GRAND TOTAL $437,823.17', Page 11 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 1011/13 VENDOR AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 44,627.55 45,729.32 67,922.48 24,556.08 182,835.43 3,633.70 3,575.25 7,208.95 190,044.38 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 09/21/13 Department Payroll Expenses Total Expenses Municipal Court 4,648.80 6,667.16 Managerial 16,27222 22,767.68 Finance 13,365.26 20,815.67 Human Resources 7,336.86 11,949.57 Community Development 11,893.98 18,054.73 Engineering 17,196.18 24,990.92 Information Systems 10,013.08 15,159.68 Support Services 7,324.35 10,980.34 Police 100,335.73 158,968.84 Central Dispatch 16,194.78 27,665.65 Animal Control 2,455.65 3,901.55 Fire 99,217.73 146,504.23 Fire -Safer Grant 11,678.41 17,785.96 Fire - Firefighters Training Grant Emergency Preparedness 1,487.23 2,119.49 Streets 5,995.61 10,088.66 Stormwater /ROW Maint. 6,206.44 10,028.77 Park Maintenance 9,198.27 13,743.54 Community - Senior Center 2,306.00 3,404.75 Historical Museum 492.80 553.32 Economic Development 3,126.92 4,076.66 General Fund Total 346,746.30 530,227.17 Garage Fund Total 4,223.59 7,186.34 Ambulance Fund Total 26,678.06 39,497.44 Emergency 911 Fund Total Stormwater Fund 27 Total Worker's Compensation Total 966.24 1,149.04 Strong Neighborhoods 2,765.31 4,175.21 The Cit Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Infrastructure including Sidewalk and Approaches at Senior Suites DATE: September 27, 2013 BACKGROUND: The subject residential development is located at 10098 N 123rd E Avenue. The public infrastructure includes 40 feet of sidewalk (including 4 handicap ramps), and two concrete driveway approaches. FINAL INSPECTIONS: Final inspections for all infrastructure components were completed in September 2013 by the Public Works Department and all requirements and standards have been met. In addition, the construction contractor and design engineer have supplied the necessary two -year maintenance bonds and required as -built drawings. RECOMMENDATION: Staff recommends acceptance of Senior Suites infrastructure improvements including sidewalk and concrete driveway approaches. ATTACHMENTS: A. Location Map B. City Attorney bond approval letter & copy of bonds Owasso Medical Campus Medical Office BLDG Owasso Medical Park Bailey Ranch Estates II Owasso Market Owasso Market II Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: GR251 I7 KNOW ALL MEN BY THESE PRESENTS, That we . Mae Construction Inc as Principal (Developer and Contractor), and Granite Re Iot as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Thirty Four Thousand Dollars ($34,000.00ko which payment will and truly to lie 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 TWO YEAR aver final approval of the Drive ways to serve Owasso Senior Suites a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma,, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period; NOW, THEREPORI , THE CONDI "PION 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 delectivc materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED• August 1, 2013.- Mae Construction Inc Princ1 at AY: c �^ !/ Surety t 8�1:�� %f,Z t', r'' Attorney -in -Fact �— Robbie Loyd Attach Power of Attorney GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint; TRAVIS E. BROWN; CINDY M. REYNOLDS; BOB RICHARDSON; STEPHEN M. POLEMAN; VAUGHN GRAHAM; J. KELLY DEER; RICH HAVERFIELD; JAMIE BURRIS; ROBBIE LOYD; ANN HOPKINS; VAUGHN GRAHAM, JR; DEBORAH L. RAPER; MARK D. NOWELL; KYLE BRADFORD; KENT BRADFORD; SUSANNE CUSIMANO its true and lawful Attorney- in- Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said; TRAVIS E. BROWN; CINDY M. REYNOLDS; BOB RICHARDSON; STEPHEN M. POLEMAN; VAUGHN GRAHAM; J. KELLY DEER; RICH HAVERFIELD; JAMIE BURRIS; ROBBIE LOYD; ANN HOPKINS; VAUGHN GRAHAM, JR; DEBORAH L. RAPER; MARK D. NOWELL; KYLE BRADFORD; KENT BRADFORD; SUSANNE CUSIMANO may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this S" day of March, 2013. Kenneth D. Whittingron, President STATE OF OKLAHOMA ) SS: Kam, z %�I////G✓ COUNTY OF OKLAHOMA ) Kyle/P. McDonald, Treasurer On this 5 "' day of March, 2013, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation, that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. 4, Commission Expires: Au August B, 2013 Commission #: 01013257 Nota y Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Reasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the Icily 15, 1967, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in- fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS W7k FOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 1 dayof' ,T. t -_- 204 Kyle P!McDonald, Secretaryti "reasurer ct;aaoo -1 Farris, Earl From: Lombardi, Julie Sent: Tuesday, September 17, 2013 2:66 PM To: Farris, Earl Cc: Hancock, Brandon Subject: RE: Message from "RNP00267332COCF" Mr. Farris, I apologize for the delay; I have been out of the office with an ill family member. I have reviewed the maintenance bond for the drive ways at the Owasso Senior Suites at your request. The Attorney -in -Fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $$1,534,000 underwriting limitation. Therefore, the bond is approved. Julie Lombardi - - - -- original Message---- - From: Farris, Earl Sent: Monday, September 09, 2013 12 :11 PM To: Lombardi, Julie Cc: Hancock, Brandon Subject: FW: Message from "RNP00267332COCF" Ms. Lombardi, I was wondering if you have had a chance to review the bond for Senior Suites. Earl Farris - - - -- Original Message---- - From: Farris, Earl Sent: Tuesday, August 27, 2013 8:49 AM To: Lombardi, Julie Cc: Hancock, Brandon Subject: FW: Message from "RNP00267332COCF" Ms. Lombardi, Please review and add any comments. Thank you. Earl Farris - - - -- Original Message---- - From: nublicworks@cityofowasso. coin . mail�to :.publicworksrcityofowasso.coml Sent: Tuesday, August 27, 2013 7:06 AM To: Farris, Earl Subject: Message from "RNP00267332COCF" This E -mail was sent from "RNP00267332COCF" (C9155). Scan Date: 08.27.2013 08 :06:28 ( -0400) 1 The Cit Wit a. Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: David Hurst Deputy Fire Chief SUBJECT: Mutual Aid Agreements DATE: September 27, 2013 BACKGROUND: The possibility of fires, disasters and call volume that overwhelm the local emergency response resources must always be considered by administrators of emergency services. All jurisdictions rely, to some extent, on mutual aid from surrounding areas to provide resources on an emergency basis. Most fire and emergency medical service (EMS) departments have rendered mutual assistance to other departments in times of need. Mutual aid agreements do not reduce the responsibility of each jurisdiction to maintain adequate resources to handle normal emergency situations. A mutual aid agreement is a formal relationship in which the reciprocity of services is made available between both parties, when necessary to mitigate an emergency that has exceeded the capability of jurisdictional resources. Typically, within a mutual aid agreement emergency resources are shared between jurisdictions without the exchange of funds for services rendered, since both agencies at some time within the agreement's performance period will reciprocate emergency services. Although, there are no current formal mutual aid agreements in place with the City of Owasso, mutual aid is received and given between the City of Owasso Fire Department and area fire and EMS agencies. AGREEMENT REVIEW: Staff has reviewed several mutual aid agreements. The attached agreement contains wording of a typical mutual aid agreement, without cost to the agency requesting assistance and without a direct cost to patients of EMS services. The requested jurisdiction may seek comparable reimbursement if the requesting jurisdiction receives county, state and /or federal aid or resources for the requested response of assistance. Emergency Medical Service (EMS) pursuant to a request for mutual aid, the responding jurisdiction shall not bill the patient treated or the party responsible for the patient being treated over and above what is recovered from insurance or third -party payment mechanisms. RESOLUTION Resolution No. 2013 -17 would authorize the City Manager to execute mutual aid agreement) for fire and emergency medical services with other communities and /or agencies. RECOMMENDATION: Staff recommends City Council approval of Resolution No. 2013 -17 authorizing the City Manager to enter into Mutual Aid and Assistance Agreements for fire and emergency medical services with other communities and /or agencies. ATTACHMENT: A. Resolution No. 2013 -17 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2013 -17 A RESOLUTION OF THE CITY COUNCIL OF OWASSO, OKLAHOMA AUTHORIZING MUTUAL AID AND ASSISTANCE AGREEMENT(S) FOR FIRE AND EMERGENCY MEDICAL, SERVICES WITH OTHER COMMUNITIES AND /OR AGENCIES. WHEREAS, the Oklahoma Statute Section 11 -14, et. seq., provides that public agencies may enter into agreements for joint operation or cooperative action; and WHEREAS, Part 13, Section 13 -220 of the Charter of the City of Owasso authorizes the City to enter into agreements with various public agencies; and WHEREAS, the Owasso Fire Department further recognizes the need to establish partnerships for mutual aid and emergency assistance from other communities and or agencies to provide the community the fire and medical services needed to maintain the highest level of care and quality of services; WHEREAS, the City Council of the City of Owasso has determined that such agreements are in the best interest of the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT: The City Manager shall have the authority to establish and enter into the Mutual Aid and Assistance Agreement (Exhibit A) between the Owasso Fire Department and other communities /agencies. APPROVED AND ADOPTED this Is' day of October, 2013 by the City Council of the City of Owasso, Oklahoma. Doug Bonebrake, Mayor ATTEST Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Trout Lombardi, City Attorney MUTUAL AID AND ASSISTANCE AGREEMENT This Mutual Aid and Assistance Agreement is entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation organized and existing under the laws of the State of Oklahoma, "First Party" hereinafter, a nd the City /town of , a municipal corporation organized and existing under the laws of the State of Oklahoma, "Second Party" hereinafter. WHEREAS, 74 O.S. 1008 and 11 O.S. § 29 -105 authorizes this Agreement and each municipality is securing the benefits of mutual aid in the protection of life and property from fire, and in the firefighting, and emergency medical services /ambulance services ("EMS "). NOW, THEREFORE, the parties agree to the following provisions: TERM: 1.) This Mutual Assistance Agreement shall be effective on the _ day of 2013, and shall terminate on June 30, 201_, unless mutually extended and renewed by both parties. 2.) On request to an authorized representative of the First Party's Fire Department ( "FD ") by an authorized representative of the Second Party's FD, fire- fighting equipment and personnel of the First Party's FD, and /or an ambulance for the provision of EMS, will, if available, be dispatched to any location, as designated by the representatives of the Second Party's FD, within the area for which the Second Party normally provides fire protection and /or EMS. 3.) On request to an authorized representative of the Second Party's Fire Department ( "FD ") by an authorized representative of the First Party's FD, fire- fighting equipment and personnel of the Second Party's FD, and /or an ambulance for the provision of EMS, will, if available, be dispatched to any location, as designated by the representatives of the First Party's FD, within the area for which the First Party normally provides fire protection and /or EMS. 4,) Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following conditions: A. Any request for aid hereunder shall include a statement of the amount and type of equipment and personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be determined by a representative of the responding FD. B. The responding FD shall report to the officer in charge of the requesting FD at the location to which the equipment and personnel were dispatched, and shall be subject to the orders of that officer in charge. In the event a request is made to respond to a location where the requesting FD is not present when the responding FD arrives at the scene, then the responding FD shall be in charge of the fire scene and shall take any steps necessary to fight the fire, or provide EMS. C. A responding FD shall be released by the requesting FD when the services of the responding FD are no longer needed at the scene of the fire, as determined by the authorized representative of the requesting FD. D. If the mutual aid request is for EMS, the responding party will, if an ambulance is available, dispatch an ambulance to the location that the requesting party designates, within the requesting party's service area, either licensed or by contract. E. Each party waives all claims against the other party for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this Mutual Aid Agreement. F. All equipment used by each FD, will, at the time of action hereunder, be owned by each party's FD; and all personnel acting for each party under this Agreement at the time of such action be an employee or volunteer member of their respective FD. BILLING PROCEDURES: The responding FD will not bill the requesting party for responding to any fires, emergencies or disasters unless county, state and /or federal aid or resources are received by the requesting party. If county, state and /or federal aid or resources are received by the requesting party, the responding FD may receive comparable reimbursement as if it were a component of the FD of the requesting and affected party. When providing EMS pursuant to a request for mutual aid, the responding party shall not bill the patient treated or party responsible for the patient (parent, guardian, etc.) over and above what is recovered from any insurance or third -party payment mechanism, including, but not limited to, homeowner's insurance, vehicle insurance, Medicare, Medicaid or other governmental reimbursement or insurance program, so long as the patient treated or party responsible for the patient is a paying subscription member, whether by paying annual dues or payment by ambulance fee on a utility bill, to the requesting party. The responding party shall be entitled to bill any third -party insurers or government programs for services rendered as set forth above. TERMINATION: This Agreement may be terminated at any time by either party with or without cause upon tendering in writing, notice of such termination thirty (30) days prior to the effective date of such termination. NO THIRD PARTY BENEFICIARIES: It is not the intent of the parties to this agreement to create any rights in any third parties. AUTHORIZED REPRESENTATIVES: The Chief of the Fire Department of each entity to this Agreement shall be an authorized representative of such Department and may designate subordinates in his Department as he determines necessary to act as an authorized representative in his absence. Each Fire Chief shall provide his counterpart with a list of authorized representatives together with contact information. NOT ASSIGNABLE: This Agreement is not assignable without the written consent of both parties hereto. EXECUTION OF AGREEMENT: This Agreement shall be executed in duplicate, each copy of which shall be an original. Copies of the fully executed Agreement shall be valid as an original. EFFECTIVE DATE: This Agreement shall be effective upon the execution of both parties hereto. AMENDMENTS: This Agreement may be amended only by a written instrument executed by both parties hereto. CAPTIONS: The captions, titles and headings contained herein are for convenience of reference only and shall not control the interpretation of any provision hereof. 3 INTERPRETATION: When any word in this Agreement is used in the singular sense, it shall include the plural, and the plural, the singular, except where a contrary intention plainly is shown. When any word in the Agreement is used in the masculine, it shall include the feminine, and the feminine, the masculine, except where a contrary intent plainly is shown. PRESERVATION OF DEFENSES AND RIGHTS: Neither party hereto waives any defenses, rights or remedies available pursuant to the Government Tort Claims Act (51 O.S. § 151, et seq.), common law, statutes, or the Constitution of the United States of America or the State of Oklahoma. WHOLE AGREEMENT: It is mutually understood and agreed by the parties hereto that this Agreement contains all of the terms, covenants, stipulations and provisions agreed upon by said parties, and this Agreement may not be amended except as provided herein. RENEWAL: This Agreement may be renewed under the same terms and conditions, unless mutually modified, by both parties to this Agreement, on or before June 30th of each successive year. Approved this day of City of Owasso, Oklahoma, 20 , by the City Manager of the "First Party" CITY OF OWASSO By:-- Warren Lehr, Interim City Manager 4 ATTEST: Shelly Bishop, City Clerk Approved as to form and legality: Julie Trout Lombardi, City Attorney Approved this day of 20_1 by the Authority of City Council /Board of Trustees of the City /Town and /or Agency of "Second Party" M ATTEST: Approved as to form and legality: The City Wif out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Tracy Townsend Captain- Owasso Police Department SUBJECT: 2014 Oklahoma Highway Safety Office Grant DATE: September 27, 2013 BACKGROUND: In February of 2013, the Owasso Police Department applied for grant funding through the "2014 Highway Safety Office Grant ". This grant is made available by the Oklahoma Highway Safety Office (OHSO). The purpose of the grant is to provide Oklahoma law enforcement agencies with resources to reduce the number of injury /fatality collisions in the State of Oklahoma. OHSO notified staff that $66,000 has been awarded to the Police Department. OHSO designated $60,000 for overtime traffic enforcement that is to be directed towards general traffic enforcement. Additionally, OHSO designated $6,000 for the purchase of three radar speed detection units. Partnering with OHSO to reduce collisions is consistent with objectives set forth in the Police Department's Strategic Plan. GRANT FUNDING: There is no match requirement for the grant award; however, the Police Department will be responsible for fuel and maintenance costs for police vehicles used during grant overtime traffic patrols. The grant is funded using a cost reimbursement concept. The Police Department will expend monies through its existing budget and then claim reimbursement from OHSO. In order to receive grant funding, the City of Owasso must enter into a contract with OHSO and provide resources to manage the grant. RECOMMENDATION: Staff recommends City Council acceptance of the 2014 Highway Safety Grant, authorization for the City Manager to execute the contract with the Oklahoma Highway Safety Office for management of the grant and approval of a budget amendment increasing the estimated revenues in the General Fund by $66,000 and increasing the appropriation for expenditures in the Police Services budget by $66,000. ATTACHMENT: A. Oklahoma Highway Safety Office Contract OHSO Highway Safety Application FFY2014 Organization_ Owasso Police Dept, City of OHSO- FFY2014- Owasso PD -00074 General Provisions - Part it REGULATIONS AND DIRECTIVES The Grantee, its assignee(s), successor(s) in interest, subcontractor(s), supplier(s), or anyone who is recipient of financial assistance through this grant shall agree to all applicable provisions of the following; however, nothing here should be interpreted to limit the requirements to comply with regulations and directives not included in this list: 1. Grantee agrees to implement the project in accordance with federal statues, local statutes and regulations, as well as the policies and procedures established by the Oklahoma Highway Safety Office. 2. The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88.352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681.1683 and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101 ,336), as amended (42 U.S.C. 12101, at sec.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100 -259), which requires Federal -aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd -3 and 290ee -3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made: and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application- 3. Hatch Act (Political Activity), 5 U.S.C. Sections 1501 -1508 and 5 CRF Part 151, 4. Buy America Act, 23 U.S.C. 101 - 5. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — 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 is this certification, such prospective participant shall attach an explanation to this proposal. 6. 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 or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to 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 orcooperative agreement. 09/16/2013 Page t of 6 OHSO Highway Safety Application FFY2014 Organization: Owasso Police Dept, City of OHSO- FFY2014- Owasso PD -00074 (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 or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL. "Disclosure Form to Report Lobbyirg " in accordance with its instructions. ('s) 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 by section 1352, title 31, U.S. Code. Any person who fails to If le the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100.000 for each such failure. Restriction on State Lobbying; None of the funds under this program will be used for any activity specifically designedto 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., *grassroots') lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, i accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 7. Equipment Purchased with Highway Safety Funds Ownership of equipment purchased is vested in the Grantee, who must use the property only for the authorized purpose of this project (49 CFR, Part 18 (Common Rule) ) Equipment must be entered into. and tracked through, the Grantee's inventory system and the OHSO inventory Equipment maintenance and liability coverage are the Grantee's responsibility Grantee 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 Grantee MUST: (1) Write a letter of request to OHSO; (2) State how the disposal will occur (auction, transfer, etc.) aridlor provide three (3) appraisals; (3) Maintain equipment until Grantee receives letter of approval; (4) Return Equipment to OHSO. Nothing herein contained shall be construed as incurring for the Grantor Agency any liability for Workmen's Compensation , KI.C.A., Withholding Tax, Unemployment Compensation, or any other payment which is not a part of this contract . Instructions for Lower Tier Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set cut below. 2. The certification in the 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 wrtri which this transaction originated may pursue available remedies, including suspension andlor debarment. 09116!2013 Page 2 of 6 OHSO Highway Safety Application FFY2014 Organization: Owasso Police Dept, City of OHSO- FFY2014- Owasso PD -00074 3. The prospective lower tier participant shall provide immediate written notice to the person to which 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 De Inition 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 exclude 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 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) 7, 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 is 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. CertffPcation Regarding Debarment Suspension Ineligibility and Voluntary Exclusion 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 cerlification, such prospective participant shall attach as explanation to this proposal. 09116/2013 Page 3 of 6 OHSO Highway Safety Application FFY2014 Organization: Owasso Police Dept. City of OHSO- FFY2014- Owasso PD -00074 Budget Summary Projections Cost Category Items let Quarter I 2nd Quarter I 3rd Quarter Ocl, Nov. Dec. Jan, Feb, Mar. Apr, May Jun 1. Personnel A. Salaries $4,880.001 $4,880.00 $4,880.00 S4,880-001 $4,880.001 $4,880MI S4.881.001 54,881.0 $4,881.00 S. SeneGis $120.001 $120,001 S120.001 5120.00 $120,001 S120,001 Sl ig.001 $119.00 $119.00 II, Travel A. In -State Travel s0 $0 $0 $0 $0 $0 $0 So $0 H. Out -of -Stale Travel $0 $0 s0 $0 $0 s0 so So $0 Ill, Operating Costs so $0 so $0 $0 50 $0 $0 $0 IV. Contractual Costs S0 $0 $0 $0 so $0 so 50 so V. Equipment 56,000.00 50 $0 $0 s0 SO $0 50 so Monthly Total $11,000.00 $5,0.0.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 S5,1100.00 $5,000.00 55,000.00 09,11612013 Page 1 of 3 4th Quarter Jul Aug Sept Annual Total 1. Personnel A. Salaries $4,881.00 $4.881.00 S4.080.D0 $58,565.00 U. Serefits slig.oal $119.001 $120.001 $1,435.00 II. Travel A.In-Stale Travel so s0 $0 $0 S. Out-of-Stale Travel SO $0 $0 s0 III. Operating Costs $0 $0 $0 $0 IV. Contractual Costs SO $0 $0 $0 V. Equipment $0 so $0 7777T000.00 Monthly Total $5,000,00 $5,000.00 $5,000.00 $66,000.00 09,11612013 Page 1 of 3 OHSO Highway Safety Application FFY2014 Organization: Owasso Police Dept, City of OHSO- FFY2014. Owasso PD -00074 Budget Detail Projections Cost Category Items Project # Description Month Totals OCT NOV DEC JAN FES MAR Semi - Annual APR MAY JUN JUL AUG SEP Annual I.t- 1 PT- 1193 -11-09 Salary for overtime lnffic enlorce."Mi(rate not to exceed 1_5 limes regular noady rate unless contractually required and pm- approved by OHSO)_ $4,880.00 $4,880.00 $4,880.00 $4,880.00 S4.880.001 $4,880.00 $29,280.00 $4,881,00 $4,881.001 $4,881.00 $4.881,00 $4,881.00 $4,860.00 S58.SSS.DO LB. t P':- 14- Oa -n -os Benefits for ove onelraffic enforcement inct to exceed 7.85'% uNess comraclually required and oro- approved by OHSO). S120.OD $120.001 $12o,001 $120,001 $120.001 $120,001 $720.00 5119.00 $119.06] $119.00 $119.0 $119.00 $120,00 $1,435.00 IV . t PT- tn- n3.1fa9 Purchase 3 radar anus 52000.00. $6,000.00 $6,000.00 56,000.00 50 so $0 so so $0 so so so $0 so so So 05/16/2013 Page 2 of 3 OHSO Highway Safety Application FFY2014 Organization. Owasso Police Dept, City of OHSO- FFY2014- Owasso PD -00074 Activity /Milestones Projections Activity LRaujact # Description MILESTONE PROJECTIONS M 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter r -pr Number at overtime hours worked for traffic enforcemenl. I Dec. 1 -09 Number of contacts lot traffic GnSprcefMnt. Ta dCl ,s 2 Gpmncis per hour or I DUI every 12 hours. I Mar. 1'09 Submil verification that officers using grant funned equipment have been propeay Trained in the operation of said equipment upon receipt, June 1 09 Number of PI &F activities conducted, to include: media contact2 . safely presentalione social media contacts. etc.. (no tarnet) Sep I Total Oct. I Nov. I Dec. I Jan I Feb. I Mar. I Apr. I May June July Aug Sep I Total 147 147 147 1 147 1 147 1 147 1 147 14J 147 147 147 I nd7 1764 294 a 294 1294 1 294 1 294 1294 362tl 1 0 09:16/2013 Page 3 of 3 OHSO Highway Safety Application FFY2014 Organization: Owasso Police Dept. City of Specific Agreements - Part III OHSO- FFY2014- Owasso PO -00074 Grantee shall adopt (if none presently exists) and enforce a safety belt use policy requiring all employees and others riding in Grantee vehicles and /or on Grantee business to use safety belts in accordance with State law. 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. Grantee 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. Grantee shall encourage all law enforcement officers participating in impaired driving enforcement programs to obtain certification in NHTSA sanctioned Standard Field Sobriety Test (SFST) procedures Grantee 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 30 -day limit may result in denial of the reimbursement claim. Reports should include, as a minimum, the following: 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). 5. 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. The Federal Funds are provided by the NHTSA and, as such, may be subject to audit under Office of Management and Budget (OBM) or A -133. Unless other arrangements are made, any required audit is the responsibility of the Grantee. Any activities or cost items not specifically addressed in this agreement or any revisions to the items which are included in the agreement must be approved, in writing, oy the OHSO Director/ Governor's Representative or designee before they will be considered eligible activities and/or cost items. (For example, any out -of -state travel expenses not specifically identified in one's agreement require prior written permission from the OHSO Director / Govemor's Representative or designee or the costs will not be reimbursed.) These "Specific Agreement" topics have been provided in an effort to assist grantees. This is not in any way a complete list of all requirements. Any questions and /or concerns not addressed here or in other areas of this grant 09116!2013 Page 4 of 6 OHSO Highway Safety Application FFY2014 Organization: Owasso Police dept. City of 01-ISO- FFY2014- 0wasso PD -00074 agreement should be directed to the OHSO Program Manager assigned responsibility for oversight of this project. The continuation of this project is contingent on the availability and receipt by OHSO of Federal Funds. 09116/2013 Page 5 of 6 OHSO Highway Safety Application FFY2014 Organization: Owasso Police Dept, City of OHSO- FFY2014- Owasso PD -00074 As the Authorizing Official, 1 certify that all data in this application is true and correct. The application and proposed agreement have been reviewed and authorized by the governing body of the applicant agency. The typed name, in lieu of a signature, represents this agency's legal acceptance of the terms of this proposal and a statement of veracity of the representations made in this application. Printed Name of Chief Executive Officer: Title: Date: As the Authorizing Official, I certify that all data in this application is true and correct. The application and proposed agreement have been reviewed and authorized by the governing body of the applicant agency. The typed name, in lieu of a signature, represents this agency's legal acceptance of the terms of this proposal and a statement of veracity of the representations made in this application. 09/16/2013 Page 6 of 6 -- -- --- - - - - -- - - - - - -- The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Silver Creek Dry Detention Facility Homeowners Association Request for Assistance DATE: September 27, 2013 BACKGROUND: In January 2011, the Silver Creek Homeowners Association (HOA) requested assistance with the maintenance of their dry detention facility. Over a period of time, sedimentation has been dispersed into the northern section of the facility. As a result, frequent ponding of water is causing difficulty with vegetation control and human health concerns relating to stagnant water (see Attachment B). In March 2011, following a series of meetings with Silver Creek HOA representatives to discuss their concerns, potential solutions, and cost estimates, the City staff agreed that the City would fund 50% of the requested improvements and the HOA would cover the remaining 50 %. At that time, the improvements were estimated at $24,000 and included grading, placement of a concrete trickle channel, and re- establishing the area with sod. The Silver Creek HOA agreed to pay back the City in monthly installments totaling $12,000. Funding for this project was included in the FY 2011-2012 approved budget. Shortly after the approval of the FY 2011 -2012 budget, the City Council began discussions relating to the development and adoption of a "Private Stormwater System Improvement Policy." In September 2011, City Council adopted such policy. In October 2011, the City employed Meshek and Associates to evaluate the Silver Creek detention pond to see if this project met the requirements for public funding as defined in the new Private Stormwater System Improvement Policy. The results indicate that an excessive amount of sedimentation in the northern area of the pond is prohibiting the pond from performing at its full capacity. The downstream flow rates reflect an increase from the pond outfoll. The 100 -year flows downstream of the pond show an increase of approximately 20 cubic feet per second (approximately a 40% increase). However, it is important to note that the stormwater appurtenances located at East 861h Street North have more than enough capacity to effectively manage the increase in flow. An element within the Private Stormwater System Policy requires that Owasso Public Works Engineering Division must determine if the capacity has been reduced, resulting in a risk of flooding to the adjacent, upstream, or downstream properties. As mentioned above, the capacity has been reduced, but the drainage structure downstream of the facility can accommodate the additional flows. Additionally, the model does not reflect an adverse impact to downstream properties as a result of the increase in flow (20 cts). In April 2012, City staff presented this item at the Council work session meeting. City Council raised concerns regarding the use of public funds to correct the issues relating to the Silver Creek Dry Detention Facility because the deficiencies described didn't follow within the Private Stormwater Policy criteria, Per the request of the Silver Creek HOA representatives, in June 2013, City staff presented this item at the Council work session meeting. During the discussion, the City Council requested staff revisit with the Silver Creek HOA concerning the original agreement, finalize the scope of work, request for quotes, and bring this item back to work session for further discussion, Since then, the HOA representatives met with City staff on several occasions to discuss their concerns and why the City should assist with this project. In August 2013, after further research, staff informed the HOA that the City could not loan money to another entity. As a result, the HOA provided a new proposal and is willing to pay $6,000 towards the project with the remaining balance being funded by the City. Although the HOA members are aware this project does not qualify for public funds under the adopted Private Stormwater Policy, they are requesting the City to adhere to the verbal agreement made prior to the adoption of the policy. During the September 2013 work session, City staff provided the Council with new project costs, a finalized scope of work, and the Silver Creek FICA's funding proposal. After Council discussion, staff advised this item would be on the October 1, 2013, regular scheduled Council meeting for consideration and appropriate action. PROJECT DESCRIPTION /QUOTE ANAYLSIS: As mentioned above, the improvements consist of grading, placement of a concrete trickle channel, and re- establishing the area with sod /Hydro -Seed. In August 2013, City staff requested construction quotes from several local contractors. In September, four quotes were received with Tri -Star Construction providing the lowest quote at $30,000. With the HOA contributing $6,000, the cost to the City would be $24,000. The Silver Creek HOA requested their portion of the project cost ($6,000) be directly paid to Tri- Star Construction, which would include re- establishing vegetation. As a result, the official construction cost to the City would be $24,000. FUNDING: The Stormwater Fund balance has funds available in the event this project is approved. NOTE: It is important to note, that City staff agreed to fund a portion of this project as a result of construction standards not enforced by the Oklahoma Department of Environmental Quality or the City during construction. The City did not obtain the required as -built survey prior to acceptance of the completed structure. If obtained, this issue would have been corrected and not before the Council today. RECOMMENDATION: Staff recommends awarding a contract for the Silver Creek Dry Detention Pond improvements to Tri -Star Construction in the amount of $24,000. ATTACHMENTS: A. Location Map B. Images C. Quote D. Private Stormwater System Improvement Policy SILVER CREEK DETENTION POND Legend ® SUBJECT PROPERTY an_nz CI-IIS MAP IS POR INPOI2MATION PUR aSU ONLY AND IS NOT rNW CITY OF OWASSO 1 I I N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 t. s. r ST Y)TSI Y27 eJ7 i� .. 'Z' VYYYYYYYYYYYYJ 1 i ` � - �1777JT1 - /'i Izz fit I/ rr ' ' r �YrrrJ � rrrrrrrr� ' rrrrrrrr r /`irYs rlJ% Y /YJ'J C' /YYYY /' 7 /rYY7 ✓'r Y % %YBB � , y/Y,, -,Vrr .,, I.. YYYYYY `.YYYYYY9YYYYrrY _�<: _ ,, s` < � _ �" � r uCk�. YA t �. 411�� � �i -• '; PS � Ij�l �l -�JI ,y�yy� Y r wG2E x9la'$� }. � uG��y �.rd �� ,. ' r �' F _ _ `�� ti`f' t ti � i a �' � r `� � � ��t� 1 1 i I' 1 I' �' N ��'�i �ll�l 1�����wy��}������1 +`�1��!i� �� �� � .' -_ _ - - - - - - - - �T:_ -_; J .. ._ _�. ,. .��_ _ .� _e_o L _ �� r___ - -- _ - - - - � � � C__.- _ _ _ - ,_ _ .. ... ,r__ - - - _ _ �- _ r_t___ ... _ . ,,, _.� - -�-t- ,�_ „_ � _ _�<: _ ,, s` < � _ �" � r uCk�. YA t �. 411�� � �i -• '; PS � Ij�l �l -�JI ,y�yy� Y r wG2E x9la'$� }. � uG��y �.rd �� ,. ' r �' F _ _ `�� ti`f' t ti � i a �' � r `� � � ��t� 1 1 i I' 1 I' �' N ��'�i �ll�l 1�����wy��}������1 +`�1��!i� �� �� � .' Attn: Earl Farris Item Unit Adj. Unit Total 4' Wide Trickje channel in Bottom of Pond -450 L.F. i Is 24,ODO.DD $ 24,000 Scope of Work: Excavate for 4' Wide Trickle Channel Install 4" Aggregate Base under Trickle Channel Pour 4' Wide Trickle Channel- 450 LF. - Ciass'c' Concrete Includes: W1.6 x W1.6 x 10 x 10 WWF Inclusions: Staking/Layout Exclusions: Quality Control Testing... Soil Densities, Concrete Cylinders, Etc. Rock Excavation Utility Conflicts, Relocations, Etc. TOTAL BALANCE TO AWARD: 24,000 Payment Terms: fdnnrhW Pay app0m0anaf x wmPlatndwork and material as hand Inankas am due end Payable 30 days Ran reraipt All material is guaranteed to be as speared. All work to be completed In are workmanlike manner Any alteration or deviation from the original plans and specifications will only be executed upon receipt of written change order, which will become part of the original agreement and will effect the original price agreed upon. Thank You for the opportunityto bid this project. Signed: Mark H Signed: Managing Member, Tri -Star construction, LLC City of Owasso Representative Owasso City Council Policy Statement Relating to Prtvate Stormwater System Improvements In its desire to pursue the highest quality of life for citizens of the Owasso community, the City Council recognizes the importance of stormwater management. The City of Owasso continues to face difficult issues concerning the reliance of storm water facilities constructed by land developers and maintained by subsequent landowners or Home Owner Associations. The City of Owasso stormwater system contains approximately 45 public or private detention stormwater detention facilities. Stormwater detention facilities and related infrastructure require routine maintenance to function properly and in the long -term can require significant investments for repair and replacement of structures in order to prevent flooding of adjacent properties as well as minimize the negative impacts of excessive flows on public roads, private property, public facilities, and to aquatic habit downstream areas. More and more often, the burden of assuring the integrity of the public stormwater facilities subsequent to the failure of a private storm water management facility falls on the local government. The purpose of the Private Storm Water System improvement Policy is to create guidelines and procedures to aid in the consideration of requests from private stormwater facility owners for public assistance. Therefore, the City Council adopts the following guidelines and directs the municipal staff to endeavor to implement the policy as a priority in the administration of the staff's duties: GUIDELINES: The following requirements must be met in order for a private stormwater facility to be eligible for funding consideration and appropriate action by the Owasso City Council: 1. The Private Stormwater Facility must be part of the City's stormwater system; and, 2. A determination made by the Owasso Public Works Engineering Division that the basin's intended stormwater capacity has been reduced resulting in a risk of flooding to the adjacent, upstream, or downstream properties; and, 3. A determination made by the Owasso Public Works Engineering Division that the weakened or eroded areas of the dam or barrier poses a likely threat of a dam or barrier failure; and, 4. A determination made by the Owasso Public Works Engineering Division that the request for assistance is not to achieve purely aesthetic enhancement of the basin or surrounding area (i.e., vegetation control, landscaping etc,). PROJECT PRIORTIZATION: Public Works will rate and prioritize each project request utilizing the following set of criteria: • Cost Participation by Property Owners - 10 points (max): Points awarded = (% of property owner funding x 10) • Capacity degradation - 10 points (max): Extent to which the capacity of the basin has been reduced as determined by Public Works Engineering Division. Points awarded = (Estimated % surface area x 10) • Erosion - 10 points (max): Extent of erosion along the dam or barrier, as determined by the Public Works Engineering Division. Points awarded = (Estimated % surface erosion x 10) ® Safety - 10 points (max): Degree of safety hazard (Scored by Public Works Engineering Division): a. None = 0 points awarded b. Low = 1 to 3 points awarded c. Medium = 4 to b points awarded d. High = 7 to 10 points awarded PROJECT SCOPE: Public Works will have the sole discretion in defining the scope and characteristics of the work necessary in order to bring the private stormwater facility into compliance with the City of Owasso Engineering Design Criteria (Ordinance No. 812). PRIVATE STORMWATER FACILITY MAINTENANCE: In an effort to reduce future maintenance costs and potential flooding risk, the City of Owasso will perform, or cause to be performed, an inspection of the private stormwater detention facility on a bi- annual basis to ensure the property owner or Home Owner's Association is providing adequate maintenance of the detention facility. The City staff will provide notice to the property owner scheduled date and time of the inspection, show signs of inadequate maintenance, enforcement action. via certified or registered mail, of the Should the stormwater detention facility the City will take appropriate code ADOPTED by the Owasso City Council on the 20th day of September, 2011 u Bonebrake, Mayor City �,NI` ci!i I.inlil5. TO: The Honorable Mayor and City Council APPROWD BY COUNCIL City of Owasso SEP 2.4 2011 FROM: Roge Stevens Public Works Director SUBJECT: Private StormwaterSystem Improvement Policy DATE: September 16, 2011 BACKGROUND: Similar to other communities throughout the state, the City of Owasso continues to face difficult issues concerning reliance upon stormwater facilities constructed by land developers and maintained by subsequent landowners or Home Owner Associations. Following a request by City Council for the development of a policy outlining a method and means of prioritizing and funding requests for private stormwater facility improvements, staff presented their research and suggestions for policy language during the June, July, August, and September City Council work sessions. In addition, a Public Meeting was held on August 11, 2011 in order to gather citizen input related to a policy intended to ensure that privately owned detention facilities function in accordance to the City of Owasso's stormwater management criteria. POLICY PURPOSE: The purpose of the Private Stonnwater System Improvement Policy is to create guidelines and procedures to aid in the consideration of requests from private stormwater facility owners for public assistance, These facilities were built to prevent flooding of adjacent properties, as well as to minimize the negative impacts of excessive flows on public roads, private property, public facilities, and aquatic habitats in downstream areas. Stormwater detention facilities and related infrastructure require routine maintenance to function properly, and in the long term can require significant investments for the repair and replacement of structures. Unfortunately, property owners, such cis HOA's, often do not generate enough funds to maintain these privately owned stormwater facilities. Therefore, the burden of ensuring the integrity of public stormwater facilities falls on the local government. As noted previously, the purpose of this policy is to establish guidelines and procedures which will guide both City staff and the City Council in determining which requests should be addressed in order to ensure the integrity at the public stormwater system. RECOMMENDATION: Staff recommends City Council adoption of the Private Sfommvater System lnipioverneni Policy ATTACHMENTS: A. Procoseci Pr;iicy The ay Witiout Limifs. TO: Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: FY 2013 -2014 Miscellaneous Stormwater and Erosion Control Engineering Projects DATE: September 27, 2013 BACKGROUND: For many years the City of Owasso's rapid development has been monitored by the City Engineer's office. The City Engineer's office reviews plats for subdivisions and commercial properties throughout the city to make sure streets, storm water conveyance systems, and water and sewer lines are designed and constructed to City standards. Stormwater detention and erosion control are critical aspects of development within the City of Owasso. With the constantly changing regulations, an annual contract with a consulting firm specializing in stormwater management was established in 2007 to review stormwater plans in order to protect the interests of the City. The consultant works on an "as needed" basis and charges are based on an hourly rate schedule. The City Engineer's office determines plans that can be reviewed "in- house" and those that need analysis by the expert consultant. Since 2007, a firm has been retained annually on a contractual basis to provide these services for the fiscal year. Engineering selection for these services have been quality based with emphasis on past performance. Meshek and Associates, Incorporated performed these services in 2007 and from 2009 to present. The Benham Companies provided these services in 2008. PROPOSED ACTION: With the expiration of the existing contract, it is necessary to approve the annual contract to retain a consultant for the Miscellaneous Stormwater and Erosion Control Engineering Projects for FY 2013 -2014. If the contract is approved, the expiration date will be June 30, 2014. FUNDING SOURCE: Funding for engineering services has been allocated under the FY 2013 -2014 Stormwater Management Fund, RECOMMENDATION: Staff recommends approval of the Agreement for Engineering Services for Miscellaneous Stormwater and Erosion Control Engineering Projects with Meshek and Associates, Incorporated of Tulsa, Oklahoma in an amount not to exceed $65,000 and authorization for the Mayor to execute the agreement. ATTACHMENT: A. FY 2013 -2014 Agreement AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS THIS AGREEMENT, made and entered into this 1st day of October 1, 2013 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and Meshek 3r Associates, PLC, hereinafter referred to as ENGINEER; W ITNESSET'H: WHEREAS, CITY intends to analyze various stormwater or erosion control issues for existing infrastructure, to review existing ordinances for possible revision, to provide stormwater reviews of development projects and to assist the City in general stormwater review or design services, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the fiscal year 2013 -2014 Stormwa ter Management Budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROJECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY which is attached hereto and incorporated by reference as part of this AGREEMENT. 4_ COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, BILLING RATE SHEET, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE. OF SERVICES in accordance with the schedule set forth in Attachment F, SCHEDULE attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All ,.i & t. OP 13 engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 72 The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 7.5. ENGINEE,R's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer- generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AAND SCHEDULE. 8.1. Since ENGINTEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in th s paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. '12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $1.00,000 for each occurrence. ..A;.; i;. : q 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000. 12.2. EENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF LOCUM ENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CII'Y'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CI`I1 S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEEXs contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to tlds AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Meshek & Associates, PLC 1437 S. Boulder Ave. Suite 1080 Tulsa, OK 74119 Attention: Janet K. Meshek, PE, CFM To CITY: CITY OF OWASSO 301 W 2nd Avenue Owasso, Oklahoma 74055 Attention: Roger Stevens, Public Works Director 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine conmlimications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due ''v E i 01 • ifi to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefront, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes ATTACHMENTS A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APpROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff when requested and will be available for public meetings and City of Owasso presentations. 22. CONTRACT EXTENTIONS. Upon approval of the Public Works Department and the Consultant, this contract may be extended for three (3) successive, one (1) year terms if agreed to by both parties in writing not less than sixty (60) days prior to the expiration of the initial one (l.) yearor of any successive one (1) year term. Hourly rate changes from the consultant and maximum contract are subject to change. This extention is the first extention of a maximum of three (3) extentions. 23. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Janet K. Meshek as Project Manager for the PROJECT. ENGEV:EER J',%( :1? 1, ), i+ agrees that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. APPROVED: City Clerk APPROVED AS TO FORM: City Attorney Meshek & Associates PLC K Meshek, PE, CPM i� /2013 3 CITY OF OWASSO OKLAHOMA Mayor Date _/_/2013 PACE 6 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of civil engineering services for the following categories of assignments: 1. Review of hydrology and hydraulic reports and studies for development projects; 2. Assistance in the development of policies and ordinances related to stormwater, erosion control or the Municipal Separate Stormsewer System (MS -4); 3. Specific assignments related to hydrology and hydraulics that may arise with regard to existing installed infrastructure or proposed development projects; 4. Review of hydrology and hydraulic reports for developments as they relate to the City of Owasso Master Drainage Plan; 5. Review of floodplain issues regarding FEMA regulated floodplains and floodways; and 6. Any other Stormwater or erosion control issues that the City requests assistance. P:;G r, 7 0; f3 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS Scope of Services Attachment B The services to be performed by the ENGINEER, Meshek & Associates, PLC, under this AGREEMENT will. consist of providing civil engineering services for the categories of assignments presented in Attachment A, as directed individually by the City by a work order. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed for each assignment. It is further understood that all reviews and conceptual designs will be prepared in accordance with the City of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.l.a) Provide miscellaneous stormwater engineering review of development projects as directed by the City. The work will include: B.La) 1. General review of engineering plans for compliance with City criteria and policies. B.La) 2. If specifically directed by the CITY, to model a proposed development or other infrastructure project in the applicable HEC -HMS and HEC -RAS watershed model for the City of Owasso. B.Lb) Provide analysis and conceptual design of stormwater or erosion control improvements, when directed individually by the City. The work will generally include the following elements: B.Lb) 1. Preparation of detailed hydrologic and hydraulic models of localized areas. B.Lb) 2. Preparation of conceptual plans to deal -with the flooding problems. B.I.b) 3. Prepare of conceptual cost estimates for budget purposes. B.I.b) 4. Preparation of a letter report documenting findings. B.1.b) 5. Review of existing city ordinances or preparation of new city ordinances addressing stormwater or erosion control issues. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT. C.1.2 Standard construction drawings and standard specifications. C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access. To assist in providing access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance. Designate the City Engineer (or another individual designated in writing) to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.31 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing ". C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as each Phase of the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D3 Total Compensation. D.1.1 For the work under this project the total maximum billing including direct costs and subconsultant services shall be Sixty -five Thousand Dollars and no cents ($$65,000.00) which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates. Services of subcontractors and other consultants shall be compensated for at actual cost. Use of sub - consultants shall be authorized in advance by CITY. D.3 Other Direct Costs. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E. D.33 Any other direct costs shall be compensated for at actual when authorized in advance by CITY. DA Additional Services. Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. D.6 Conditions of Payment. D.6.1 Payments shall be made based on actual hours worked using the rates in ATTACHMENT E and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.63 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER mav, after giving fifteen days written notice to CITY, request renegotiation of compensation. PAGE I I OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS Billing Rate Sheet Attachment E Allowance for Office Work Project Principal 11 $ 200 /hour Project Principal I $175 /hour Project Manager $ 145 1hour Senior Project Engineer $ 150 1hour Project Engineer $ 95 /hour Engineer Intern $ 90 /hour Engineering Technician $ 80 /hour Engineering Designer $ 90 /hour CAD Technician $ 80 /hour Construction Manager $ 80 /hour Construction Inspector $ 60 /hour Planning and ROW Specialist $ 125 /hour 2 -Man Survey Crew $ 180 /hour Survey Crew Chief $ 95 /hour Survey Crew $ 45 /hour GIS Project Principal $150 1hour GIS Project Manager $ 105 /hour GIS Specialist III $ 120 /hour GIS Specialist 11 $ 95 1hour GIS Specialist 1 $ 90 1hour GIS Technician $ 55 /hour Clerical II $ 70 /hour Clerical 1 $ 50 /hour Allowance for Travel: Total mileage traveled for field and office visits @ current IRS rate. Reproduction costs: In -house reproduction 8 -1/2 "x11" black /white $ 0.08 1each 8 -1/2 "x11" color $ 0.15 /each 11 "x17' black/white $ 0.20 /each 11 "x17' color $ 0.35 /each 22" x 34" black/white $ 3.00 /each 22" x 34" color $ 10.00 /each Black and White Plots $ 2.00 /each Color Plot $ 5.00 /each Outside reproduction Cost plus 5% Miscellaneous expenses and fees: Cost plus 5% PAID. 12 i'?' 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS Schedule Attachment F F. SCHEDULE. The schedule for engineering services for the fiscal year 2013 -2014 PROJECT is provided as follows: F.I. Notice to Proceed: July 1, 2013 (or when Agreement is fully executed) E.2. Contract Expiration: June 30, 2014 17.3. Project reviews shall be completed in 10 working days by ENGINEER F.4. Schedule for other assignments to be established at the time assignment is made to ENGINEER. The City Wit out Lirnits. TO: The Honorable Mayor and Council City Of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Agreement for Engineering Services 2013 Transportation Master Plan DATE: September 27, 2013 BACKGROUND: The City of Owasso has seen tremendous growth in the last 25 years. This growth has required the City of Owasso to construct a new wastewater treatment facility and expand it three times since the mid- 1980s. Sewer lines that were constructed in the 1960s are being upsized and replaced along with miles of water lines. The original water tank has been removed and a new water tower stands on the north end of town. All of these improvements were a result of master plans contracted and implemented by the City of Owasso. Owasso has not had a detailed Transportation Master Plan. With the addition of health related businesses, commercial centers, education facilities, residential housing, and new apartments, Owasso needs a plan to address the traffic needs for the next 5, 10, and 20 years. INCOG updates a regional master plan that includes Owasso and Tulsa County, but the detail is for planning purposes to apply for federal highway funding and does not address specific traffic issues. TRANSPORTATION MASTER PLAN: The purpose for a Transportation Master Plan (TMP) for the City of Owasso is to study and document existing traffic conditions in Owasso, and prepare a 5, 10, and 20 year plan for improving the transportation system in Owasso to keep up with the projected growth. The boundaries of the study are Memorial Drive to N 161st East Avenue (west and east) and from E 681h Street North to E 126th E Street North (south to north). Also, a corridor running east along E 76th Street North to N 1931d East Avenue will include impacts of Stone Canyon development. The roads that will be studied are arterial roadways (i.e. E 86th St N, E 761h St N,) and collector roadways (i.e. N 1231d E Ave, N 145th E Ave). In addition, the study will look at the impact that US Hwy 169 and SH 20 pass- through traffic has on Owasso. Initial work on the study will include data collection. A comprehensive traffic count program will be implemented to generate the data needed for the traffic model. The Owasso traffic model will use components from INCOG's regional model as a base -line. Additional input from citizens, business owners, schools, and City staff will be collected to ensure the plan contains data from the people that are directly impacted by the Owasso traffic. The engineer will develop Owasso's Travel Demand Model and then calibrate /validate the model with new traffic data. Engineers will also identify anticipated traffic volumes and travel patterns, evaluate effectiveness of alternative improvements, and project populations and traffic flows for the years 2015, 2025, and 2035. Once this information has been analyzed, the engineer will establish a Functional Classification System for the city streets. The system will confirm whether typical sections, cross - section and right -of -way needs are adequate and will evaluate future transportation systems to identify optimal improvement alternatives and provide preliminary costs for improvements. REQUEST FOR QUALIFICATIONS: Requests for Qualifications (RFQ) were solicited from transportation engineering firms in the state with transportation planning expertise or the ability to provide a team with that experience. Eleven (11) firms were invited to participate and three (3) firms submitted their Statements of Qualifications (SOQ). QUALIFICATIONS BASED SELECTION PROCESS: The three responding firms are Guernsey, Oklahoma City; NewTrans Solutions, Owasso; and EST, Incorporated, Oklahoma City. Each Statement of Qualifications provided a proposed Scope of Services based on the RFQ and provided extensive documentation outlining their experiences with previous transportation master planning, strategy for successfully completing the master plan, lists of previous similar planning projects, and staff qualifications. Members of the Public Works and Community Development staff reviewed and graded the SOQs based on the information included in the Request for Proposals. Based on the SOQs, staff interviewed the "Most- Highly Qualified and Responsive Firm." After the interview process, staff negotiated a professional fee of $197,900 for the services outlined in the agreement, which is attached. If approved by City Council, the Transportation Master Plan is expected to complete by September 2014. FUNDING: Funding for this project is included in the FY 2013 -2014 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of an Agreement Master Plan with Guernsey Engineering in the Mayor to execute the agreement. ATTACHMENT: A. Agreement for Engineering Services for Engineering Services for the Transportation amount of $197,900 and authorization for the AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK * ** TRANSPORTATION MASTER PLAN' "* THIS AGREEMENT, n>ade and entered into this day of October___, 2013 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and C. H. ENGINEER and Company, hereinafter referred to as ENGINEER; W i CNESSETH: WHEREAS, CITY intends to contracl_with Engineer to perform a transportation master plan, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the Budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROJECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached. hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, FEE /HOUR BREAKDOWN, which are attached hereto and "incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attaclun.ent F, SCHEDULE attached hereto and incorporated by reference as part of this AGREEMENT, 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable taws and regulations pobhshpd and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and AGREENIEN "FOR ENGINEERING SERVICES workmanlike marmer and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. The ENGINEER shall to perform in accordance with the foregoing standards, but no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in cot mection with the PROJECT. 7.2. The presence of ENGINEEWs personnel at a construction site is for the propose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.8. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost / execution effects are not the responsibility of )NGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer- generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. B. OPINIONS OF COST AND SCHEDULE. £3.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. RGRE:04ENT FOR ENGINEERING SERVICES 2 8.2. Since ENGINEER has no control over [lie resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer, 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall inden -mify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees recoverable under applicable law on account of negligence, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not, be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor inderunification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than .$1,000,000 in the aggregate, and with property damage linnils of not less than S 100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not Iess than $1,000,000 for each accident and with property damage limits of not less than -$100,000 for each accider)L AGREEMENT FOR ENGINEERING SERVICES 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 121.4. Errors and Omissions Instuance to remanh in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval by CITY. 12.2. ENGINEER shall furnish CI'T'Y certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain flee property of the CPI`Y. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. '14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be. terminated by either party upon fifteen days written notice h1 the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEEWs contract price and schedule shall be equitably adjusted. 1.5. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Attention: Karl E. Stickley, PE C. I-T. Guernsey and Company 5555 N. Grand Blvd. Oklahoma City, Oklahoma 73112 Attention: Ken Senour, Sr. Vice President AGRHIVI NT FOR ENGINEERING SERVICES To CITY: Attention: CITY OF OWASSO 301 W 2,m Avenue Owasso, Oklahoma 74055 Attention: Roger Stevens, Public Works Director 15.1. Nothing contained in this Article shall be construed to restrict the transsrussion of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be clue to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightung, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, Iicenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SJ VERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrorn, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter: may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGRI FNIENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. AGREEMENIT FOR ENIGIM MINI SFRVIOtS 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT' shall be subject to inspection and approval by the Public Works Department of the City of Owasso; and any plans or specifications not meeting the terms set forth in this AGREEMENI' will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff initially and as stated in Attaclunent B "Scope of Services ", and will be available for public meetings and City of Owasso presentations as also stated in Attachment B "Scope of Services'. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Karl E. Stickley, PE as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of Crl'Y. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. ENGINEER (C. H. Guernsey and Company By: Ken Senour, Sr. Vice President APPROVED: Attest: l By: __W Stickley, SAss't. Secaelary� Date 9z2,5-11:;-, CITY OF OWASSO, OKLAHOMA City Clerk Mayor Date APPROVED AS TO FORM: City Attorney AGREEMENT FOR ENGINEERING SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK * *" TRANSPORTATION MASTER PLAN ** Scope of Project Attachment A SCOPE OF PROJECT. The PROJECT shall consist of civil engineering SERVICES described as follows: Prepare a Transportation Master Plan for the City of Owasso. Project objectives include: - Establish acceptable levels of service (LOS) for the various elements of the transportation system - Evaluate current and projected land uses using current City plamung documents - Determine projections based on current and future Iand uses and projected population growth. - Analyze the current arterial and collector street system and identify current and future capacity enhancement needs to meet the acceptable levels of service - Identify specific projects and the projected date / tune frame when the projects would be completed including cost estimates - Prepare a comprehensive funding plan for the transportation systems through a minimum twenty-year plarunhng horizon - Identify funding sources to meet the current and future enhancement needs identified Provide alternative analysis with recommendations for funding sources AGREE RENT FOR ENGUEERING SEWCES, ATTACHMENT A AT AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK ** TRANSPORTATION MASTER PLAN " ** Scope of Services Attachment B The services to be performed by the ENGINEER under this AGREEMENT will consist of providing civil engineering services for the SERVICES presented iln Attachment A, as directed by the City by a notice to proceed or in a work order. Further, it is understood turd agreed that the date of beginning, rate. of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commnence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that all reviews and conceptual designs will he prepared in accordance with the City of Owasso design criteria and specifications for construction. B:1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B1.a) Task 1- Perform Project Management The management of project activities will ensure the efficient and timely delivery of study results that are high quality and of practical use by the City. Three objectives for the project management program are described below: Cost Control - Continuously track project expenditures versus the projected level of effort Schedule Control - Identify and tract: critical path activities and Quality Control - Systematic review of ongoing processes and project deliverables ENGINEER will be responsible for achieving the defined project management objectives through the following set of activities. Sub -Task 1.1 - Provide Progress Reports and Schedule - ENGINEER will prepare a detailed work schedule that will alk:w for the aggressive implementation of study activities while maintaining adequate opportunity for Owasso staff to review and conwnent. The project schedule identifies dates for key project milestones, meetings, and project deliverables. Updates on progress will be provided at the scheduled Transportation Master Plan Committee (TMPC) meetings. Sub -Task 1.2 - Perform Project Planning and Discovery - On award of a Notice -to- Proceed from the City and prior to the kick -off meeting, ENGINEER wilt undertake several required activities required to continence the project. These activities include the following: ;GREEIEN1 FOR ENGINEERING SERVICES, ArLSCHMENT e B -1 - Perform duties to set -up /coordinate project management systems that will be used to monitor the project - Identify and document conununication network - Mobilize and assemble the project team to review requirements and data; make assignments - Collect preliminary information and assemble needed graphics for the kick -off meeting and site reconnaissance Schedule the kick -off meeting with the City Sub-Task 1.3 - Project Kick -Off Meeting & Reconnaissance of the City - ENGINEER will conduct a project kick -off meeting with the TMPC after receiving the notice -to- proceed. The meeting will provide a basis for establishing appropriate goals and objectives for the project in addition to the following: - Clarify the limits and area of study - Identify goals, strategies, and objectives of the study - Identify and define special need areas and issues affecting transportation in Owasso Subsequent to the kick -off meeting, ENGINEER team members will conduct a windshield reconnaissance of the Owasso community. The focus will be on the following: - Observe conditions - Record observations and general characteristics information - Take photos /video - Identify unique issues /concern A summary of the kick -off meeting and community reconnaissance will be provided. Sub =Task 1.4 - TMPC Meetings - ENGINEER will organize and coordinate needed TMPC meetings throughout the duration of the project. it is anticipated that meetings will be held at regular intervals throughout the project as identified in the project schedule. Close coordination will be maintained between ENGINEER and the TMPC to ensure that project deliverables conform to project goals and objectives. The final TMPC meeting will include members of the City Council and Planning Coumruission and be conducted in the form of a workshop. The schedule identifies .four TMPC meetings. Progress updates will be provided at each meeting. Sub -Task 1.5 - Conduct Other Meetings - (aside from the meetings described above, there are potentially several other meetings required for the project. These meetings could /will include: - Meet with INCOG very early in the process to address modeling and available data; Additionally, make a presentation to INCOG subsequent to approval of transportation master plan by the City AGREEMENT FOR ENGINEERING SERVICES, ATT'ACrINIENT 8 B -2 - As identified, update the City Council on plan progress and status. The fee estimate is based upon one intermediate Council meetings - Meet with City Council upon completion of the plan in a detailed work session to address future formal action and requirements to be implemented B.1.b) Task 2 - Public Involvement Public involvement is an important part of the development of a transportation plan and will be accomplished with the following siibtasks. Sub =Task 2.1- Public Meeting Number 1- A public workshop is tentatively scheduled to be held near the beginning of the project to describe the study goals and objectives, the study process, and study time schedule. In addition, the public will be invited to provide public continent on existing transportation problems or concerns within the City. ENGINEER will provide information to assist the City in developing advertisements, mail - outs, and handouts for the meeting. ENGINEER will develop the meeting presentation materials. The City will be responsible for posting all advertisements in appropriate newspapers/ publications, copying and distributing all mail -outs, and copying all meeting handouts. The City will also be responsible for securing the meeting location and making arrangements for appropriate accommiodatiorns, including sound equipment and refreshments, if desired. Following the public meeting, ENGINEER will prepare a written summary of comments received at the meeting. ENGINEER will provide a minimum of two staff members for the Public Meeting and will be assisted by City staff. Sub-Task 2.2 - Public Meeting Number 2 - A formal public meeting is also scheduled to be held near the end of the project prior to completion of the recommended transportation plan. This meeting will allow public input to be incorporated into the development of the recouunended transportation plan. ENGINEER will provide information to assist the City in developing advertisements, mail out's, and handouts for the meeting. ENGINEER will develop the meeting presentation materials: The Cite will be responsible for posting all advertisements in appropriate newspapers /publications, copying and distributing all mail out's, and copying all meeting handouts. The City will also be responsible for securing the meeting location and making arrangements for appropriate accommodations, including sound equipment and refreshments, if desired. Following the public meeting, ENGINEER will prepare a written summary of comments received at the meeting. ENGINEER will provide a minimum of two staff nnernbers for the Public Meeting and will be assisted by City staff. B.1.c} i'ask 3 - Data Collections and Existing Coanditions This task involves the identification and inventory of existing data, the collection of additional data needed for the completion of the study, and the evaluation of existing traffic operations. AGRECMI -U FOR ENGINEERING SERVICES, ATTACWEW B B-1 Sub -Task 3.1- Transportation Data Collection - Available data sources will Provide important information, such as traffic counts, base maps, land use, socioeconomic data, and environmental data. Data compiled as part of this study will be maintained in a project database. Data collected will include, but not be limited to the following: Traffic Volumes - The City* will provide available traffic volume counts and make additional counts as requested Functional Classification - The City will provide a list that identifies the existing ftmetionel classification of all roadways to be modeled within the City and roadway conditions Number of Travel Lanes - The City will identify the number of roadway travel lanes on all roadways to be modeled within the City, provided in the form of a hand -drawn or colored map - Speed - Limits - The City will identify the existing speed limits along roadways to be modeled within the City, provided in the form of a hand drawn or colored map - On- Street Parking - The City will identify locations of on- street parking along major roadways, such as arterial and collector streets, within the City - Roadway Right -of- Way - During the development of the recommended roadway improvements in Task 5 and 6, the City will provide existing right -of -way information on selected roadways, as requested by ENGINEER - Accident Data - ENGINEER will request existing accident data from the Oklahoma Department of Public Safety and /or Oklahoma Department of Transportation and the City :Police Department - Socioeconomic Data - Existing socioeconomic data, such as population, employment, and number of households is already included (per INCOG) in the latest update of the INCOG Travel Demand Model Sub -Task 3.2 - Existing Conditions Evaluation - .ENGINEER will utilize the current INCOG Travel Demand Model to evaluate existing transportation conditions along major roadways in the study area to determine existing' roadway LOS. The evaluation of existing conditions will provide a baseline of current traffic operations to use during the comparison and evaluation of alternative improvements. The LOS procedure will use volume -to- capacity ratio to calculate roadway LOS. Additionally, a variety of other data sets will be collected from the City to assist in the overall development of the plan. Data to be collected includes land use (current and future projections), population, employment, environmental, and any other data applicaible to the project. S.1.d) Task 4 - Travel Demand Modeling and Travel Forecasting This Task involves configuring and updating the existing 1NCOG Travel Demand Model, refining available existing inputs and analysis year forecasts AGREEMIENd FOR EtlEINEERIPo , SER`d10E6, ATTACHMEM 6 D 4 to be consistent with project assumptions and using the revised model to perform traffic forecasts to produce level -of- service performance measures for use in evaluating the benefits of future transportation scenarios and infrastructure investment alternatives. Sub -Task 4.1 - TraveI Demand Model Preparation and Update - The ENGINEER will meet with INCOG to review Travel Durand Model input data to determine if the model data including transportation system descriptions and socioeconomic estimates and forecasts for the base year and each forecast vear are rip to date and consistent with project assumptions. The traffic analysis zone (TAZ) geography will also be reviewed to ensure that the scale and resolution of the zone structure is shown in adequate detail for the analysis being performed in the study. Based upon this evaluation, the ENGINEER will use the existing INCOG base year and 2035 horizon year TAZ, socioeconomic attribute data to interpolate 201.5 and 2025 TAZ socioeconomic attributes for the scenarios being evaluated in the study. Information on new or proposed development that has occurred or is about to occur, based upon the City staffs knowledge of local conditions, will be utilized and incorporated into a revised land use scenario for evaluation of future transportation conditions tinder anticipated growth. To the extent feasible, information from City staff on the growth scenarios and the future transportation system will be used to guide the disaggregation of the INCOG TAZ attributes to a more refined TAZ geography appropriate to the scale of the analysis. Sub -Task 4.2 - Travel Demand Model Calibration and Validation - The ENGINEER will use the data collected in Task 3 including existing traffic volumes, travel speeds, transit ridership and results of existing transit surveys, roadway travel Ianes, socioeconomic data, existing roadway network, and the results of the special generator surveys to calibrate and validate the travel demand model to replicate existing transportation conditions in the Owasso area for the selected Base Year. Validation targets and criteria will be established prior to beginning the calibration process and will be 'based on published national standards such as the TRAVEL MODEL, VALIDATION AND REASONABILITY CHECKING MANUAL, SECOND EDITION (Federal Highway Administration, February 2010.) Sub Task 4.3 Transportation Deficiencies Analysis - Following development of a fully validated and calibrated Base. Year travel demand model covering the City study area, the ENGINEER will use the socioeconomic forecasts developed in Task 41 to prepare multimodal travel . forecasts for each of the identified future milestone years and plan horizon year. To prepare the deficiency analysis, the ENGINEER will carry out the following steps: 4.3.1 Work with the City and INCOG to develop a transportation systern definition for each forecast year based upon the existing system plus committed highway and transit improvements certain to AGREhOENT FOR ENGINCERING SFRViCEs, ATTA(',f,MENT 9 &S be completed and in operation by the respective analysis years. Use this existing plus committed (E +C) scenario to code a multimodal transportation system network reflecting the transportation system that would be in place if no additional transportation system investments were made other than those alreadv committed. 4.3.2 Perform travel demand model runs using the socioeconomic forecasts for each respective analysis year and the E +C scenario network to identify those segments of roadway or transit route components that are anticipated to experience level -of- service deficiencies or performance failures if no further planned improvements are implemented. The results of these runs will be used as the no -build or baseline scenario against which proposed transportation improvements will be compared. B.l.e) Task 5 - Evaluate Future Transportation System This task will "include an iterative multi-modal travel demand modeling process, development of cost estimates, identification of mobility improvements, and evaluation of environmental impacts. Alternative improvements will be prioritized according to the short- and long-term objectives of the study and the feasibility of project implementation. This task will be accomplished with the following subtasks. Sub-Task 5.1 - Identification of Mobility Improvements - Anticipated mobility and access improvements will be identified and modeled to determine their impact in improving the future transportation system. Roadway segments identified with a decreasing quality of level -of- service (LOS) will be investigated to determine if the deficiencies are caused by geometric constraints. Recommendations for improvements will be based on AASHTO's Policy on Geometric Design of Highways and Streets. Sub -Task 5.2 - Travel Demand Modeling - The ENGINEER will code the proposed multimodal mobility improvements into the travel demand model for each forecast year to produce a phased improvement program. The travel demand model will then be run to provide multimodal travel forecasts for each forecast year under the build scenario. The results of these build alternatives will be compared to the E +C scenario to quantify the benefits achieved in terms of level -of- service improvement above the baseline scenario. The performance measures used in the comparison will be selected in conjunction with the City and INCOG to be consistent with the regional, state, and federal performance management goals and performance measures. The future year travel demand model developed in Task 4 will be utilized to evaluate future transportation needs. Quantification of the transportation problems and key issues is an important step in this study because it Provides benchmarks against which the impacts of the tested transportation system alternatives can be measured. AGREERAENT FOR cNGNEERINS SERVICES, ATTACHMENT H H -6 Sub -Task 5.3 - Functional Classification System - A functional classification system will be developed for the City's transportation system. 'the classification system will identify typical cross sections and typical ROW widths. A system map will be produced identifying the City's proposed classification system. Sub -Task 5.4 - Preliminary Cost Estimates - Preliminary cost estimates will be developed for each improvement alternative based on functional classification and unit costs from ODOT's average construction bids. Preliminary right -of -way (ROW) costs will be determined for all alternatives based upon existing data provided by the City using an average ROW cost for the region. Sub -Task 5.5 - Traffic Impact Study /Guidelines - Identify thresholds, standards, and guidelines that would commonly trigger a requirement for a "Traffic Impact Study for new commercial and residential developments. 13.11) Task 6 - Develop Transportation PIan This task involves the preparation of a Draft and Final Transportation Plan to be presented to the City. All study activities will be documented throughout the duration of the project so as to maintain accurate and consistent records of all data collection and forecast activities and alternative assessments and recommendations. Sub -Task 6.1- Prioritization of Improvements - The systematic and detailed analysis used to evaluate potential transportation improvements in Task 5 will provide important information regarding the prioritization of proposed improvements. The analysis will provide a dear systematic evaluation of each scenario, and a recommiended ranking order for the alternative scenarios will be included in the report. This ranking order will be used to prioritize implementation in the short and long -tern horizons, based on demand and feasibility. Preliminary cost estimates will be developed for the identified improvements. Sub -Task 6.2 - Draft Final Report - Throughout the study, all activities will be documented. All data collected will be maintained in an electronic database, which will identify the source and date of each data element. The forecasting methodology and results will be recorded. All alternatives and recommendations will be described and documented. The documentation of study tasks in concurrence with ongoing study activities will allow for efficient integration of study information into the final report. A draft report documenting the methodology findings, and recommendations for the study effort, will be prepared and presented for approval. A proposed outline for the report is as follows: - -1.0 Introduction -- 2.0 Pxistitng Transpoulatian System 3.0 Demographics and Model 4.0 Future Traffic Impacts 5.0 Recommended Transportation Plan AGREEMENT FOR ENGNEERANG SERVICES, ATTACHMENT B © -7 Sub-Task 6.3 - Final Report - After receiving commeFts from the City, TMPC, City Council, and others, a final modified report will be prepared. The final report will be presented to the City Council, TiMPC, and Planning Commtission for final acceptance. AGREEMENT FOR ENGINEERING, SERVICES, A.TTACHNIHNT H s8 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK * ** TRANSPORTATION MASTER PLAN * ** Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records, etc: To furnish, as required by the work, and not at the expense of the ENGINEER: C.11 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT C.1.2 Standard construction drawings and standard specifications C.13 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access_ Provide access to public and private property when required in performance of ENGINEER's services. C3 Staff Assistance: Designate the City Engineer (or another individual designated in writing,) to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachrnnent B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including excavations to deternnine depth, C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review; Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER anti render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. C.5 Task Specific Staff Assistance: Provide the follow =ing assistance specific to the Tasks identified in Attachment B: Task 1 - Perform Project Management Organize the Transportation Master Plan Committee (TItdPC) Secure TIAPC meeting locations and make arrangernents for appropriate accommodations AGREEMENT FOR ENGINEERING SERVICES, ATTACHMENT C C -t Secure City Council workshop meeting location and snake arrangements for appropriate accommodations Task 2 - Public Involvement Place advertisements, copy and distribute mail -outs and print handouts for each Public Meeting. Secure the meeting location and make arrangements for appropriate accommodations, including sound equipment and refreshments, if desired. Provide a minimum of two staff members for the Public Meeting to assist ENGINEER. Task 3 - Data Collection and Existing Conditions Traffic Volumes - Provide available traffic volume counts and make additional counts as requested Functional Classification - Provide a list that identifies the existing functional classification of all roadways to be modeled within the City and roadway conditions Number of Travel Lanes - Identify the number of roadway travel lanes on all roadways to be modeled within the City, provided in the form of a hand - drawn or colored map Speed - Limits - Identify the existing speed limits along roadways to be modeled within the City, provided in the forth of a hand drawn or colored map On- Street Parking - Identify locations of on- street parking along major roadways, such as arterial and collector streets, within the City Roadway Riglut -of- Way - Provide existing right -of -way information on selected roadways, as requested by ENGINEER Accident Data - Provide existing accident data from the City Police Department Planning Data - Provide land use (current and future projections), population, employment, envirormnental, and other pertinent data at the City's disposal Task 4 - Travel Demand Modeling and Travel Forecasting Meet with ENGINEER to discuss new and proposed development that has occurred since 2010 (base year for INCOG Model) AiREENIENTFOR ENGINEERING SERVICES, A.TTACH6AERT C G2 Participate with ENGINEER and INCOG to develop a transportation system definition for each forecast year Task 5 - Evaluate Future Transportation System Review ENGINEER's recommendations for future mobility improvements Task b - Develop Transportation Plan Assist ENGINEER in prioritizing; potential transportation improvements Review Draft Report and provide comments to ENGINEER AGRE_f,,1Z'7T5OR ENGINEERING sERVIGES ATTACFiMENTG c3 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK * *" TRANSPORTATION MASTER PLAN ** Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as (lie work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 'Total Compensation For the work under this project the total maximum billing including direct costs and subconsultant services shall be $197,900.00 which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates: Services of subcontractors and other professional consultants shall be compensated for at actual cost. Use of sub - consultants must be authorized in advance by CITY. D:3 Other Direct Costs D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS_ D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E. D.3.3 Any other direct costs shall be compensated for at actual when authorized in advance by CITY. DA Additional Services: Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services: If this AGREEMENT is terminated, ENGINEER shall be pain for services performed to the effective date of termination. D.6 Conditions of Payment D.6.1 Progress payments shall be 'made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing AvAhin thirty days of ENGINEER'S submittal of his progress payment invoices. AGREEMENT FOR ENG,INEERINC SERVICES. P.ITACHIMEdT 0 D 1 D.6.2 If CI'T'Y fails to make payments clue ENGINEER within sixty clays of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen clays written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, Or if ENGINEER'S services for the PROJECT are delayed or suspended far more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. AGREE% ENT FOR ENOiNEERI.NG,,ERJIGES, ATTAGtivIEPiT D D* AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK *" TRANSPORTATION MASTER PLAN * ** Billing Rate Sheet Attachment E Rate Schedule - C.H. Guernsey & Company Engineering & Environmental Group, 2013 Principal-in-Charge $190 Senior Proiect Staff $129 Project Manager $168 $103 Chemical Engineer $168 $146 $136 Process Engineer $168 $146 $136 Mechanical Engineer $168 $146 $116 Electrical Engineer $168 $146 $116 Civil Engineer $168 $129 $116 Water Resources Planner /Engr $155 $139 $116 Regulatory Compliance Specialist $150 $136 $116 Environmental Engineer $136 $105 $85 Geologist /Hydrogeologist $136 $105 $85 Environmental Scientist/Planner $105 $90 $70 Landscape Architect $139 $118 $95 Ecologist $134 $103 $82 Environmental Compliance Specialist $134 $103 $82 Safety Compliance Specialist $144 $103 $82 Engineer 11 / Engineer Intern $105 $90 $75 Designer $105 $95 $84 Right-of —Way Agent $105 $95 $84 Engineering Technician /CADD $72 $64 $57 Document Control $69 $64 $57 Administrative Support $52 $43 $36 Student Intern - $52 $41 Rakers are adjusted on em aruival basis each January 1st AGKEF.MENT FOP? ENGAEERiNQ SERVICES, ATTACHMENT E E1 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK *`* TRANSPORTATION MASTER PLAN * ** Schedule Attachment F F. SCHEDULE?. The schedule for general engineerigr; services for the PROJECT is provided as follows: F.I. Notice to Proceed: November 1, 2013 E2. Substantial Completion: September 30, 2014 AGREEMENT FOR ENGINEERING SERVICES, ATTACW:"ENT r F9 The CityW it lout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Chelsea M.E. Levo Economic Development Director SUBJECT: Contract Agreement for Economic Development Consulting Services DATE: September 27, 2013 BACKGROUND: Retail development has made Owasso a destination community over the last ten years. Owasso has become a collection point for consumers over a 4,000 square mile area. This consumer draw from a strategically aligned highway system is familiarly known as "the funnel' and creates a customer base of over 400,000 for businesses and retailers. Owasso's retail growth has proven to be a tremendous aid to funding city services. In the last few years, Owasso's primary economic development focus has turned to creating primary, quality jobs. Job growth offering high salaries and benefits will help sustain the retail development, diversify the housing market, and increase quality of life. While we remain steadfast in that pursuit, we recognize opportunities still exist in retail areas which need to be addressed. Such an opportunity surfaced last year. A substantial retail prospect with a large customer draw approached the city through Retail Attractions, a retail development consultant. The prospect indicated they will not advance in their consideration of Owasso as the location of their development unless the city is under contract with Retail Attractions. On August 7, 2012, the City Council approved a one -year contract with Retail Attractions for the amount of $48,000. PROSPECT DEVELOPMENT: Retail Attractions is an economic development firm that specializes in retail development. Rickey Hayes, CEO, is intimately familiar with the dynamics of development. Retail Attractions brings experience, network of contacts, and a concentrated approach to bear immediately on behalf of the client. At the onset of entering into the contract with Retail Attractions, there was no guarantee the aforementioned prospect would locate /develop in Owasso. However, the prospect requested to work only through Retail Attractions and staff believed it was necessary to pursue a contract with Mr. Hayes and Retail Attractions. Following a year under contract with Retail Attractions, staff believes this prospect and others are still valuable pursuits and would like to continue to work with this consulting firm. Some accomplishments of note follow: • Provided the city up -to -date market data from two national sources. Market data was updated for the third time since the City of Owasso has contracted with Retail Attractions, with the very latest 2013 [1 st quarter 2013] data in place. • Provided information and data on Owasso development sites. Traveled to meetings with 202 development groups across the country discussing the Owasso market. • Hosted meetings and traveled to meetings with 121 different retailers and 42 different full service restaurants discussing Owasso market and retail prospect. • Represented the City of Owasso at three ICSC (International Council of Shopping Center Events) in Las Vegas, Dallas, and Oklahoma City, as well as one Retail Live! event in Austin, TX. e Hosted meetings with b groups of outlet developers. The staff views this contract as a calculated investment that could produce an excellent return for the citizens of Owasso in terms of both sales tax and additional shopping opportunities. Additionally, a development of this nature would significantly expand the already large amount of out -of -town shoppers creating a greater ratio of sales tax revenue -to- population. A lot of ground work has been laid on this project; relationships have been built; and staff believes it will be a good investment to continue the contract with Retail Attractions. FUNDING: Funding has been appropriated in the FY 2013 -2014 budget in the Economic Development portion of the Hotel Tax Fund, OWASSO ECONOMIC DEVELOPMENT AUTHORITY: The Owasso Economic Development Authority reviewed the contract at their meeting on September 12, 2013 and took action to recommend City Council approval to renew a one -year contract with Retail Attractions. RECOMMENDATION: Staff recommends City Council approval to renew a one -year contract with Retail Attractions in the amount of $48,000 and authorization for the Interim City Manager to execute the contract. Ey"TroMiXT M. 1. Contract CONTRACT AGREEMENT FOR ECONOMIC DEVELOPMENT CONSULTING SERVICES STATE OF OKLAHOMA § TULSA COUNTY § PART I. PARTIES THIS AGREEMENT is made on the day of in the year 2013, between the CITY OF OWASSO, hereinafter called the CITY, and RETAIL ATTRACTIONS, LLC, hereinafter called the CONSULTANT for consulting services in an effort to attract "high -end destination retailers and restaurants" and other sales tax producing commercial entities to the CITY, subject to the terms and conditions specified in this Agreement. PART II. TERM OF AGREEMENT CITY intends to contract CONSULTANT for professional economic development consulting services for a TWELVE (12) month period commencing on the first (1') day following the date this Agreement is executed. This Agreement may be renewed for an additional twelve (12) month period upon the fees, terms and conditions agreed to in writing by both parties. However, CITY or CONSULTANT may terminate this Agreement as described in Part VII, Paragraph 1. PART III. SCOPE OF SERVICES CONSULTANT shall provide the following Services: 1. Research, identify, and validate Owasso, Oklahoma retail trade area market and retail potential. This information will be presented in a bound report providing trade area information, opportunity gap (retail leakage) data, and a synopsis of market dynamics. 2. Prepare a focused marketing piece for our use to highlight the key demographics and attributes of the Owasso trade area. This marketing material will include a map of the Owasso trade area and will be used to introduce (and re- introduce) Owasso to our extensive network of developers and retailers. 3. Will use CONSULTANT's broad -based experience and knowledge of incentives and their practical application to craft incentives that make sense for CITY, meet developer's needs and truly encourage new business development. CONSULTANT will work with CITY staff to develop incentive packages that are advantageous for both parties. 4. Will consult with CITY staff and /or designated official(s) to identify target retailers that will meet the long term needs of the CITY and response to the retail leakage identified. Our strategy is to target "destination" retail entities that will draw consumers from the entire trade area. 5. Will actively recruit target retailers identified and approved by CITY and supported by data. Recruitment efforts will be through personal contact, mail, email, International Council of Shopping Centers ( "ICSC ") events, and development/industry contacts continually throughout the term of this contract. 6. When timing indicates a deal with a target retailer is imminent or when target retailers response indicates the need to intensify our efforts, our plan is to transport key personnel to Owasso for meetings with CITY staff which CONSULTANT will be available to mediate. 7. Will provide information to our extensive network of developers to create interest in the Owasso retail market, define development opportunities and coordinate /attend meetings with city and developers. 8. Will represent the CITY at the May 2014 ICSC RECON show in Las Vegas as well as ICSC regional conference in Dallas in November 2013, as well as other regional conferences such as RetailLive!, and other ICSC events as needed. 9. Will provide monthly updates to designated contact. 10.Will develop specialized marketing materials, web updates or retail specific web sites in a timely manner at an agreed upon cost for each request outside the scope of services for this contract. Marketing materials, other than the materials specified in Part III sec 1 -2, web updates, web sites, etc. are not included in this scope of work. Amendments to the above Scope of Services may be made as necessary, provided that such Amendments are agreed to in writing by both parties. 2 PART IV. CONSULTANT'S FEES CITY shall pay CONSULTANT for the Scope of Services described in Part III as follows: 1. Commencing on the first (1s) month of the Agreement through the twelfth (12th) month, CITY shall pay CONSULTANT, no later than the tenth (10th) day of each month, FOUR THOUSAND DOLLARS and 001THS ($4,000.00). 2. CITY will reimburse CONSULTANT for the expenses of any required travel outside the normal scope of work. This clause is specific to travel outside ICSC events and other travel that is covered under the scope of work of this proposal and pertains to travel when on specific City of Owasso business, Before each trip departure, CONSULTANT shall present to CITY for its approval a written summary of the purpose and goals for the trip, together with an itemized expense spreadsheet. In no event shall CONSULTANT "S expenses exceed the IRS daily per diem reimbursement. PART V. CITY'S RESPONSIBILITIES CITY shall: 1. Assist CONSULTANT by placing at his disposal all available pertinent information, including previous reports and any other data, relative to CONSULTANT's Scope of Services. 2. Furnish to CONSULTANT, as required for performance of CONSULTANT'S Scope of Services (except to the extent provided otherwise in such Amendments as may hereafter be added to this Agreement), data prepared by CITY or obtained by CITY through prior marketing agreements. 3. CITY represents that CONSULTANT shall be entitled to rely on the accuracy and completeness of any documents or other materials provided by CITY to CONSULTANT; and that CONSULTANT's use of such documents and materials will not infringe upon any third parties' rights. 4. Arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform his services. 5. Designate one or more representatives authorized to act in the CITY'S behalf with respect to the Agreement. CITY or such authorized representative(s) shall examine the documents submitted by the CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S Services except for those decisions or actions that must go before the Owasso City Council for approval. PART VI. NOTICES Reports and notices shall be made by CONSULTANT to CITY'S representative: Mr. Warren Lehr Interim City Manager City of Owasso, Oklahoma 111 North Main Owasso, Ok 74055 with a copy to: Ms. Julie Lombardi City Attorney City of Owasso, Oklahoma 111 North Main Owasso, Ok 74055 Reports and notices shall be made by CITY to CONSULTANT'S representative: Mr. Rickey Hayes CEO Retail Attractions, LLC 12150 East 96th Street, Suite 202 Owasso, OK 74055 PART VII. MISCELLANEOUS PROVISIONS 1. Termination and Suspension. This Agreement may be terminated by either party for convenience or for cause, however, the terminating party must provide the other party no less than sixty (60) days prior, written notification of intent to terminate the Agreement. CITY shall pay CONSULTANT for all the Services performed up to the date of termination. The provisions of this Article shall also apply to each individual Amendment, separate and apart from any other Amendments, and without terminating or otherwise affecting this Agreement as a whole. 4 2. Ownership of Documents. Original documents developed in connection with services performed hereunder belong to, and remain the property of CITY. CONSULTANT shall store the originals and may retain reproducible copies of such documents. All documents, including computer software prepared by CONSULTANT pursuant to this Agreement are instruments of service. They are not intended or represented to be suitable for reuse by CITY or others on modifications or extensions of the Project or on any other project. Any reuse without prior written verification or adaptation by CONSULTANT for the specific purpose intended will be at CITY's sole risk and without liability or legal exposure to CONSULTANT. CITY shall hold harmless CONSULTANT and its sub - consultants, if any, against all judgments, losses, damages, injuries, and expenses, including reasonable attorneys' fees, arising out of or resulting from such reuse. 3. Successors and Assigns CITY and CONSULTANT each binds himself and his partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns and legal representatives of such other party in respect to all covenants, agreements, and obligations of this Agreement. Neither CITY nor CONSULTANT shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent CONSULTANT from employing such independent consultants, associates and sub - contractors as he may deem appropriate to assist him in the performance of services hereunder. 4. Relation of Parties. The parties to this Agreement shall not constitute nor create an employer /employee relationship. CONSULTANT is an independent contractor responsible for all obligations relating to federal income tax, self - employment Medicare and FICA taxes and contributions and all other employer taxes and contributions. 5. Controlling Law. This agreement is to be governed by the Laws of the State of Oklahoma. Venue shall be in Tulsa County, Oklahoma. 6. Approval Not Waiver. Approval by CITY shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, CONSULTANT'S employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, specifications or other G documents and work, nor shall that approval be deemed to be an assumption of that responsibility by the CITY for any defect in the designs, working drawings, and specifications or other documents prepared by the CONSULTANT, CONSULTANT'S employees, subcontractors, agents and consultants. 7. Compliance with Applicable Law. CONSULTANT, CONSULTANT'S consultants, agents, employees, and subcontractors shall comply with all applicable federal and state laws, the charter and ordinances of the City of Owasso and with all applicable rules and regulations promulgated by all local, state and national boards, bureaus, and agencies. CONSULTANT shall further obtain all permits and licenses required in the preparation of the work contracted for in any Amendments to this Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CITY: CITY OF OWASSO, OKLAHOMA is Warren Lehr, Interim City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 6 CONSULTANT: RETAIL ATTRACTIONS, LLC Rickey Hayes, CEO The ow-o'ut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Resolution 2013 -16 Settlement Conference in Larissa Darnabv v. The Citv of Owasso DATE: September 27, 2013 BACKGROUND: This is an employment law action in which the Plaintiff claims she was unlawfully terminated by the City of Owasso. Specifically, the Plaintiff contends that her termination violated The Americans with Disabilities Act, the Family Medical Leave Act and Title VII of the Civil Rights Act of 1964 (alleging gender -based discrimination). Plaintiff additionally alleges that she was subjected to a hostile work environment, that emotional distress was intentionally inflicted upon her and that she incurred retaliation when she made complaints regarding her work environment. The Federal Code of Civil Procedure requires attendance at a settlement conference by a person vested with full settlement authority on behalf of any organization or entity named as a party in a federal lawsuit. Although a representative cannot be compelled to settle a case, all parties are required by the Court to confer full settlement authority upon a representative to be used at the representative's discretion during the settlement conference. The Court has issued an order in this case scheduling a settlement conference for the Plaintiff, the Defendant and their respective attorneys on October 2, 2013, at the federal courthouse, and has compelled attendance and participation by all parties. Consequently, it is necessary for the City of Owasso to designate a representative to attend the settlement conference on behalf of the City and to additionally confer full and final settlement authority in this litigation upon that representative. RECOMMENDATION Staff recommends the City Council designate the Interim City Manager, Warren Lehr, as the City's authorized settlement representative for the settlement conference in the case of Larissa Darnabv v. City of Owasso, and additionally confer full and final settlement authority upon the Interim City Manager in this matter through approval of proposed Resolution 2013 -16 memorializing the same. ATTACHMENT: Resolution 2013 -16 OWASSO CITY COUNCIL RESOLUTION NO. 2013 -16 A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, DESIGNATING THE INTERIM CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE SCHEDULED TO BE HELD ON OCTOBER 2, 2013, IN THE LITIGATION STYLED LARISSA DARNABY v. CITY OF OWASSO_ AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS LITIGATION MATTER TO THE INTERIM CITY MANAGER. WHEREAS: The City of Owasso is a Defendant in litigation currently filed in the United States District Court for the Northern District of Oklahoma captioned as Larissa Darnaby v. City of Owasso, United States District Court for the Northern District of Oklahoma, Case No. 12 -CV- 059- GKF -TLW, and, WHEREAS: The Defendant has been ordered to attend a settlement conference by the Court to occur on the 2nd day of October, 2013, at the United States Courthouse in Tulsa, Oklahoma, and to bring an authorized representative possessing full and final settlement authority to be used at his or her discretion during the settlement conference, and, WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the Interim City Manager, Warren Lehr, and additionally designate the Interim City Manager as the City's representative for the settlement conference. THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Warren Lehr, in his capacity as Interim City Manager, is hereby designated as the settlement representative for the City of Owasso for purposes of the above - described settlement conference, AND, BE IT FURTHER RESOLVED THAT: Warren Lehr is hereby vested with full and final settlement authority on behalf of the City of Owasso in the above - styled litigation matter. APPROVED AND ADOPTED this i st day of October, 2013, by the City Council of the City of Owasso, Oklahoma. Doug Bonebrake, Mayor ATTEST: Juliann M. Stevens, Deputy City Clerk