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Home My WebLink About2015.03.03_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE RECEIVED OWASSO CITY COUNCIL FEB 101 jI Council Chambers, Old Central Building Clem 's ICe 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, March 3, 2015 - 6:30 pm 1. Call to Order Mayor Jeri Moberly 2. Invocation Pastor Bill Ascol of Bethel Baptist Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Persuasiveness Scott Pallett, Character Council Member 6. 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. Approve minutes - February 17, 2015 Regular Meeting B. Approve claims C. Approve the Agreement for Administration of the Sales and Use Tax Ordinances with the Oklahoma Tax Commission D. Accept water infrastructure improvements at Sprouts Farmers Market located at 9601 N 133rd E Ave E. Approve Agreements for Urban Engineering Services (Engineers Agreement): • Khoury Engineering, Inc., for sanitary sewer main extension to serve K -MAC Owasso (Taco Bell) and future lot • Khoury Engineering, Inc., for access road and drainage improvements for Taco Bell • Crafton, Tull & Associates, Inc., for streets, grading, detention, storm and sanitary sewer extension for Hickory Creek Phase II 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to acceptance of the FY 2013 -2014 Street Rehabilitation Project and authorization for final payment Earl Farris Staff recommends acceptance of the project and authorization for final payment to Tri -Star Construction in the amount of $55,519.64 resulting in a final contract amount of $760,652.15. 9. Consideration and appropriate action relating to the FY 2015 Street Rehabilitation Project Dwayne Henderson Staff recommends awarding the bid to BECCO Construction of Tulsa, Oklahoma to include the base project and additive alternate in the amount of $972,418.50. Owasso City Council March 3, 2015 Page 2 10. Consideration and appropriate action relating to Ordinance No. 1049 amending Part 17, Chapter 3, of the City of Owasso Code of Ordinances by enacting Section 17 -305, establishing an assessment area for construction of the Ranch Creek Sewer Interceptor Improvements Sherry Bishop Staff recommends approval of Ordinance No. 1049. 11. Report from City Manager • Monthly Public Works Project Status Report 12. Report from City Attorney 13. Report from City Councilors 14. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 15. Adjournment Notice of Public Meeting filed in the office of the City Clerk and Agenda posted at City Hall bulletin board at 6:00 pm on Friday, February 27, 2015. A� Sherry Bishol , City Clerk OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, February 17, 2015 The Owasso City Council met in regular session on Tuesday, February 17, 2015 in the Council Chambers at Old Central, 109 N Birch, Owasso, Oklahoma 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 pm on Friday, February 13, 2015. 1. Call to Order Mayor Jeri Moberly called the meeting to order at 6:31 pm. 2. Invocation The invocation was offered by Reverend Dr. Andrew Rankin of Freedom Church. 3. Flag Salute Councilor Bush led the flag salute. 4. Roll Call Present Absent Mayor -Jeri Moberly None Vice - Mayor - Lyndell Dunn Councilor- Doug Bonebrake Councilor - Bill Bush Councilor - Chris Kelley A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi S. Presentation of a Donation from Royal Salon & Spa to the City This item was deferred to later in the meeting. 6. 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. Approve minutes • February 3, 2015 Regular Meeting • February 10, 2015 Regular Meeting B. Approve claims C. Receive monthly budget status report D. Accept street and water infrastructure improvements at Owasso Industrial Park Phase I and Phase II E. Accept the Royal Salon & Spa donation and approve a budget amendment in the General Fund, increasing the estimated revenue by $2,000 and increasing the appropriation for expenditures by $1,000 in the Police department and $1,000 in the Fire department F. Accept the District Attorney Revolving Drug Fund disbursement and approve a budget amendment in the General Fund, increasing the estimated revenue and increasing the appropriation for expenditures in the Police department by $6,000 Owasso City Council February 17, 2015 Page 2 Mr. Bonebrake moved, seconded by Mr. Dunn to approve the Consent Agenda with claims totaling $196,282.03. Also, included for review were the self - insurance claims report and payroll report for 02/07/15. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 Consideration and appropriate action relating to items removed from the Consent Agenda None 8. Consideration and appropriate action relating to the final plat of Hickory Creek II located at the northwest corner of the intersection of E 66th St N and N 129th E Ave Bronce Stephenson presented the item recommending approval of the Final Plat for Hickory Creek II. After discussion, Dr. Kelley moved, seconded by Mr. Bonebrake to approve the Final Plat of Hickory Creek II. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 9. Consideration and appropriate action relating to approval of a budget amendment in the General Fund, increasing the appropriation for expenditures by $283,420 in the Police department Michele Dempster presented the item recommending approval of a budget amendment for back pay and benefits awarded Michael Denton upon reinstatement. After discussion, Dr. Kelley moved, seconded by Mr. Dunn to approve the budget amendment, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to Ordinance No. 1047, amending the Use Tax increasing the rate to three and one -half percent (3 1/2 %) John Feary presented the item recommending approval of Ordinance No. 1047. After discussion, Mr. Bush moved, seconded by Mr. Dunn to approve Ordinance No. 1047, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 The Mayor took up agenda item 5 at this time. 5. Presentation of a Donation from Royal Salon 8 Spa to the City Mayor Moberly introduced Jimmy Nguyen, owner of Royal Salon & Spa, who presented a $2,000 donation to the city for the benefit of the police and fire departments. 11. Consideration and appropriate action relating to Ordinance No. 1048, repealing the Public Safety Capital Fund and reducing the fee by three dollars ($3.00) per month Sherry Bishop presented the item recommending approval of Ordinance No. 1048. After discussion, Mr. Bonebrake moved, seconded by Mr. Bush to approve Ordinance No. 1048, as recommended. Owasso City Council February 17, 2015 Page 3 YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 12. Report from City Manager Mr. Lehr provided a reminder of the upcoming election on March 3, 2015 and thanked the Public Works staff for their diligence during the recent winter storm. 13. Report from City Attorney None 14. Report from City Councilors Councilors thanked Public Works staff for their efforts during the recent winter storm. 15. New Business None 16. Adjournment Mr. Bonebrake moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried 5 -0 and the meeting adjourned at 6:57 pm. Jeri Moberly, Mayor Lisa Wilson, Minute Clerk Claims List 3/3/2015 Budget Unit Title Vendor Name Payable Description Payment Amount GENERAL RAUSCH COLEMAN HOMES BUILDING PERMIT REFUND 201.50 RAUSCH COLEMAN HOMES BUILDING PERMIT REFUND 85.00 RAUSCH COLEMAN HOMES BUILDING PERMIT REFUND 85.00 RAUSCH COLEMAN HOMES BUILDING PERMIT REFUND 4.00 RAUSCH COLEMAN HOMES BUILDING PERMIT REFUND 4.00 RAUSCH COLEMAN HOMES BUILDING PERMIT REFUND 4.00 RAUSCH COLEMAN HOMES BUILDING PERMIT REFUND 4.00 RAUSCH COLEMAN HOMES BUILDING PERMIT REFUND 85.00 RAUSCH COLEMAN HOMES BUILDING PERMIT REFUND 168.00 TREASURER PETTY CASH CC REFUND /MCCORD 50.00 TREASURER PETTY CASH CC REFUND /JOHNSON 50.00 TREASURER PETTY CASH CC REFUND /OK AA STATE 50.00 TREASURER PETTY CASH CC REFUNDNASQUEZ 50.00 TREASURER PETTY CASH JOC REFUND /MILLER 250.00 TOTAL GENERAL 1,090.50 MUNICIPAL COURT OKLAHOMA MUNICIPAL COURT CLERKS IDISTRICT 2 WORKSHOP 100.00 TOTAL MUNICIPAL COURT 100.00 MANAGERIAL SAV -ON PRINTING & SIGNS LLC BUSINESS CARDS /FEARY 30.00 JPMORGAN CHASE BANK MEETING EXPENSE 100.00 JPMORGAN CHASE BANK PIKEPASS -FEES 8.25 JPMORGAN CHASE BANK MEETING EXPENSE 34.72 JPMORGAN CHASE BANK SAMS CLUB - PLATES 21.96 JPMORGAN CHASE BANK OWASSO CHAMBER- REGISTRATI 550.00 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 8.98 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 8.98 BAILEY RANCH GOLF CLUB ICAPITAL IMPROVEMENT COMM] 35.00 TOTAL MANAGERIAL 797.89 FINANCE JPMORGAN CHASE BANK AMAZON -BOOK 7.44 JPMORGAN CHASE BANK SKILLPATH- CONFERENCE 299.00 JPMORGAN CHASE BANK SKILLPATH- TRAINING BOOK 34.00 JPMORGAN CHASE BANK AMAZON -BOOK 11.99 TOTAL FINANCE 352.43 HUMAN RESOURCES JPMORGAN CHASE BANK NEIGHBOR NEWS- ADVERTISING 160.30 JPMORGAN CHASE BANK EMPLOYEE DEVELOPMENT 79.92 JPMORGAN CHASE BANK AMAZON -HARD DRIVE 127.99 JPMORGAN CHASE BANK TULSA WORLD - ADVERTISING 2,518.60 JPMORGAN CHASE BANK DELL -HR DIRECTOR LAPTOP 1,110.76 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 227.00 SHREDDERS, INC ON-SITE SHREDDING 135.00 Page 1 Claims List 3/3/2015 Budget Unit Title Vendor Name I Payable Description Payment Amount HUMAN RESOURCES... JINTERNATIONAL PUBLIC MGMTASSOCIATI JIPMA DUES 149.00 TOTAL HUMAN RESOURCES 4,508.57 HR - CHARACTER INITIATIVE JPMORGAN CHASE BANK CHARACTER INITIATIVE 128.00 TOTAL HR- CHARACTER INITIATIVE 128.00 GENERAL GOVERNMENT JPMORGAN CHASE BANK SAMSCLUB- TOWELS 26.52 ROSENSTEIN, FIST, & RINGOLD INC. PERSONNEL INVESTIGATI 7,002.80 RICOH USA, INC. COPY SERVICES 104.30 TULSA COFFEE SERVICE INC OPERATING SUPPLIES 117.75 MCAFEE & TAFT GENERAL LEGAL MATTER 230.00 MCAFEE & TAFT LEGAL - DENTON 23.00 MCAFEE & TAFT LEGAL - ARBITRATION 184.00 CINTAS CORPORATION CARPET CLEANING CITY HALL 61.31 COMMUNITY PUBLISHERS INC PUBLICATION, LEGAL NOTICE 1,032.00 MAILROOM FINANCE INC POSTAGE 1,000.00 JPMORGAN CHASE BANK ADMIRAL EXP -PAPER 57.98 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 28.99 AEP /PSO JELECTRIC USE 3,062.23 TOTAL GENERAL GOVERNMENT 12,930.88 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK HOBBY LOBBY- SUPPLIES 27.05 JPMORGAN CHASE BANK HOBBY LOBBY - SUPPLIES 50.74 COMMUNITY PUBLISHERS INC LEGAL NOTICE FOR DOWNTOWN 113.40 JPMORGAN CHASE BANK HOBBY LOBBY - SUPPLIES 81.66 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 36.58 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 46.22 JPMORGAN CHASE BANK SAMS CLUB-SUPPLIES 24.16 TOTAL COMMUNITY DEVELOPMENT 379.81 ENGINEERING UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 UNITED STATES CELLULAR CORPORATION PW CELL PHONES 56.51 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 TOTAL ENGINEERING 95.63 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK HOSTICA.COM- HOSTING 21.78 JPMORGAN CHASE BANK SAV ON- BUSINESS CARDS 30.00 SPOK, INC. PAGER USE 8.88 TOTAL INFORMATION TECHNOLOGY 60.66 SUPPORT SERVICES UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.15 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.15 Page 2 Claims List 3/3/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount SUPPORT SERVICES... SPOK, INC. PAGER USE 8.88 JPMORGAN CHASE BANK NENA- ANNUAL DUES 137.00 JPMORGAN CHASE BANK LOWES -WET FLOOR SIGNS 32.24 JPMORGAN CHASE BANK LOCKE SUPPLY - REPAIR PART 4.04 JPMORGAN CHASE BANK LOWES -KEYS 3.74 JPMORGAN CHASE BANK MAC SYSTEMS - INSPECTION 574.00 JPMORGAN CHASE BANK LOWES- REPAIR PARTS 120.53 JPMORGAN CHASE BANK LOWES- FILTER 4.73 JPMORGAN CHASE BANK AMAZON -RF ADAPTER 7.69 JPMORGAN CHASE BANK LOWES -WATER DEFLECTOR 40.03 JPMORGAN CHASE BANK LOWES -SPOUT DRAIN PIPE 63.55 JPMORGAN CHASE BANK UPS STORE - SHIPPING 23.63 JPMORGAN CHASE BANK HAMBRICK- GASKET KIT 452.71 JPMORGAN CHASE BANK KAMAN - BEARINGS 7.99 JPMORGAN CHASE BANK LOWES- REPAIR PART 9.74 JPMORGAN CHASE BANK AMAZON -RADIO TEST CABLE 14.04 JPMORGAN CHASE BANK LOWES- SPRAYER 80.72 JPMORGAN CHASE BANK SAMS CLUB- GLOVES 19.98 JPMORGAN CHASE BANK APCO- ANNUAL DUES 92.00 JPMORGAN CHASE BANK TULSA CLEANING -PARTS 26.80 JPMORGAN CHASE BANK LOCKE -HOT WTR REPAIR PART 17.81 JPMORGAN CHASE BANK SAMS CLUB- SUPPLIES 282.13 JPMORGAN CHASE BANK COX - INTERNET 69.95 TOTAL SUPPORT SERVICES 2,130.23 CEMETERY AEP /PSO JELECTRIC USE 40.81 TOTAL CEMETERY 40.81 POLICE SERVICES JPMORGAN CHASE BANK THOMSON -CLEAR ACCESS 192.69 JPMORGAN CHASE BANK ARMORER TRAINING /KITCH 675.00 JPMORGAN CHASE BANK ARMORER TRAINING /JOKE 675.00 JPMORGAN CHASE BANK SOME'S- SUPPLIES 38.00 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 43.20 JPMORGAN CHASE BANK BOB HURLEY -CNG SYS PARTS 2,145.00 JPMORGAN CHASE BANK BOB HURLEY -CNG SYS REMOVA 1,515.00 PERFORMANCE K -9 LLC K9 OFFICER 5,500.00 JPMORGAN CHASE BANK HILLS PET -FOOD 81.72 JPMORGAN CHASE BANK HILLS PET -FOOD 72.06 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM ITEMS 174.99 JPMORGAN CHASE BANK ULTRA MAX- AMMUNITION 1,284.00 JPMORGAN CHASE BANK LOWES- SUPPLIES 151.81 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 39.87 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 92.52 JPMORGAN CHASE BANK IHOBBY LOBBY - SUPPLIES 76.99 Page 3 Claims List 3/3/2015 Budget Unit Title Vendor Name Payable Description Payment Amount POLICE SERVICES... JPMORGAN CHASE BANK BADGE &WALLETCOM - SUPPLIES 10.80 JPMORGAN CHASE BANK CHIEF SUPPLY-SUPPLIES 106.94 JPMORGAN CHASE BANK SPECIAL OPS -VEST 348.25 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 4.94 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 25.88 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 18.46 JPMORGAN CHASE BANK IACP- ANNUAL DUES 150.00 JPMORGAN CHASE BANK IACP- ANNUAL DUES 150.00 JPMORGAN CHASE BANK USPS- SHIPPING 15.72 JPMORGAN CHASE BANK FAMILY MED -VET SERVICES 546.12 JPMORGAN CHASE BANK LOWES- SUPPLIES 28.45 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 172.40 JPMORGAN CHASE BANK OFFICE DEPOT -TONER 106.69 JPMORGAN CHASE BANK BOUND TREE- RETURN -11.37 PERFORMANCE K -9 LLC K9 OFFICER TRAINING 3,000.00 RICH & CARTMILL NOTARY RENEWAL HARPER 30.00 JPMORGAN CHASE BANK KERBOS FRAME SHOP - SUPPLIE 204.24 SPOK, INC. PAGER USE 35.52 JPMORGAN CHASE BANK VIEVU- CAMERAS 250.00 JPMORGAN CHASE BANK GALLS- RETURN -99.44 AEP /PSO ELECTRIC USE 1,724.88 JPMORGAN CHASE BANK USPS- SHIPPING 7.40 COUNCIL ON LAW ENFORCEMENT EDUCATIO1 DEFENSIVE TACTICS TRAININ 160.00 TOTAL POLICE SERVICES 19,743.73 POLICE - DOJ VEST GRANT JPMORGAN CHASE BANK ISPECIAL OPS -VEST 348.25 TOTAL POLICE - DOJ VEST GRANT 348.25 DOJ POLICE CAMERAS JPMORGAN CHASE BANK VIEVU -BODY CAMERAS 8,900.00 TOTAL DOJ POLICE CAMERAS 8,900.00 POLICE COMMUNICATIONS AEP /PSO ELECTRIC USE 157.10 JPMORGAN CHASE BANK OFFICE DEPOT - TONERS 226.96 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 31.38 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 249.90 JPMORGAN CHASE BANK AMAZON -VIDEO CABLES 33.98 JPMORGAN CHASE BANK APCO- DISPATCH TRAINING 429.00 JPMORGAN CHASE BANK APCO- DISPATCH TRAINING 399.00 JPMORGAN CHASE BANK SAMSCLUB- PRISONER BOARD 93.33 JPMORGAN CHASE BANK WALMART - PRISONER BOARD 25.50 JPMORGAN CHASE BANK WALMART- PRISONER BOARD 113.04 JPMORGAN CHASE BANK WALMART- PRISONER BOARD 55.45 Page 4 Claims List 3/3/2015 Budget Unit Title I Vendor Name Payable Description IPaymentAmount TOTAL POLICE COMMUNICATIONS 1,814.64 ANIMAL CONTROL JPMORGAN CHASE BANK ZOETIS- SUPPLIES 349.00 JPMORGAN CHASE BANK SEW IT- TAILORING 17.00 JPMORGAN CHASE BANK FLAGS UNLIMITED - SUPPLIES 121.27 JPMORGAN CHASE BANK SEW IT -AC UNIFORMS 25.00 JPMORGAN CHASE BANK ADVANCE AUTO -AC SUPPLIES 26.96 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 21.76 AT &T LONG DISTANCE LONG DISTANCE PHONE BILL 23.48 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 11.39 JPMORGAN CHASE BANK PINPEOPLE -AC UNIFORMS 16.97 JPMORGAN CHASE BANK LOWESSUPPLIES 200.05 JPMORGAN CHASE BANK HARBOR FREIGHT -TAX REFUND -5.72 JPMORGAN CHASE BANK BLUEGRASS UNIFORMS - RETURN -4.95 JPMORGAN CHASE BANK LOWES- SUPPLIES 14.71 JPMORGAN CHASE BANK SOUTHERN AG- SUPPLIES 7.98 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 58.25 JPMORGAN CHASE BANK SOUTHERN AG- SUPPLIES 20.90 JPMORGAN CHASE BANK SIGNALGUYS.COM- SUPPLIES 77.46 JPMORGAN CHASE BANK RADIOSHACK- SUPPLIES 9.91 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 16.97 AEP /PSO ELECTRIC USE 479.19 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 32.98 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 38.16 JPMORGAN CHASE BANK MARKETPLACE - SUPPLIES 12935 JPMORGAN CHASE BANK MEDVET - SUPPLIES 41.50 TOTAL ANIMAL CONTROL 1,729.57 FIRE SERVICES JPMORGAN CHASE BANK INDUST TRUCK -BODY REPAIRS 9,614.70 AEP /PSO ELECTRIC USE 2,210.79 JPMORGAN CHASE BANK LOWES -PARTS 8.52 JPMORGAN CHASE BANK TRAVELEXPENSE 9.65 JPMORGAN CHASE BANK CEEL - SUBSCRIPTION RENEWAL 159.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 11.00 JPMORGAN CHASE BANK WILLIAMS PLUMBING - REPAIRS 95.00 JPMORGAN CHASE BANK OK POLICE SUPPLY- APPAREL 105.00 JPMORGAN CHASE BANK PIKEPASS -FEES 23.30 AT &T LONG DISTANCE LONG DISTANCE PHONE BILL 134.92 JPMORGAN CHASE BANK TRAVEL EXPENSE 9.64 JPMORGAN CHASE BANK FIRE SERVICE - TRAINING 270.00 JPMORGAN CHASE BANK GRAINGER- REPAIRS 167.73 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 39.41 JPMORGAN CHASE BANK SAMS CLUB- SUPPLIES 17.98 JPMORGAN CHASE BANK IDRY CLEANING -UNIF SERVICE 58.04 Page 5 Claims List 3/3/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount FIRE SERVICES... JPMORGAN CHASE BANK LOWES- SUPPLIES 9.96 JPMORGAN CHASE BANK TRAVEL EXPENSE 8.68 JPMORGAN CHASE BANK LOWES -PARTS 13.87 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 83.99 JPMORGAN CHASE BANK LOCKE -CORD REEL - 26.21 JPMORGAN CHASE BANK FASTENAL -PARTS 8.36 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM 55.96 JPMORGAN CHASE BANK OREILLYS -PARTS 8.14 JPMORGAN CHASE BANK OREILLYS -PARTS 8.14 JPMORGAN CHASE BANK OREILLYS -PARTS 13.98 JPMORGAN CHASE BANK OREILLYS -PART 2.49 JPMORGAN CHASE BANK OREILLYS -PARTS 41.60 JPMORGAN CHASE BANK TRAVEL EXPENSE 48.15 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 16.45 JPMORGAN CHASE BANK PAUL CONWAY -VEH LETTERING 770.19 JPMORGAN CHASE BANK AIR CLEAN TECH -PARTS 203.17 NORTHERN SAFETY COMPANY, INC. SCBA REPAIR 20.57 NORTHERN SAFETY COMPANY, INC. SCBAREPAIR 614.25 JPMORGAN CHASE BANK TRAVEL EXPENSE 8.56 JPMORGAN CHASE BANK ADVANCE AUTO - SUPPLIES 5.18 JPMORGAN CHASE BANK LOWES-SUPPLIES 4.42 TOTAL FIRE SERVICES 14,907.00 EMERGENCY PREPAREDNES AEP /PSO JELECTRIC USE 110.09 TOTAL EMERGENCY PREPAREDNESS 110.09 STREETS AEP IPSO ELECTRIC USE 1,582.17 JPMORGAN CHASE BANK ATWOODS -TOOLS 42.95 SIGNALTEK INC TRAFFIC SIGNAL MAINTENANC 2,656.92 UNIFIRST HOLDINGS LP UNIFORM CLEANING 39.35 JPMORGAN CHASE BANK NSC -SCBA MASK FIT TESTING 249.40 JPMORGAN CHASE BANK OREILLYS- HYDRAULIC FLUID 79.98 JPMORGAN CHASE BANK GRAINGER -PPE 13.15 JPMORGAN CHASE BANK OREILLYS- GREASE 59.77 JPMORGAN CHASE BANK OREILLY -MISC SUPPLIES 86.11 JPMORGAN CHASE BANK INTERSTATE - BATTERY 46.00 JPMORGAN CHASE BANK WALMART- ANTIFREEZE 22.00 JPMORGAN CHASE BANK GRAINGER- BEARINGS 116.06 TWIN CITIES READY MIX, INC CONCRETE 2,436.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING 44.05 JPMORGAN CHASE BANK EZ GO -CNG FUEL 11.05 JPMORGAN CHASE BANK EZ GO -CNG FUEL 3.41 JPMORGAN CHASE BANK LOWES -TOOLS 44.14 SPOK, INC. I PAGER USE 144,54 Page 6 Claims List 3!312015 Budget Unit Title Vendor Name Payable Description PaymentAmount STREETS... JPMORGAN CHASE BANK AMAZON - BATTERY BACKUP 64.99 JPMORGAN CHASE BANK VANCE BROS -TACK OIL 34.00 JPMORGAN CHASE BANK BUMPER2BUMPER- ANITFREEZE 27.50 TOTAL STREETS 7,803.54 STORMWATER JPMORGAN CHASE BANK LOWES- MATERIALS - 172.71 JPMORGAN CHASE BANK FASTENAL- FABRICATION TOOL 22.92 JPMORGAN CHASE BANK AMAZON- BATTERY BACKUP 64.99 JPMORGAN CHASE BANK LOWES- RETURN - 159.46 SPOK, INC. PAGER USE 43.52 UNIFIRST HOLDINGS LP UNIFORM CLEANING 27.01 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 10.00 ZEE MEDICAL, INC FIRST AID KITS 46.95 JPMORGAN CHASE BANK OREILLYS -DEF FLUID 16.78 JPMORGAN CHASE BANK GRAINGER -PPE 13.15 JPMORGAN CHASE BANK OREILLYS -DEF FLUID 7.49 JPMORGAN CHASE BANK NSC -SCBA MASK FIT TESTING 62.35 UNIFIRST HOLDINGS LP UNIFORM CLEANING 27.01 JPMORGAN CHASE BANK LOWES- SHEETING 103.25 JPMORGAN CHASE BANK FASTENAL- HARDWARE 47.48 JPMORGAN CHASE BANK FASTENAL- MATERIALS 17.97 JPMORGAN CHASE BANK FASTENAL - MATERIALS 10.88 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 67.57 JPMORGAN CHASE BANK JHD SUPPLY -PIPE 1,126.40 TOTAL STORMWATER 1,728.97 PARKS AEP IPSO ELECTRIC USE 1,503.43 TREASURER PETTY CASH HARVEST FESTIVAL REFUND 75.00 JPMORGAN CHASE BANK ACE HARDWARE- RETURN -6.99 JPMORGAN CHASE BANK CLASSIC CHEVY- REPAIRS 673.26 JPMORGAN CHASE BANK HOME DEPOT - RETURN -15.60 JPMORGAN CHASE BANK ACE HARDWARE -PARTS 11.98 ADT SECURITY SERVICES INC SECURITY SERVICES 20.37 UNIFIRST HOLDINGS LP UNIFORMS 15.25 UNIFIRST HOLDINGS LP UNIFORMS 15.25 JPMORGAN CHASE BANK LOWES -PARTS 23.92 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 10.70 AT &T LONG DISTANCE ILONG DISTANCE PHONE BILL 15.42 TOTAL PARKS 2,341.99 COMMUNITY CENTER AT &T LONG DISTANCE LONG DISTANCE PHONE BILL 39.94 JPMORGAN CHASE BANK LOWES -PAINT 18.96 JPMORGAN CHASE BANK LOWES -PAINT 18.96 Page 7 Claims List 3/3/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount COMMUNITY CENTER... JPMORGAN CHASE BANK LOWES- SUPPLIES 56.34 JPMORGAN CHASE BANK TARGET - VACUUM 148.94 JPMORGAN CHASE BANK LOWES -ICE MACH DRAIN PART 3.44 JPMORGAN CHASE BANK WALMART -WIPES 9.26 AEP /PSO ELECTRIC USE 753.49 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 217.92 TOTAL COMMUNITY CENTER 1,267.25 HISTORICAL MUSEUM JAEPIPSO JELECTR17 USE 96.42 TOTAL HISTORICAL MUSEUM 96.42 FUND GRAND TOTAL 83,406.8 AMBULANCE JPMORGAN CHASE BANK QUADMED- SUPPLIES 291.00 JPMORGAN CHASE BANK FRONTIER INT'L -PARTS 51.75 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 166.33 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 20.50 JPMORGAN CHASE BANK TRAVEL EXPENSE 6.87 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES 1,736.70 JPMORGAN CHASE BANK TRAVEL EXPENSE 5.10 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES 140.20 JPMORGAN CHASE BANK FULLERTON- OXYGEN 43.50 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 634.55 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 30.00 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 698.64 JPMORGAN CHASE BANK BEST BUY -USB MEMORY STICK 19.99 JPMORGAN CHASE BANK UNITED - AIRFARE 410.10 JPMORGAN CHASE BANK TRAVELEXPENSE 39.00 - JPMORGAN CHASE BANK TRAVEL EXPENSE 12.05 MEDICLAIMS INC BILLING SERVICES 6,802.31 JPMORGAN CHASE BANK AIR CLEAN TECH -PARTS 273.32 JPMORGAN CHASE BANK NAT'L REGISTRY -EMT CERT 20.00 JPMORGAN CHASE BANK FASTENAL- STORAGE BINS 70.15 JPMORGAN CHASE BANK NAT'L REGISTRY -EMT CERT 20.00 JPMORGAN CHASE BANK OFFICE DEPOT - BINDERS 64.42 JPMORGAN CHASE BANK NAT'L REG EMT - RECERT FEE 20.00 JPMORGAN CHASE BANK LODGING EXPENSE 111.92 JPMORGAN CHASE BANK TELEFLEX MED- SUPPLIES 1,338.39 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 8.45 JPMORGAN CHASE BANK UNITED - BAGGAGE FEE 25.00 JPMORGAN CHASE BANK NAT'L REGISTRY -EMT CERT 20.00 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 336.65 JPMORGAN CHASE BANK INATL REG EMT -R ECERT FEE 20.00 '� . Claims List 3/3/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount AMBULANCE... JPMORGAN CHASE BANK NAT'L REG EMT - RECERT FEE 20.00 - JPMORGAN CHASE BANK LOWES- HARDWARE 4.08 JPMORGAN CHASE BANK PHYSIO- BATTERY CHARGER 1,320.79 JPMORGAN CHASE BANK NAT'L REG EMT - RECERT FEE 20.00 TOTAL AMBULANCE 14,801.76 FUND GRAND TOTAL 14,801.7 E911 COMMUNICATIONS JPMORGAN CHASE BANK TOTAL RADIO- REPAIRS 210.00 JPMORGAN CHASE BANK TOTAL RADIO- REPAIRS 285.00 IINCOG-E911 E911 ADMIN SVC FEES 7,629.16 TOTAL E911 COMMUNICATIONS 8,124.16 FUND GRAND TOTAL 8,124.1 CEMETERY - CEMETERY JPMORGAN CHASE BANK FASTENAL- LOCTITE 78.57 TOTAL CEMETERY - CEMETERY 78.57 FUND GRAND TOTAL 78.5 HOTEL TAX JJPMORGAN CHASE BANK DOC- NEIGHBORHOOD SIGNS 53.90 TOTAL HOTELTAX 53.90 HOTEL TAX - ECON DEV AEP /PSO JELECTRIC USE 81.62 TOTAL HOTEL TAX - ECON DEV 81.62 STRONG NEIGHBORHOODS JPMORGAN CHASE BANK DIST -LIGHT PACKAGE 529.46 JPMORGAN CHASE BANK PRINTING -SIGNS 30.00 OWASSO COMMUNITY FOUNDATION INC EIGHBORHOOD GRANTS POWASSO 6,000.00 JPMORGAN CHASE BANK K BEAUTIFUL - SUPPLIE 110.00 JPMORGAN CHASE BANK CARES MTG EXP 3.98 TOTAL STRONG NEIGHBORHOODS 6,673.44 FUND GRAND TOTAL 6,808.9 STORMWATER- STORMWATE MESHEK &ASSOCIATES, P.L.C. ENGINEERING SERVICES 7,255.30 AEP /PSO ELECTRIC USE 478.30 TOTAL STORMWATER - STORMWATER 7,733.60 Page 9 Claims List 3/3/2015 Budget Unit Title I Vendor Name Payable Description iPaymentAmount FUND GRAND TOTAL 7,733.6 PUBLIC SAFETY - FIRE JPMORGAN CHASE BANK LINDELECTRONICS -FD PC 436.40 JPMORGAN CHASE BANK NAIL PROD -FD COMPUTER 115.68 JPMORGAN CHASE BANK ADVANCE - COMPUTER EQUIP 3.15 JPMORGAN CHASE BANK OREILLYS -WIRE CONDUIT 29.94 JPMORGAN CHASE BANK OREILLYS- COMPUTER EQUIP 11.07 JPMORGAN CHASE BANK OREILLYS- COMPUTER EQUIP 8.48 JPMORGAN CHASE BANK INS - SIERRA DEVICES/FIRE 4,871.00 JPMORGAN CHASE BANK LOWES- COMPUTER EQUIP 8.54 JPMORGAN CHASE BANK DIGITALRIVER- SOFTWARE LIC 349.65 TOTAL PUBLIC SAFETY - FIRE 5,833.91 5,833.9 FUND GRAND TOTAL PARK DEVELOPMENT IRAUSCH COLEMAN HOMES BUILDING PERMIT REFUND 400.00 TOTAL PARK DEVELOPMENT 400.00 400.0 FUND GRAND TOTAL CI - FBO BUILDING BKL INCORPORATED ARCHITECTURALIENGINEERING 11,200.00 TOTAL CI - FBO BUILDING 1 11,200.00 CI - GARN WID 96TH -106TH PSA- DEWBERRY INC JENGINEERING SERVICES 26,637.50 TOTAL CI - GARN WID 96TH -106TH 26,837.50 STREET REHAB FY14 jJPMOR7AN CHASE BANK ROADSAFE- SIGNAGE 1,854.60 TOTAL STREET REHAB FY14 1,854.60 39,892.1 FUND GRAND TOTAL CITY GARAGE AEP IPSO ELECTRIC USE 703.39 JPMORGAN CHASE BANK MYERS TIRE - BRACKETS 1154 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 12.48 JPMORGAN CHASE BANK CLASSIC CHEVY -PARTS 110.08 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 11.04 JPMORGAN CHASE BANK AMERIFLEX- HYDRAULIC HOSE 123.40 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 8.42 JPMORGAN CHASE BANK GOODYEAR -TIRES 997.29 JPMORGAN CHASE BANK BUMPER2BUMPER- ROTORS 462.20 JPMORGAN CHASE BANK RADIOSHACK -PART 1.65 Page 10 Claims List K7k7MIT,,M Budget Unit Title Vendor Name Payable Description PaymentAmount CITY GARAGE... AT &T LONG DISTANCE LONG DISTANCE PHONE BILL 47.99 JPMORGAN CHASE BANK P &K EQUIP - HYDRAULIC PLUGS 22.56 AT &T MOBILITY WIRELESS SERVICE 57.24 JPMORGAN CHASE BANK LOWES- SUPPLIES 44.50 JPMORGAN CHASE BANK WELSCO- OXYGEN TANK REPAIR 99.95 JPMORGAN CHASE BANK WELSCO- SAFETY GLOVES 90.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 UNIFIRST HOLDINGS LP JUNIFORM RENTAL FEES 1 32.04 TOTAL CITY GARAGE 2,869.81 FUND GRAND TOTAL 2,869.8 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 323.00 CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 359.00 CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 323.00 CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 359.00 TOTAL WORKERS' COMP SELF -INS 1,364.00 WORKERS'COMPSELF -INS CITYOF OWASSO IMPRESTACCOUNT CITYOF OWASSO IMPRESTAC 806.89 CITY OF OWASSO IMPREST ACCOUNT ICITY OF OWASSO IMPREST AC 1,364.05 TOTAL WORKERS' COMP SELF -INS 2,170.94 FUND GRAND TOTAL 3,534.9 CITY GRAND TOTAL $173,484.67 Page 11 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE 4789 AS OF 313115 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 38,002.64 38,127.14 12,469.50 30,829.50 119,428.78 3,379.46 5,496.20 8,875.66 128,304.44 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 02121/15 Department Payroll Expenses Municipal Court 5,309.38 Managerial 20,388.97 Finance 15,028.34 Human Resources 7,914.91 Community Development 12,713.67 Engineering 14,034.55 Information Systems 13,12035 Support Services 7,686.68 Police 116,131.17 Central Dispatch 16,798.44 Animal Control 3,129.35 Fire 115,538.53 Emergency Preparedness 1,673.00 Streets 7,862.68 Stormwater /ROW Maint. 5,153.98 Park Maintenance 9,569.75 Community- Senior Center 4,151.85 Historical Museum 588.96 Economic Development 3,255.00 Total Expenses 7,479.16 29,038.17 22,911.67 12,928.85 19,767.94 21,610.84 19,920.66 11,841.55 177,316.97 27,713.33 4,757.59 173, 752.03 2,377.89 13,439.22 7,967.28 15,641.06 6,372.95 661.29 4,275.41 General Fund Total 380,049.56 579,773.86 Garage Fund Total 4,487.60 7,315.65 Ambulance Fund Total 31,743.05 47,747.33 Emergency 911 Fund Total 2,010.09 3,339.35 Stormwater Fund 27 Total - Worker's Compensation Total 6,008.40 7,204.27 Strong Neighborhoods 3,727.87 5,354.86 0 Mp The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Sherry Bishop Assistant City Manager SUBJECT: Agreement for Administration of the Sales and Use Tax Ordinances DATE: February 27, 2015 BACKGROUND: Because of the sales and use tax rate increases effective April 1, 2015, a new contract with the Oklahoma Tax Commission (OTC) is required. The City of Owasso's sales and use taxes are administered and collected by the OTC. The Agreement for Administration of the Sales and Use Tax Ordinances between the City and the OTC renews automatically unless there is a rate change. The OTC has submitted new contracts for City Council consideration and approval. The tax rate of 3.5% is the only change from the previous contract. RECOMMENDATION: Staff recommends approval of the Agreement for Administration of the Sales and Use Tax Ordinances with the Oklahoma Tax Commission. ATTACHMENT: Agreement for Administration of the Sales and Use Tax Ordinances AGREEMENT FOR ADMINISTRATION OF THE SALES AND USE TAX ORDINANCES OF THE CITYITOWN OF Owasso THIS AGREEMENT is entered into this _ day of ` pursuant to the provisions of Sections 2701 et seq. of Title 68 of the Oklahoma Statutes, between the Oklahoma Tax Commission, hereinafter referred to as "Commission," and the City/Town of —Owasso i , Oklahoma, hereinafter referred to as "Municipality," for the administration of effective sales and use tax ordinances on file with the Commission hereinafter referred to as. "Ordinances," levying a municipal sales or use tax of three .& percent ( 3.5 %) upon sales within or outside of the Municipality. 1. This Agreement is based upon the Ordinances for the collection of sales and uses taxes by the Municipality, certified copies of which are attached hereto and made a part hereof. The Municipality may, at any time and from time to time, amend or repeal the Ordinances and, to the extent that the Municipality amends or repeals the Ordinances, the Municipality shall promptly provide the Commission with a certified copy of the ordinance effecting such amendment or such repeal. An increase or a decrease in the municipal sales or use tax rate shall become effective only on the first day of a calendar quarter. Provided, however, the sales and use tax rates levied by the Municipality if the Municipality levies both a sales and use tax, must be identical. The Municipality shall notify the Commission of an increase or a decrease at least seventy -five (75) days prior to the close of the current calendar quarter and shall provide the Commission. with a certified copy of the ordinance affecting such increase or such decrease. 2. A. The Commission shall administer and shall enforce the Ordinances and shall collect the municipal sales and use tax, and the interest and penalties with respect thereto, as provided in the Ordinances and as herein provided. It is recognized and acknowledged that: (a) the Ordinances levy municipal sales tax upon all sales within the Municipality as authorized by Section 2701 of Title 68 of the Oklahoma Statutes; and (b) the term "sale" as used in the Ordinances has the same meaning as the term "sale" has in . the Oklahoma Sales Tax Code; and (c) the Ordinances levy municipal use tax upon all transactions within or without the Municipality as authorized by Sections 1411 of Title 68 of the Oklahoma Statutes; and (d) the term "use" as used in the Ordinances have the same meaning as the term "use" has in the Oklahoma Use Tax Code. To facilitate such administration, such collection and such enforcement of local taxes, the Commission shall designate a Local Tax Coordinator of the Commission who shall be generally responsible for matters related to the collection of local taxes and, with respect to such matters, shall directly advise the Administrator of the Commission. The duties which may be performed by the Local Tax Coordinator and/or other employees of the Commission under his or her supervision, shall include, without limitation, (a) acting as liaison between the Commission and municipalities with respect to the administration, the collection and the enforcement of local taxes, (b) addressing concerns of the Commission and/or taxpayers with respect to the administration, the collection and the enforcement of municipal taxes by municipalities, (c) consulting with municipalities concerns and trends with respect to local taxes, (d) coordinating collection and enforcement actions by the Commission and municipalities with respect to local taxes, (e) coordinating the provision by the Commission to municipalities of information and (f) providing educational and other support to municipalities in their collection and enforcement efforts. In making decisions with respect to the administration of local taxes, the Commission will consider the view expressed by the Municipality. The Municipality shall not request that the Local Tax Coordinator perform any duties which are the sole responsibility of the Municipality. B. The implementation plan adopted pursuant to subsection 4 of subsection E of Section 2702 of Title 68 of the Oklahoma Statutes shall be incorporated into the collection agreement entered into by Municipality and Commission pursuant to subsection E of section 2702 of Title 68 of the Oklahoma Statues, as if fully set forth therein. 3. The method of computing sales tax to be used by vendors in collecting both state and municipal sales tax, is prescribed in Section 1362 of the Oklahoma Sales Tax Code. The method of computing use tax to be used by vendors in collecting both state and municipal use tax, is prescribed in Section 1401 of the Oklahoma Use Tax Code. 4. The discount (deduction) allowed to vendors in Section 1367.1 of the Oklahoma Sales Tax Code shall be applicable to both state and local sales tax remittances. Monetary allowances provided for in 68 O.S. § 1354.31 shall also be applicable to both state and local sales tax remittances. The discount (deduction) allowed to vendors in Section 1410.1 of the Oklahoma Use Tax Code shall be applicable to both state and local use tax remittances. Monetary allowances provided for in 68 O.S. § 1354.31 shall also be applicable to both state and local use tax remittances. 5. The Commission shall retain, as its sole compensation for its services rendered hereunder, an amount equal to the applicable percentage of the amount of the municipal sales or use taxes, and the interest and penalties with respect thereto, collected by the Commission hereunder. The applicable percentage is set forth in Exhibit A as incorporated herein. 6. Except as otherwise provided herein, the Commission shall give no preference in applying an amount received for state, municipal and county sales or use taxes owed by a taxpayer to the extent that such amount is less than the aggregate state, municipal and county sales or use tax liability of the taxpayer. Any such amount shall be applied pro rata to the satisfaction of the claims of the Commission, the claims of the Municipality and the claims of other municipalities and counties based on the portions of the aggregate state, municipal and county sales or use tax liability of the taxpayer represented by their respective claims. 7. The municipal sales or use tax received and collected by the Commission pursuant to this Agreement shall be deposited in the State Treasury as required by law. The Commission shall use its best efforts to cause to be paid to the Municipality no later than the tenth day of each calendar month all municipal sales and use tax, and the interest and the penalties with respect thereto, received and collected by the Commission during the immediately preceding calendar month, less any amount withheld by the Commission under Paragraph 5 and less any amounts deducted by the Commission in connection with refunds hereunder. 8. The Commission shall require reports of municipal sales and use tax from vendors, shall maintain records of reports by, and receipts and collections from vendors, and shall maintain the records in such a manner that the total amount due the Municipality each month can be determined by the Commission and can be verified by the Municipality. The requirement for the Commission to maintain its records in a verifiable form is intended to require the Commission to maintain its records in a form capable of producing reports that can be electronically downloaded into, at a minimum, 3 an excel spreadsheet or its equivalent; the Commission will use a form which is capable of being understood by a person reviewing such records. The Commission shall transmit to the Municipality a monthly statement of the municipal sales and use tax, and interest and penalties with respect thereto, received and collected by the Commission during the immediately preceding calendar month, the amounts, if any, refunded by the Commission to taxpayers during the immediately, preceding calendar month and the amount withheld by the Commission under Paragraph 5. 9. In the event a vendor remits sales or use tax due but fails to submit city attachments, or submits a report from which the sales or use tax due Municipality cannot be determined, the Commission will allocate to Municipality such sales or use tax received pro rata based on the vendor's percentage allocation for the most recent report filed or, if no report has been filed, according to the best information available to the Commission. Such amount, and any interest and penalty as provided in Section 217 of Title 68 of the Oklahoma Statutes with respect thereto, shall be paid to the Municipality in accordance with Paragraph 7. Interest will begin as of the date the vendor remittance is deposited to the State Treasury. 10. The Municipality acknowledges that the Commission is responsible for making refunds to taxpayers of municipal sales and use taxes previously collected by the Commission on behalf of the Municipality. The term "refunds" as used herein shall include payments made pursuant to filed claim for refund(s) or amended return(s) approved by the Commission. The Commission's determination of any taxpayer's liability for sales and use taxes shall be binding as between the Municipality and the taxpayer. Any refund of municipal sales and use tax previously paid by the Commission to the Municipality shall be paid from subsequent collections of the municipal sales and use tax. Such refund shall be deducted from the collections payable by the Commission to the Municipality in the immediately following calendar month (unless the taxpayer entitled to such refund otherwise agrees). 11. The Commission shall provide notice to the Municipality of any aggregate request for refund or any remittance error of combined state, county and city sales and use tax in the amounts of $10,000 or more. On or before July 31, 2012, the Commission will review the software capability of providing notice for any aggregate request for refund or remittance error of combined state, county and city sales and use tax in amounts less than $10,000 and, if the capability is available, will implement it. Notice will be provided within seven (7) business days of the Commission's initial review of a claim for refund, documented as outlined in OAC 710:65 -11 -1 or upon discovery of a remittance error. Municipality agrees that any amount contained in the notice given pursuant to this section will be considered as advisory only until such time as a final determination has been made by the Commission. Commission, through the Local Tax Coordinator, will notify Municipality at such time the Commission determines the final amount to be refunded pursuant to a claim or remittance error. Any municipal sales or use tax, and/or any interest and penalties with respect thereto, paid under protest by a 17 taxpayer to the Commission during the immediately preceding calendar month shall be paid by the Commission to the Municipality as part of the payment being made by the Commission to the Municipality. If the protested municipal sales or use tax, interest or penalties are required to be refunded, such amount and any interest required to be paid thereon will be paid out of subsequent collections by the Commission. Such refund shall be deducted from the collections payable by the Commission to the Municipality in the immediately following calendar month (unless the taxpayer entitled to such refund otherwise agrees) subject to the provisions of paragraph 10. The municipality may request by a blanket advisement to the Commission that it be notified of any hearing wherein the Commission hears a claim for refund of a protest of an assessment. If an affected municipality shall have requested such notice in writing, the Commission shall, at the same time the parties are notified of the scheduled hearing, provide notice to the municipality affected. 12. Simultaneously with the execution and the delivery of this Agreement, the Commission shall, upon written request of the Municipality, provide to the Municipality a full and complete list of the names and the addresses of the persons and the entities which or who report doing business within the boundary of the Municipality during the preceding calendar year in a format as set out in Paragraph 8 of this agreement. The Commission shall, upon written request of the Municipality, report to the Municipality on a monthly basis all of the following Information: (a) additions to, and deletions from, the full and complete list of the names and the addresses of persons and entities which or who report doing business during the preceding calendar year within the boundary of the Municipality; (b) a full and complete list of the persons and the entities specified in paragraph 12(a) which or who are more than sixty (60) days delinquent in filing and /or remitting municipal sales and use taxes pursuant to the Ordinances; and (c) a full and complete, list of all persons and all entities paying municipal sales and use tax under the Ordinances, and /or interest and penalties with respect thereto, and the amount of such remittances. The Commission shall, upon written request of the Municipality, report to the Municipality on a quarterly basis all of the following information (a) the number of audits completed and assessments determined by the Commission with respect to municipal sales and use taxes, and /or interest and penalties with respect thereto, under the Ordinances during the preceding calendar year; and 5 (b) the amount of additional municipal sales and use taxes, and /or interest and penalties with respect thereto, under the Ordinances collected by the Commission during the preceding calendar year. Commission also agrees to provide Municipality reports in addition to those outlined above under the following terms: (a) The report is requested in writing or via e-mail, outlining the information required and regularity of the report. (b) The report complies with all terms and statutes outlined within this agreement. (c) The information requested is available to the Commission. (d) Commission will be provided a minimum of sixty (60) days to compile new requests unless otherwise agreed. The Commission shall monitor the administration, the collection and the enforcement of municipal sales and use taxes, and /or interest and penalties with respect thereto,. under the Ordinances. The Commission shall provide the Municipality such information as may be requested by the Municipality with respect to any protest or any refund of municipal sales or use taxes levied by the Municipality. The Municipality shall also be entitled to consult with the Commission's legal, staff about protests and refunds and, to the extent that a protest or a refund involves one or more hearings, the Municipality shall, through legal counsel or other designated staff employed by the Municipality, be entitled to be present and observe such hearing(s); provided, however, the administrative law judge or the Commission may limit the number of counsel or other designated staff, if any, who may be present to the extent necessary to permit the hearing to be conducted in an orderly fashion and without undue trepidation on the part of the taxpayer. To the extent that such documents and /or such information relates to municipal sales or use taxes, and /or interest and penalties with respect thereto, and is requested, at any time and from time to time by the Municipality, the Commission shall promptly provide to the Municipality (a) copies of applications for sales tax permits, (b) copies of sales or use tax reports, (c) copies of installment or other payment plans, if any, with taxpayers and (d) other documents and other information. The Commission shall promptly notify the Municipality of any conduct which the Commission believes might be the basis for a criminal prosecution by the Municipality under the Ordinances and shall provide to the Municipality all of the documents and the information in the possession of the Commission with respect thereto, including, without limitation, the names of employees of the Commission who might be witnesses with respect thereto. The Municipality acknowledges that Section 205 of Title 68 of the Oklahoma Statutes, which makes the records and the files of the Commission confidential (subject to specified exceptions) and which prohibits disclosure of such records and such files (subject to specified exceptions), includes the Commission's records and files with respect to the receipt and the collection of municipal sales and use tax. Nothing contained herein is intended to require the Commission to disclose to the Municipality any information whose disclosure to the Municipality is prohibited by Section 205. The Commission acknowledges that (a) Section 205(c)(7) of Title 68 of the Oklahoma Statutes permits the Commission to furnish information disclosed by the records and the files of the Commission to an official person or body of this state who is concerned with the administration or the assessment of certain taxes, such as the Municipality, (b) Section 205(c)(22) of Title 68 permits the disclosure to the governing body or municipal attorney, if so designated by the governing body, of information directly involved in the resolution of issues arising out of the enforcement of a municipal sales and use tax ordinance, such as the Ordinances, pursuant to a municipal tax collection agreement, such as this Agreement, and (c) Section 22 -107 of Title 11 of the Oklahoma Statutes and Section 205.1 of Title 68 of the Oklahoma Statutes permits the Commission to release specified information to municipalities. The Municipality acknowledges that Section 205 of Title 68 of the Oklahoma Statutes may prevent the disclosure by the Municipality and persons associated with the Municipality of information which is provided by the Commission to the Municipality and that improper disclosure by the Municipality or any such person of such Information may result in civil and criminal liability. The Municipality shall comply with the restrictions imposed by Section 205. 13. In the event of termination of this Agreement, the Commission will cause to be paid over to the Municipality, all municipal sales and use tax funds in its possession then due and payable under this Agreement. The Municipality shall thereafter be liable for and shall pay any refunds of municipal sales or use tax required by law to be made, including refunds of municipal sales or use tax, penalty and interest paid under protest that must be refunded and any interest required thereon. After such termination, the Commission's liability shall extend only to the amount of such funds being held by it. The Municipality agrees to pay any interest required by law to be paid on such refunds. 14. The Commission shall have the authority to assess and to collect, on behalf of the Municipality, the municipal sales and use taxes levied by the Ordinances, and the interest and the penalties with respect thereto, including, without limitation, any municipal sales or use tax, interest and /or penalty existing on the date hereof. The Municipality agrees to refrain from contacting directly persons or entities doing business within the boundary of the Municipality unless and until such contact is agreed to by Commission and Municipality in a rider to this Agreement for the purpose of the actual collection of sales and use taxes. Municipality does have the inherent F& authority to contact vendors within and without the municipality concerning the vendor's alleged violation of municipal ordinances prior to the initiation of criminal prosecution. The Municipality may inquire of the Commission into the compliance of persons and entities with the Ordinances and, to the extent that the Municipality determines that any person or any entity has not complied with the Ordinances, the Municipality may request the Commission to issue a proposed assessment against such person or such entity. To the extent that the Commission receives any such request, the Commission shall review such request within 45 days. If, after said review, Commission believes that such request presents a basis for a proposed assessment, Commission shall issue a proposed assessment. Any such proposed assessment shall be resolved as provided in Sections 201 et seq. of Title 68 and the procedural rules promulgated by the Commission. The Municipality may, at the option of the Municipality, request the Commission to initiate a show cause proceeding against a person or an entity which the Municipality believes, in good faith, not to be in compliance with the Ordinances or any provision thereof. To the extent that the Commission receives any such request, the Commission shall review such request within 45 days. If after said review, Commission believes that such request presents a basis for a show cause proceeding, Commission shall initiate a show cause proceeding. Such show cause proceeding shall be conducted as provided in the procedural rules promulgated by the Commission. The Commission and the Municipality acknowledge the mutual interest of the Commission and the Municipality in maximizing compliance with the Ordinances and the collection of local taxes thereunder. The Municipality may, at any time and from time to time, either alone or in conjunction with other municipalities, submit a written proposal for collection and enforcement activities for consideration by the Commission; provided, however, it is expressly understood that any such written proposal must provide for coordination with the collection and enforcement activities of the Commission, provide for the use of the then applicable audit standards of the Commission and otherwise be in form and in substance to the Commission. in the event that Municipality's proposal Is accepted by Commission, Municipality will be authorized to conduct the activities included in such proposal on behalf of Commission and no other action will be authorized by the Commission by a municipality or municipalities not included in the accepted proposal. Provided further that upon the request of the municipality, either alone or in conjunction with other municipalities, the Commission shall enter into contractual agreements with the municipality or group of municipalities whereby the municipality or group of municipalities are authorized to implement or augment the Commission's enforcement through a contract with a private auditor(s) or audit firm(s) of the municipal tax. The auditor(s) or audit firm(s) shall first be approved by the Commission and once approved shall be appointed as an agent. of the Oklahoma Tax Commission for purposes of the audit. Contracts with a private auditor or audit firm are not subject to the limitations of Section 262 of title 68 of the Oklahoma Statutes, and the parties, the 0 municipality, private auditor or audit firm and the Commission, are authorized to exchange necessary information to effectively perform the contracted audit. The municipality, its officers and employees and the private auditors or audit firms may receive all information necessary to perform the audit and shall preserve the confidentiality of such information as required by Section 205, title 68, of the Oklahoma Statutes, including the penalties set out therein. The Commission shall be furnished the audit results and all relevant supporting documentation. The municipalities shall pay for the private auditor(s) or audit firm(s) by deduction from the tax assessment resulting from said audit unless another method of payment is set out in the contract with the private auditor or audit firm. Any municipal sales and use tax funds recovered as a result of the use by the municipality of a private auditor or audit firm shall not be subject to the retention calculated by the Commission as provided in Paragraph 5 of this agreement, in addition the Commission shall pay to the municipality any retainage that the Commission shall be entitled to for collection of county sales and use tax and shall pay to the municipality the state's pro rata share of the expenses of the auditor. Provided further, the Commission shall have no obligation to any municipality that does not participate in an audit conducted under subsection D of Section 2702 of Title 68 of the Oklahoma Statutes or an audit conducted pursuant to this section. Notice of a proposed independent audit shall be provided to the municipality and the municipality shall within 30 days provide acceptance or rejection of participation in the audit. Failure to act within the 30 day time period shall mean that the municipality shall not be included in the audit. Failure to act with respect to a particular independent audit within the 30 day time period shall relieve the Commission of its obligation to audit on behalf of the municipality with respect to that particular audit. 15. It is recognized and acknowledged that the Ordinances include criminal sanctions for violation of the Ordinances. Notwithstanding anything else contained herein, the Municipality shall have the exclusive authority to prosecute any criminal violations of the Ordinances and the Commission shall refrain from taking any such action. Nothing contained herein shall prevent the State of Oklahoma from prosecuting persons for crimes under state law, including, without limitation, embezzlement by a vendor of a municipal sales tax. 16. To the extent that the Municipality decides to prosecute criminally any action under this Agreement, the Commission and the Municipality shall cooperate, in good faith, to maximize collections under the Ordinances and to minimize duplicative effort by the Commission and the Municipality. 17. Where the municipality takes the action recognized by paragraph 15 of this Agreement for prosecution to enforce its sales or use tax ordinance, all taxes shall be paid by the taxpayer directly to the Commission. Any resulting payment of municipal tax shall not be subject to the retention calculated by the Commission for the collection of city sales and use taxes as provided in Paragraph 5 of this agreement, subject to the implementation plan established in paragraph 2B of this agreement. 9 18. The Commission has the authority to enter into an installment or other payment agreement with any taxpayer, including a taxpayer prosecuted under a municipal sales or use tax ordinance, for state and local taxes owed by the taxpayer. Commission will, through its use of a pay plan in order to keep a delinquent business open, collect the liability as quickly as.possible by requiring a significant down payment and completion of the pay plan in as short a period as possible. The Municipality shall be entitled to consult with the Commission's legal staff about an installment or other payment agreement prior to negotiation of such an agreement. The installment or other payment agreement shall be void if the taxpayer becomes delinquent in future tax liability or payment under the agreement becomes delinquent. The Commission shall furnish a list of all sales and use taxpayers which have entered into agreements with the Commission on a monthly basis along with the terms, conditions and status of each such installment or payment agreement. 19. The Municipality agrees that, if there is a challenge to the constitutionality or the legality of the Ordinances or any provision thereof (other than a challenge based on the application by the Commission of the Ordinances or any provision thereof), the Municipality shall be responsible for the resolution of such challenge. If such a challenge is based on the application by the Commission of the Ordinances or any provision thereof, the Commission shall be responsible for the resolution of such challenge. The party responsible for the resolution of any challenge shall make all decisions with respect to the prosecution and the settlement of any litigation with respect to such challenge and the other party shall cooperate with the responsible party with respect to the resolution of such challenge. The Commission shall provide notice to the Municipality of any challenge. Notice will be provided within seven (7) business of the receipt of the challenge and the municipality shall be allowed to participate in any decision. 20. The change in the boundary of Municipality shall be effective for sales tax purposes only, on the first day of a calendar quarter following the enlargement of the municipal city limits. If a municipality should de -annex a territory the sales tax from business or firms located in the de- annexed area shall cease on the effective date of the de- annexation ordinance. Municipality shall give the Commission notice in writing of any annexation or de- annexation of territory to the municipality at least as required by Title 68 Oklahoma Statutes Section 2701. The notice shall include a verified copy of the boundaries of the newly annexed or de- annexed territory. In addition all Municipality limit lines shall be shown in map form, and certified to the Commission by the municipal clerk. 21. Neither Municipality nor Commission has entered into this Agreement with the intention of violating state law or the provisions of the Streamlined Sales Tax Agreement. If it is determined by either party that any provision violates either state law or the Streamlined Sales Tax Agreement, such provision of the Agreement shall be null and void. The remaining provision of the Agreement shall be in effect until the expiration or termination of the Agreement. 10 22. This Agreement shall be in effect from April 1, 20151, until April 1i 2018: , and shall renew without action of the parties for additional terms of one (1) year provided that the current rate has not been changed and neither party has given written notice to the other party of its intent to terminate this Agreement prior to the expiration of the then current term. Either party may terminate this contract for any reason upon thirty (30) days written notice of its intent to terminate to the other party. IN WITNESS WHEREOF, the parties have set their hands and affixed their official seals the day and year first above written. THE MUNICIPALITY OF A Municipal Corporation Mayor ATTEST: (CITY SEAL) Municipal Clerk ATTEST: (STATE SEAL) Assistant Secretary — OTC APPROVED BY THE CITY OF M 11 OKLAHOMA TAX COMMISSION Th s E. Ke p, Jr., C 'man . e e_- �� ; � �-,- � ,WTry J son, ice- Chairman Dawn Cash,- Sec�retary- Member APPROVED: Director, Taxpayer Assistance Division LEGAL DEPARTMENT DATE EXHIBIT A RETENTION FEE AS OF 911/1989 PER TITLE 68- SEC.2702 RATE (%) FEE RATE (%) FEE 1% -1.99% = 1.75% 2.5% - 1.25% 2% = 1.50% 2.75% = 1.12% 2.25% = 1.37% 3% or> = 1.00% As of July 1, 2015, the retention fee will be .5% 12 C_21'�'C'ty Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Water Infrastructure Improvements at Sprouts Farmers Market DATE: February 27, 2015 BACKGROUND: The subject commercial development is located at 9601 N 133rd E Avenue. Public infrastructure includes construction of 63 linear feet of 6 inch water line including two fire hydrants. FINAL INSPECTIONS: Final inspections for the infrastructure component were completed in February 2015 by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor and design engineer have supplied the necessary two -year maintenance bond and required as -built drawings. RECOMMENDATION: Staff recommends acceptance of water infrastructure improvements at Sprouts Farmers Market. ATTACHMENTS: Location Map City Attorney bond approval letter & copy of bonds Sprouts Location Map 51. oho Owasso - t D 4aG.m J w II Funeral wasso c - C Gre�een H omT Chris sC Nam or o qtr � , 0. w Oass was Map is �I o s data ®2G7 qo a 1" = 752 ft 02/12/2015 W L s This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, Please contact Owasso Public staff for the most up-to -date information. Farris, Earl From: Sent: To: Subject: W11 Hancock, Brandon Friday, February 13, 2015 4:0S PM Farris, Earl (efarris @Cityofowasso.com) FW: Bonds for Sprouts Waterline From: Lombardi, Julie Sent: Friday, February 13, 2015 4:05 PM To: Hancock, Brandon Subject: RE: Bonds for Sprouts Waterline Brandon, I have reviewed the Maintenance Bond for the Sprouts project at your request. The attorney -in -fact signature is valid, the surety is licensed to do business in OK, and the amount of the bond is well within the surety's $41,395,000 underwriting limitation. Therefore, the bond is approved. Julie Julie Trout Lombardi City Attorney 111 North Main Owasso, Oklahoma 74055 918.376- 1511(o) 918.376 -1599 (f) From: Hancock, Brandon Sent: Thursday, February 12, 2015 12:41 PM To: Lombardi, Julie Subject: RE: Bonds for Sprouts Waterline Julie- Attached is the Bond for Sprouts. I did get copy of P.O.A. from them also. Brandon From: Lombardi, Julie Sent: Wednesday, September 17, 2014 3:03 PM To: Hancock, Brandon Subject: RE: Bonds for Sprouts Waterline Yes, I do need it to validate the attorney -in- fact's signature. Julie Trout Lombardi City Attorney 111 North Main Owasso, Oklahoma 74055 918.376 - 1511(0) 918.376 -1599 (f) Maintenance Bond PRIVATE, Ly rixNANcED PUBLIC IMPROVEMENTS Bond No: 10016519 KNOW ALL MEN BY THESE PRESENTS, That we Thomas Matthews dba Tom Cat Services. as Principal (Developer and Contractor), and Hudson Insurance Company, as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Fifteen Thousand Six Hundred Dollars ($15,600,00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents, WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEAR after final approval of the Sprouts Farmers Market, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in worlanauship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or worlunanship in the privately financed public improvement which may become apparent during the said period, SIGNED, SEALED, AND DATED: September 3'6,2014 . dba: Tom Ca er ' es, Principal M Hudson BY: _� Attorney -hr -Fact David Faust rs9tt� 1r sttr� "�f d <F9 tit sseaeeaat Attach Power of Attorney Bond Number: 10016519 HUDSON all I \V ll:Ar"t (1:1ko IP POWER OF ATTORNEY KNOW ALL MEN BY TIiFSE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, rwnsliluleel and appointed, and by these presents, does make, constitute and appoint David Faust of(hc Statoof OK its true and lawful Atlorney(s) -in -Fact, al New York, New York, each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surely, bonds and undertakings given for any and all purposes, also to execute and deliver on its bclu ll' as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of FlReen Thousand Six Hundred Dollars ($15,600.00) Such bonds and undertakings when duly executed by said Atlomcy(s)- impact, shall be binding upon said Company as fully and to lire same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, I IUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly authorized, on this 31st tiny of _October '2013 at New York, New York. CISFURANCECOMPANY `ItllDSON 1NS Dina nslcala <is Christophcr'r. Suarez Corporate Secretary Executive Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 31st day of October , 2013 before me personally mine Christopher T. Suarez to are known, who being by me duly sworn did depose and say that he is an Executive Vice President of INDSON INSURANCE COMPANY, the eo• oration described herein and which executed the above instrument, that he knows the seal of said Corporation, that the sent affixed to said iusimmem is such mr ralc awl, that it was so affixed by order of the Board of Directors ol'said Corporation, and that be ' } its name thereto by like order. 4li `Sunny), y //v Notarial Seal F.... ..... .................. , t��tier 10,2r09� ' Notary Public,, cofN•w York $ i'�o °�sN • = No.0iMU6 553 %* Qualified in Nassau County =,* , 10105067650 7 _ Commission Expires December 10, 2017 STATE OF NEW YORK COUNTY OF NEW YORK CERTIFICATION The undersigned Dina Dashalnhis hereby certifies: That the original resolution, of which the following is a true and mace( copy, was duly adopted by unanimous written consent of the Board of Directors of Had.= Insurance Company dated July 27'x, 2007, and has not since been revoked, amended or inodifred: "RESOLVED, that the President, the Executive Vice Presidents, the Seninr Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney of aUnrney5- In4JC1, for tire purpose of carrying on this Company's surety businem, and to empower such agent or agents, or attorney or fltorneys -in -fact, to axecule and deliver, under this Company's seal or otherwise, bonds obligations, and recognizauces, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings finite in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consens or stipulations regarding undertakings so made; and FURTHER RESOVLED, that the signature arany such Officer of the Company and the Company's seal may be affixed by Facsimile to any pnwer ofatlonmy or certification given for the execution of any bond, undertaking, reeogniznnee, contract of indemnity or other written obligation in the nature thereof ar related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such ollicer and the original seal of the Company, to be valid and binding upon the Company with the same Ibrce and effect as though manually affixed." THAT (lie above and foregoing is a full, (rue and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Munney is still in full force and etl'cet and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in h id Power of Attorney is now its force. I i %�i JJ Witness, the hand of the undersigned and the sent o'said Corporation this 3rd day ar September 20 2014 1 Y i h 0@ JAd P ° C1n�' so C' >C.'poume ��, na ❑nstuta Secrcury W c (-} C:. r b t` °ate JJJy f�°§� i kb DUAL OBLIGEE RIDER TO BE ATTACHED TO AND FORM A PART OF BOND NO.: 10016510 Hudson Insurance Company as Surety, Thomas Matthews dba; Tom Cat Services as Principal, and prows at ce as Obligee, for valuable consideration hereby agree that the Bond heretofore given and accepted by them respectively in connection with a contract for Fire Hydrant Installation and relocation said bond and contract are made a part hereof by reference,. shall now include as additional Obligee(s), --clly_cLOwaaso located at 114 N Main Owasso, OK. 74055 This bond is subject to the condition that no Obligeo shall have any right or action greater than .those of any other' Obligee and shall be subject to all offsets and defenses, however arising, which might be available against any other Obligee, their agents or representatives, in addition to any offsets or defenses that ought be available against themselves. In uo event, shall the Surety be liable in the aggregate to the Obligees for more than the penalty of its Performance Bond, nor shall it be liable except for a single payment for each single breach or default. At Surety's election, any payment due to any Obligee may be made by its check Issued to the Obligees jointly. PROVIDED, HOWEVER, there shall be no liability under this bond to the Obligees, or any'of them, unless the said Obligees, or any of them, shall make payments to the Principal in accordance with the terms of said contract as to payments, and shall perform all of the other obligations to be performed under said contract at the time and in the manner therein set forth, all of the acts of one Obligee belrig binding on the other. The attached bond shall be'subject to all of its terms, conditions,,andIimitations except as herein modified, 'Neither the execution nor language of this instrument, nor any previous negotiations, shall be construed as relieving any Obligee from the clue and timely performance of such obligatios and duties as lie, or his agent or representative, may owe to the Principal or the Surety under the contract or bond. WITNESS the following signatures and seals this 3rd day September tt4pllttlrston Thomas Matthews dba: Tom Cat Services n.ee do Huds bminsurance o•s:> �e y'.,:` (Name and Title): t „ ,.z°rn , �..r . j•.�J,. i ' , a av a s Sprouts Farmers Market° A.3° she® City of Owasso (Obligee) e 114 e d d t d 6 By:^ (Name and ls. . By: (Name and Title): O—T City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Daniel Dearing Sr. Civil Engineer SUBJECT: Acceptance of Urban Engineering Agreement DATE: February 27, 2015 BACKGROUND: On May 17, 2005, the Engineering Design Criteria, Construction Standards and Standard Details for any and all developments, projects, and infrastructure improvements within the City of Owasso were adopted by the City Council, Documents required as a result of that adoption include two different agreements, one which must be submitted by the developer and one which must be submitted by the developer's engineer. The agreements are as follows: ENGINEER AGREEMENT: The agreement required to be submitted by the developer's engineer is titled "Agreement for Urban Engineering Services" (Section 0114.1 (B). This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design criteria), pay all fees associated with the plan review, attest that he /she is a Registered Professional Engineer in the State of Oklahoma, and attest that he /she maintains Professional Liability Insurance in limits directly correlated to the cost of the project specified in the attached agreement. The liability insurance to project cost ratio schedule is as follows: Project Cost Less than $500,000 $500,000 - $1,000,000 Greater than $1,000,000 DEVELOPER AGREEMENT: Professional Liability Insurance $ 250,000 $ 500,000 $1,000,000 The agreement required to be submitted by the developer is titled "Agreement Guaranteeing Installation of Improvements" (Section 01 14.1 (C). This agreement requires the developer to submit engineering drawings for the proposed improvements, provide oversight of his /her construction contractor to assure compliance with the approved plans, and submit "as- built" drawings upon completion of the construction of improvements. The Mayor's signature is required on the "Agreement for Urban Engineering Services" (Engineer Agreement), and therefore Council approval is needed. RECOMMENDATION: Staff recommends approval and authorization for the Mayor to execute the following "Agreement for Urban Engineering Services" (Engineers Agreement): • Khoury Engineering, Inc., for sanitary sewer main extension to serve K -MAC Owasso (Taco Bell) and future lot; • Khoury Engineering, Inc., for access road and drainage improvements for Taco Bell; and • Crofton, Tull & Associates, Inc., for streets, grading, detention, storm and sanitary sewer extension for Hickory Creek Phase II. ATTACHMENTS: "Agreement for Urban Engineering Services" - Khoury Engineering, Inc., for sanitary sewer main extension to serve K -MAC Owasso (Taco Bell) and future lot "Agreement for Urban Engineering Services" - Khoury Engineering, Inc., for access road and drainage improvements for Taco Bell "Agreement for Urban Engineering Services" - Crofton, Tull & Associates, Inc., for streets, grading, detention, storm and sanitary sewer extension AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Engineering, Inc. hereinafter called "Design Engineer ". WITNESSETH WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project', upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements Sanitary Sewer Main Extension & improvements to serve the proposed Taco Bell (K -MAC Owasso)& future lot. FEB 12 2015 CITY of OWASSO PUBLIC WORKS which shall be located on the following described tract of land: Lot 1, Block 1, K -MAC Owasso (13315 E. 116th St. North) 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($1 50.00). Payment shall be clue and 'payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit lees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that lie /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Proiect Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer fiuther covenants and agrees to comply with Section I, Section 11 and Section 111 of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below, Executed by the City of Owasso, Oklahoma, on the _day of , 20_ Executed by the Design Engineer on the 11 day of February 2015 CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Public Works Director %DESIGN ENGINEER Design Engineer BY �Ak.�nt e ,l 2j' Title ATTEST: On Secretary AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Khoury WITNESSETII: ineering, Inc. hereinafter called "Design Engineer ". WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements Access Road construction and improvements to serve the proposed Taco Bell, including Drainage improvements. RECEIIIED FEB 12 2015 CrfY OF OWASSO PUBLIC WORKS which shall be located on the following described tract of land: Lot 1, Block 1, K -MAC Owasso (13315 E. 116th St. North) OT660 13E U_ ImPRoyFr+?EnITS 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PI-PI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. "file Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than$ 1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. -r'he Design Engineer further covenants and agrees to comply with Section I, Section 11 and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the _day of , 20_ Executed by the Design Engineer on the 11 day of February 2015. CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Public Works Director DESIGN EN iNEER Design Engineer BY Title A'1713 Secreta y THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and CRAFTON, TULL & ASSOCIATES, INC hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner/Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to tlus Contract) shall generally consist of the following types of improvements STREETS, GRADING, DETENTION BASIN, OUTLET STRUCTURE, STORM DRAIN WATER LINE EXTENTION, SANITARY SEWER EXTENTION which shall be located on the following described tract of land: A TRACT OF LAND LOCATED IN THE E/2 OF THE SE /4 OF SECTINO 32, T -21 -N, R -14 -E OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA C A 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /sire is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the _day of 20_ Executed by the Design Engineer on the & day of 20j4 . CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Public Works Director DESIGN ENGINEER & P. �4 Lcr <&- Design Engineer BY 6,4tcy E° Tit e ATTEST: Secretary OT City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Earl Farris Project Administrator SUBJECT: Acceptance of FY 2013 -2014 Street Rehabilitation Project and Authorization for Final Payment DATE: February 27, 2015 BACKGROUND: Included in FY 2014 budget, the Capital improvements Fund allowed for expenditure of $1,000,000 to repair and/or resurface residential and non - residential roadways throughout the City as part of the street rehabilitation program. In January 2014, City Council approved a construction contract with Tri -Star Construction in the amount of $827,296 to perform milling (removal of the top layer of asphalt), base, curb and gutter repair and fog seal. The project included areas in Ator Heights, Meadowcrest, Original Town and the East Service Road between E 991h St N and E 1061h St N. In February 2015, Tri -Star Construction completed all necessary work identified within the construction contract. All work meets standards for acceptance. FUNDING: Funding for this project is included in the Capital Improvements Fund budget. RECOMMENDATION: Staff recommends acceptance of the contract work and authorization for final payment to Tri - Star Construction in the amount of $55,519.64 resulting in a final contract amount of $760,652.15. ATTACHMENTS: Final Pay Request Location Map o'7,- S`I�1�7 EXHIBIT "A" STREET REPAIR PROJECT FY 2013 -2014 -CITY OF OWASSO - PAY ESTIMATE NO.jt8-(Final) PERIOD: CONTRACTOR BID AMOUNT OF ORIGINAL CONTRACT: $ 827,296.00 CONTRACT ADJUSTMENTS: 0.00 t ADJUSTED BID AMOUNT: $ 827,296.00 TOTAL COMPLETE WORK: $ 760,652.15 r , MATERIALS STORED (per attached tabulation): $ 0.00 0% S 760,652.15 LESS X.RETAINAGE: 0% $ 0.00 TOTAL EARNED LESS 1X.RETAINAGE: $ 760,652.15 PERCENTAGE OF PROJECT COMPLETION: 100% �7 LESS PREVIOUS PAYMENTS: $ 705,132.51 AMOUNT DUE THIS ESTIMATE: / $ 55,519.64 The undersigned Contractor certifies (lint to the bust of the Contractor's knowledge, information end belief the Work covered by this Payment Estimate has been completed in accordance with contract documents, that all amounts have been paid by the Contractor for Work which previous Payment Estimates were issued and payments received from the Owner, and that current payment shown herein is now due. j� CONTRACTOR Il /( 02/12/2015 By. _ t�+'v!' '"'" Date: PWiestMdrtager Manage g Member u State of Oklahoma UNN �wa f County of: Rogers Felmny jj Subscribed &sworn to before this 12 ley 20_ Notary Public H My COtlltrlisslOn Expires [1BC OF OKLAHOMA ROCERS COUNTY the of MW19PFN9. 00010003 RIFlFA m.J 0.2016 �t Recotnme led for Payment by: / 42,U-C,111 I I t J r-X / / GX 0/ 8 - --j — o Date Approved for Payment by: City of Owasso Date AGREEMENT 0212 00300 - Page 7 of 13 CERTIFICATE FOR PAYMENT In accordance with the contract documents, based on on -site observations and the date comprising the above application, the Contractor certifies to the Owner that to the best of the Contractor's knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. AMOUNT CERTIFIED $ 55,519.64 i (Attach explanation if amount certified differs from the amount applied for.) i, i, Tri -Star Construction, LLC By: e Date: 02/12/2015 This certificate is not nego' le. The AMOUNT CERTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment is without prejudice to any rights of the Owner or Contractor under this Contract. AGREEMENT 0212 00300 - Page 8 of 13 CONTINUATION SHEET Page _ of Application and Certification for Payment, containing Contractor's signed Certification is attached. Application Number: 8 (Final) Application Date: 02/12/2015 Period to: 02/12/2015 In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. A B C D E (cont) u ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED FROM PREVIOUS APPLICATION WORK COMPLETED THIS PERIOD "Please see attached Continuation Pages" u (cont) F G I-I I R E) MATERIALS PRESENTLY STORED (NOT IN D O TOTAL COMPLETED AND STORED TO DATE 0) 1 E +t) % (G /C BALANCE TO FINISH (C -G) RETAINAGE NOTE: At bottom of each column, run totals. 0212 00300 - Page 9 of 13 CONTINUATION PAGE Page 2 of 4 PROJECT: 1401 APPLICATION »: 8 Final Owasso Street Repair- FY 2013 -2014 DATE OF APPLICATION: 0 211 2/2 01 5 Payment Application containing Contractor's signature is attached. PERIOD THRU: 02/12/2015 PROJECT "s: 2013 -2014 A B C D E F G H I COMPLETED WORK STORED TOTAL % BALANCE RETAINAGE ITEM # WORK DESCRIPTION SCHEDULED MATERIALS COMPLETED AND COMP TO (If Variable) AMOUNT AMOUNT AMOUNT PREVIOUS THIS PERIOD (NOT IN D OR E) STORED (G / C) COMPLETION PERIODS (D +E +F) (C -G) QTY S AMT 1 Type I Pavement Repair $212,400.00 $298.463.76 $0.00 50.00 $298.463.76 141% ($86,063.76) 572.00 PER SY 2,950.00 4,145.33 0.00 0.00 4,145.33 - 1,195.33 .... ........... 2 ................................................................................................... Type 11 Pavement Repair $49,464.00 $49,464.00 ..................... $0.00 .......... $0.00 ........................ $49,464.00 .. ............................... 100% $0.00 ................. $72.00 PER SY 687.00 687.00 0.00 0.00 687.00 0.00 ............... 3 ................................................................ Remove antl 6" Replace Curb antl ............................... $56,375.00 $81,118.75 .... ....................... $0.00 ........ $0.00 .................... ....................... $81,118.75 144% .... ...................... ($24,743.75) ..... Gutter $25.00 PER LF 2,255.00 3.244.75 0.00 0.00 3.244.75 - 989.75 _...._._._. ___._..______ 4 _________ ............................................................... Remove and 8" Replace Curb and $11.130.00 ._.._........- $10,425.00 _......._-- - - - -._ $0.00 ____.___._- ..._.. -. $0.00 ..- .- .._- _..............._....- $10,425,00 94% ...._._ __.____._.__.......- $705.00 Gutter $30.00 PER LF 371.00 347.50 0.00 0.00 347.50 23.50 ............... 5 ........... ................ ..... .......... Sawcut Remove/Replace Curb & ....................... $54,780.00 .................................. 523,842.50 ............................... $0.00 $0.00 ........................................... $23,842.50 44 % ............................... $30,937,50 Gutter /Concrete Street (6" Std Full $30.00 PER LF 1,826.00 794.75 0.00 0.00 794.75 1,031.25 ............... 6 ..........................- ...._.._..... 2" Deep Full width Mill on __._.._....... ...................- $15,798.00 ......... -- $3,729.84 --......__.. .................-'-'....... $0.00 -.. $0.00 .........................._................ 53.729.84 24% ............................... $12,068.16 AsphaltlConcrete Street 56.00 PER SY 2,633.00 621.64 0.00 0.00 621.64 2,011.36 ........... .... 7 ... _.._............_._._._.. - - - - -- .............- 2" Edge Mill ........- _.._..__......._..__ $107.125.00 -- $36,868.45 --- ---....._- - ------ $0.00 -------_. - - - - -- -...- $0.00 ._ .......................-- $35,868.45 ------ 34% ___-- ................ $70,256.55 - ................ $2.50 PER SY 42.850.00 14,747.38 0.00 0.00 14,747.38 28,102.62 ............... 8 ................................................................................................... Remove and Replace $78,264.00 $81,968.40 ............... $0.00 ................ $0.00 ............. ........... $81,968.40 .. ............................... 105% ($3,704.40) ................. Driveway /Approach $72.00 PER SY 1,087.00 1,138.45 0.00 0.00 1,138.45 -51.45 ............. .. 9 ....'_Y ___.__.._.._._'____............--...........-... Valle Ginter ............................. $26,000.00 -. $28,479.75 - .-- ...- ..- ......__.__ $0.00 ._....- ............. $0.00 ... ......................________- $28,479.75 110% __.............-..........___----------- ($2,479.75) $65.00 PER LF 400.00 438.15 0.00 0.00 438.15 -38.15 ......_._ .... 10 ......... ................_........ - - - " -. Sidewalk Removal and -"---""'...-"°.........._..._....-.......-......-- $27,000.00 $24,731.40 ......._....._._.....-- $0.00 - - - - -_ $0.00 ...__._._......-........ $24.731.40 ......a...................... 92 / -. $2,268.50 - ...__________.. Replacement 560.00 PER SY 450.00 412.19 0.00 0.00 412.19 37.81 SUB - TOTALS $638,336.00 5639,091.85 50.00 $0.00 $639,091.85 100% ($755.85) CONTINUATION PAGE Quantum Software Solutions, Inc. Document CONTINUATION PAGE Page 3 of 4 PROJECT: 1401 APPLICATION#: 8 Final Owasso Street Repair - FY 2013 -2014 DATE OF APPLICATION: 02112/2015 Payment Application containing Contractors signature is attached. PERIOD THRU: 02H2/2015 PROJECT #s: 2013 -2014 A B C D E F G H I COMPLETED WORK STORED TOTAL % BALANCE RETAINAGE ITEM # WORK DESCRIPTION SCHEDULED MATERIALS COMPLETED AND COMP TO (If Variable) AMOUNT AMOUNT AMOUNT PREVIOUS THIS PERIOD (NOT IN D OR E) STORED (G / C) COMPLETION PERIODS (D +E +F) (bG) OTY $ AMT 11 Asphalt Filling of cracks on Service $8,220.00 $8.220.00 $0.00 $0.00 $8,220.00 100% $0.00 Road 55.00 PER LF 1,644.00 1.644.00 0 12 .............. Flowable Fill (Bid Purpose Only) ............ $7,200.00 ....... --- -------- $1,320.00 ............ $0.00 $0.00 ..............._.........._....... $1,320.00 18% ... ...... .............. $5.880.00 ................. $120.00 PER CY 60.00 11.00 0.00 0.00 11.00 49.00 ............... 13 .............................................................................. Traffic Control 54,500.00 ............................... $4,500.00 $1,035.00 ..................... $0.00 ... ............................... $5.535.00 123% .."'---'--..........._ ($1,035.00) ................. $4,500.00 PER LS 1.00 1.00 0.23 0.00 1.23 -0.23 ............... 14 ........... ............................... Atljust Valve to Grade ....... . . .. ... . ..... $4.760.00 ................ . . . . .. $4,760.00 ... ................... $0.00 ................ . . . .. $0.00 .......................... 54,760.00 ............................. 100% .. $0.00 ........... . . . . .. $280.00 PER EA 17.00 17,00 0.00 0.00 17.00 0.00 ..__._._..._. 15 ._ ...............__.......... ....... ... Adjust Manhole to Grade .......... .........._..._.__. 52,400.00 .._.._._...._............._..._ $0.00 $0.00 .__.._..___._______ 50.00 ...._._-.._._............................. $0.00 0% ......................_........ $2,400.00 $1.200.00 PER EA 2.00 0.00 0.00 0.00 0.00 2.00 ............... 16 .........---- ... --- ..... I ...... ....._ -__.. Removal of Pavement from _..._______.___________ $10,500.00 ------ .------------ .._ $1,496.29 _____....... .._.__......................... $0.00 $0.00 .... ...........------------ $1,496.29 ...._...._......._..._......... 14% $9,003.72 ................. Existing Gutter $3.50 PER BY 3.000.00 427.51 0.00 0.00 427.51 2,572.49 ._ ... ......... 17 ._...... ..............__..._._....__... Handicap Ramp _..._....___ ._.______..____..___._._______. $17,600.00 $25,600.00 ---------- ._.. ------ ..................... $0.00 . $0.00 .. ...................... $25,600.00 .... ....._ 145% ......... .. ............ ($8,000.00) ................. $800.00 PER EA 22.00 32.00 0.00 0.00 32.00 -10.00 ............... 18 ........................................................ Backfill Topsoil Behind Curb ............................... $11,686.50 $4,793.54 . . . . . .. .... ........................... $0.00 . . .. $0.00 ...................'____ $4,793.54 --"---'--'---...-. 41% __............................. $6,892.97 54.50 PER BY 2,597.00 1,065.23 0.00 0.00 1,065.23 1,531.77 ............... 19 .0.. ........................................._.............................. Sodding $6,492.50 ........................_..._._ $2,663.08 $0.00 ------------------------ $0.00 ......................... $2,663.08 ...................__....__.._. 41% $3,829.43 __...._.......... $2.50 PER SY 2,597.00 1,065.23 - 0.00 0.00 1,065.23 1,531.77 ............... 20 ........... ............................... Clean/Power Broom Exist Streets ....................... $8,000.00 .................................. $8,000.00 ............................... $1,520.00 50.00 .................. ...... $9,520.00 ................ 119% ............................. ($1,520.00) .. before County Overlay $8,000.00 PER LS 1.00 1.00 0.19 0.00 1.19 -0.19 SUB - TOTALS $719.695.00 $700,444.75 $2,555.00 $0.00 $702,999.75 98% $16,695.26 CONTINUATION PAGE Quantum Software Solutions. Inc. Document CONTINUATION PAGE Page 4 of 4 PROJECT: 1401 APPLICATION#: 8 Final Owasso Street Repair- FY 2013-2014 DATE OF APPLICATION* 02/1212015 Payment Application containing Contractor's signature is attached. PERIOD THRU: 02/1212015 PROJECT #s: 2013-2014 A B C D I E F G H I COMPLETED WORK STORED TOTAL % BALANCE RETAINAGE ITEM WORK DESCRIPTION SCHEDULED AMOUNT AMOUNT MATERIALS COMPLETED AND COMP TO (If Variable) AMOUNT PREVIOUS THIS PERIOD (NOT IN D OR E) STORED (G/C) COMPLETION PERIODS (D+E,F) (C-G) QTY $AMT 21 Mobilization /Demobilization $20,000.00 $20,000.00 $0.00 50.00 $20,000.00 100% $0.00 $20.000.00 PER LS 1.00 1.00 0.00 0-00 1.00 0.00 22 ........................ -- ------ ----------------------------------- Project Allowance 550,000.00 .... $0.00 ............ ......... $0.00 ................... - $0-00 ----- .. S0-00 ...... 0% 550,000.00 ...... $50,000.00 PER LS 1.00 0.00 0.00 0.00 0+00 1.00 23 ............................... Alt 4.1- Asphalt Pavement Fog ................... $13,800.00 ------- .. $13,800.00 ..... - ..... -- ..... $0.00 .............. ...... 50.00 ........... $13,800.00 100% $0.00 ......... Seat $1.15 PER SY 12,000.00 12,000.00 0.00 0.00 12,000.00 0100 24 ................ Alt 4.2 - Clean/Power Broom Exist. ............... $8,00000 --------------------- $8,000.00 -------- I ------------- s0.00 - I --------------- $0.00 ...... 58,000.00 100% $0.00 ...... Streets t>efore County Overlay $8,000.00 PER LS 1.00 1.00 0.00 0100 1.00 0.00 25 ............................ Aft 5.1 -4" White Thermoplastic ...... ...... $7,758.00 ............. ............................... $0.00 $7,983.90 ----------------------- S0.00 ........................ $7,983.90 ---------- 103% -------- ($225.90) Striping $0.90 PER LF 8,620.00 0.00 8,871.00 0.00 8,871.00 -251.00 ..... 26 ...... - ...... Alt 5.2- 4 " Yellow Thermoplastic ......... 57,578.00 ...... .......... 50-00 ... - .......... . $7,731.00 .................. $0.00 ... ............................... S7,731.00 102% ........... . ($153.00) ................. Stroinq $0,90 PER LF 8.420.00 0.00 8,590.00 0.00 8.690.00 -170.00 ............... 27 ........... ---------- Alt 5.3 - 24" Thermoplastic Stop ....................... -...................... $165.00 $0.00 ...................... S137.50 ..................... $0.00 $137.50 83% .. ............ ......... $27.50 .. ............... Bars $5.50 PER LF 30.00 0.00 25.00 0.00 25+00 5.00 ............... 28 ...................... .......... .......... 1--1-1 Aft 5.4 - White Turn Arrow- ......... ..... $300.00 ...................... 30.00 ....... .............. $0.00 ..................... S0-00 ............................ 50.00 0% ....... $300.00 Thermoplastic .. ................ $150.00 PER EA ------------ ------------- ------------- ............ ....... ...... - ..... .. 2.00 --- I ---- "I--, ...... - . ......... ....... - 0+00 ...................... ------- I--,,-,-, ------ 0.00 ........ ............. ------ a00 .................................. 0.00 ...... .......... ......... ...... --- 2.00 ------- ...... --- ---------- --- .. -------------- ...... -- ------ TOTALS i $827,296.00 1 $742.244.75 1 $18,407.40 $0.00 $760,652.15 92%1 566,643.86 CONTINUATION PAGE Quantum Software Solutions, Inc. Document STATE OF OKLAHOMA COUNTY OF Rogers CLAIM OR INVOICE AFFIDAVIT )SS The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant fiuther states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant farther states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain pay ent or the award of this contract. Contractor or Supplier ' Subscribed and sworn to before me this 12th day of February 2015 Notary Public PAULA DUNN Commission # NOTARY PUBLIC STATE OF OKLAHOMA ROGERS COUNTY My Commission Expires: COMMISSION NO. 00010083 COMMISSION u Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this _ day of Notary Public Commission # My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. 0212 00300 -Page 10 of 13 m n E 0 U n 0 E c 0 0 0 J U m a` m U C O C m C COMPLETED PROJECTS The Cily Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: FY 2014 -2015 Street Rehabilitation Program Bid Award DATE: February 27, 2015 BACKGROUND: Annually, the Capital Improvements Fund allows for the expenditure of funds to repair and /or resurface residential and non - residential roadways. Street rehabilitation sites are evaluated and selected based on a comprehensive assessment of roadway conditions. The selection process is aimed at maximizing the taxpayer's return on investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway driving conditions and public safety. The priority list for the FY 2014 -15 Street Rehabilitation Project was submitted for City Council consideration and approved on August 12, 2014. PROJECTS: In July 2014, the Public Works staff completed an update to the city's street inventory. The data collected for the model was adjusted to reflect changes in segment conditions and a new priority listing was generated. A map depicting the location of the Council approved priority sites are attached for review. • Three Lakes Loop repairs from 1 17th East Ave /86th Street North to 121st East Ave /86th Street North - Base Bid (Asphalt of this road was included in the additive alternate) • North Main from the north side of the Kum & Go to 161h Street - Base Bid • 121s' East Ct from 90th Street North south to the cul -de -sac- Base Bid • 90th Street North from 121s' East Ave to 123rd East Ave - Base Bid In previous years, the City of Owasso has partnered with Tulsa County to complete various asphalt overlay portions of the rehabilitation project. This year the overlays are time - sensitive due to the projects being located in front of three schools: Afar Elementary, Owasso 71h Grade Center and Smith Elementary. These projects were bid to include the asphalt overlay performed by the contractor. The base bid for the Three Lakes Loop project included the utilization of Tulsa County for the asphalt overlay. The additive alternate bid included the contractor performing the asphalt overlay. BID ADVERTISEMENT: Advertisements for bids were published on January 15, 2015 and January 22, 2015. In accordance with state law, a mandatory pre -bid meeting was held at City Hall on February 5, 2015 with three (3) contractors in attendance. The bid opening was held on February 24, 2015 at City Hall, ANALYSIS OF BIDS: Three (3) bidders submitted bids on this project. The base bid is for the repairs needed to the roads, plus the bid results are included in the following Table: Bidder Base Bid Add. Alt. BECCO $861,928.50 $110,490.00 Tri -Star Construction $1,016,261.00 $99,441.00 A &A Asphalt $1,083,357.80 $92,259.15 Engineer's Estimate $1,198,953.00 $99,441.00 The low bidder was BECCO, Tulsa, OK. The Base Bid from BECCO is $861,928.50. With the additive alternate, the bid for BECCO is $972,418.50. PROJECT FUNDING: Funding in the amount of $1 million is included in the Capital Improvements Fund. RECOMMENDATION: Staff recommends bid award to BECCO Construction of Tulsa, Oklahoma to include the base bid and additive alternate in the amount of $972,418.50. ATTACHMENTS: Location Map Agreement Ll SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the 3rd day of March. 2015, by and between City of Owasso (hereinafter called OWNER) and BECCO Contractors. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: STREET REPAIR PROJECT FY 2014 -2015 CITY OF OWASSO, OKLAHOMA ARTICLE 2. DEPARTMENT The PROJECT has been assigned by the OWNER to the DEPARTMENT (City of Owasso Public Works). The DEPARTMENT Director, Project Administrator and City Engineer are the duly authorized representatives of the OWNER who will assume the duties and responsibilities and will have the rights and authority assigned to DEPARTMENT in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within one hundred eighty (180) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within two hundred ten (210) calendar days from the date of Notice to Proceed, which will be on or before , 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 4.3 Contractor price for the project is: $972.418.50 ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 90% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the WORK completed, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Consultants do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terns and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages I to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 6, inclusive, and Standard Drawings. 7.21 Addendum Numbers I to 1, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to _ inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself/herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his/her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on March 3rd. 2015. OWNER: City of Owasso CONTRACTOR: C Mayor C (Person in Charge) (SEAL) ATTEST: Title Address for giving notices: (SEAL) Title T Wit out Lim if s. TO: The Honorable Mayor and City Council City of Owasso The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Ordinance No. 1049 and OPWA Resolution No. 2015 -01 Ranch Creek Sewer Interceptor Assessment Fee DATE: February 27, 2015 BACKGROUND: The Ranch Creek Sanitary Sewer Interceptor has provided sanitary sewer service for residents located on the west side of HWY 169 since 1984. Since then, approximately 2,094 acres have been developed within the basin over the past 30 years. After excluding floodway acreage, 8,195 acres are within the Ranch Creek sanitary sewer basin. The 2005 Wastewater Master Plan, prepared by Greely and Hansen, LLC, identified the need for improving this sewer interceptor in order to accommodate additional residential and commercial development by providing adequate conveyance capacity for current and future wastewater flows. In April 2012, OPWA Trustees approved a project concept and funding source for the Ranch Creek Interceptor Improvement Project. Furthermore, in May 2012, Trustees approved an engineering agreement with Kellogg Engineering for the design of the Ranch Creek Interceptor Improvements. In April 2013, Trustees approved Resolution No. 2013 -02, authorizing an application for financing with Oklahoma Water Resources Board (OWRB) to obtain funds for the Ranch Creek Interceptor Improvements Project. In February 2014, construction phase of the Ranch Creek Interceptor commenced with completion occurring in January 2015. Acceptance of the project is listed on the March 3, 2015 for Trustee approval. PROPOSED ORDINANCE: The basin to be served by the sewer interceptor project includes 8,195 acres. 2,094 net acres are currently being served by the sanitary sewer Interceptor, 3,622 net acres are available for development and 2,478 net acres previously developed not currently served now have access to sewer service through the new Ranch Creek Interceptor. The project has been initially funded by a construction loan and subsequent long -term financing (up to 30 years) from the OWRB. The loan would be paid from the OPWA utility revenues, not from sales tax or other City revenues. As with other sanitary sewer interceptors, staff is recommending that any development utilizing the interceptor line to connect for sewer service would be required by ordinance to pay a per -acre assessment fee to the OPWA. The proposed assessment fee is based on the final project cost. The construction cost, including interest and other financing costs would be added to the final construction costs to establish the final project cost as a basis for the per -acre fee. The proposed ordinance would do the following: • Establish the Ranch Creek Interceptor Assessment Area; • Assess a mandatory fee for connection to the Ranch Creek Interceptor; and • Authorize the assessment fee rate to be established by Resolution. PROPOSED OPWA RESOLUTION: The assessment fee rate includes a payback calculation for properties that are within the Assessment Area, and approved to tie into the new Ranch Creek Interceptor. Upon approval, payment of this assessment will be mandatory and assessment fees will be due upon the approval of a final plat or connection to the sanitary sewer system. The total number of acres included in the Assessment Area is 6,100, with the total cost of the project coming to $3,723,000. Total costs include acquisition of land, construction costs, professional fees, interest and all other lawful fees. As such, the mandatory assessment fee has been calculated to be $610.33 per acre. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 1049 establishing the Ranch Creek Sanitary Sewer Interceptor Assessment Area and assessing a mandatory per -acre fee for connection to the Ranch Creek Sanitary Sewer Interceptor such per -acre fee to be established by OPWA Resolution. Staff recommends Trustee approval of OPWA Resolution No. 2015 -01 establishing the required mandatory per acre assessment fee of $610.33 for the Ranch Creek Sanitary Sewer Interceptor per the City of Owasso Code of Ordinance, Section 17 -305. ATTACHMENTS: Ranch Creek Sanitary Sewer Basin Map Ordinance No. 1049 OPWA Resolution No. 2015 -01 CITY OF OWASSO ORDINANCE NO. 1049 AN ORDINANCE RELATING TO PART 17 UTILITIES, CHAPTER 3, SEWER SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY ESTABLISHING AN ASSESSMENT AREA FOR CONSTRUCTION OF THE RANCH CREEK SEWER INTERCEPTOR IMPROVEMENTS THIS ORDINANCE AMENDS PART 17, CHAPTER 3, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ENACTING SECTION 17 -305, RANCH CREEK SEWER INTERCEPTOR ASSESSMENT AREA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 17, Utilities, Chapter 3, Sewer System, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION 17 -305 RANCH CREEK SEWER INTERCEPTOR ASSESSMENT AREA A. It is the purpose of this ordinance to promote public health, safety and welfare by constructing and maintaining and improving a sewer line from a point between East 76th Street North and East 961h Street North adjacent to Mingo Road. This improvement shall be known as and referred to within this ordinance as the "Ranch Creek Sewer Interceptor." B. The Ranch Creek Sewer Interceptor is hereby established as the area depicted on the map attached hereto as Exhibit "A." Exhibit "A" shall be made a part of this ordinance. This area shall be designated as the Sewer Assessment Area. All property within the Sewer Assessment Area may connect to the Ranch Creek Sewer Interceptor subsequent to the effective date of this ordinance. C. All costs associated with the construction of the Ranch Creek Sewer Interceptor, including costs for the acquisition of the land, construction costs, professional fees, interest, and other lawful and authorized costs and fees, may be recouped through a per acre assessment for all property located within the Sewer Assessment Area. The assessment amount per acre shall be established subsequent to approval of this Ordinance through adoption of a Resolution by the Owasso Public Works Authority after construction of the Ranch Creek Sewer Interceptor has been completed. D. This assessment shall be paid as a fee for sewer services for properties developed henceforth in the Sewer Assessment Area. Payment of this assessment is mandatory, and shall be due upon the approval of a final plat. Properties within the Sewer Assessment Area which have already been developed shall pay such assessment upon connection to the Ranch Creek Sewer Interceptor. E. Properties not located within the Sewer Assessment Area may request connection to the Ranch Creek Sewer Street Interceptor. Upon approval of the connection, payment of the assessment becomes mandatory and shall be due upon the approval of a final plat. Properties which have already been developed shall pay such assessment upon connection to the Ranch Creek Sewer Interceptor. SECTION TWO (2): REPEALER All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by enacting an ordinance to be codified in Part 17, Chapter 3, as Section 17 -305. PASSED by the City Council of the City of Owasso, Oklahoma on the 3rd day of March, 2015, ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality Julie Lombardi, City Attorney 2 Jeri Moberly, Mayor OWASSO PUBLIC WORK AUTHORITY OWASSO, OKLAHOMA RESOLUTION NO. 2015 -01 A RESOLUTION ESTABLISHING THE SEWER SERVICE ASSESSMENT FEE IN THE RANCH CREEK SEWER INTERCEPTOR ASSESSMENT AREA WHEREAS, the Owasso City Council previously adopted Ordinance No. 1049, "Ranch Creek Sewer Interceptor Assessment Area," in the Owasso Code of Ordinances which provided a per acre assessment fee for sewer services for all property located within the Sewer Assessment Area that are developed subsequent to the effective date of the ordinance and upon connection of currently developed properties to the Ranch Creek Sewer Interceptor; WHEREAS, the Trustees of the Owasso Public Works Authority by virtue hereof hereby create a mechanism for recoupment of the costs associated with the Ranch Creek Interceptor Sewer as provided hereinafter; WHEREAS, final construction of the project has been completed and the project has been accepted by Trustees of the Owasso Public Works Authority. The mandatory assessment fee has been calculated to be $610.33 per acre; NOW, THEREFORE, BE IT RESOLVED that the mandatory assessment fee for sewer services in the Ranch Creek Sewer Interceptor Assessment Area, as set forth in Ordinance No. 1049 of the Owasso Code of Ordinances, shall be $610.33 per acre. ADOPTED this 3rd day of March, 2015 Jeri Moberly, Chair ATTEST: Sherry Bishop, Authority Secretary APPROVED AS TO FORM: Julie Lombardi, Authority Attorney