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Home My WebLink About2020.12.15_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK TUESDAY, DECEMBER 15, 2020 - 6:30 PM AGENDA 1. Call to Order RECEIVED Mayor Bill Bush DEC 11 2020 '7$ 2. Invocation Pastor Chuck Finster of Bible Church Owasso City Clerk's Office 3. Flag Salute 4. Roll Call 5. Presentation of Proclamation Mayor Bill Bush The Mayor will present a proclamation declaring the City of Owasso as a Purple Heart City. 6. Presentation of Employee of the Year Warren Lehr 7. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - December 1, 2020, and December 8, 2020, Regular Meetings B. Approve claims C. Approve Resolution 2020 -21, endorsing the Tulsa Regional Chamber 2021 OneVoice Regional Legislative Agenda D. Accept public infrastructure of a stormwater conveyance system for the Garrett Creek Development located at 1 1412 - 11426 North 134th East Avenue E. Accept public infrastructure of two concrete approaches and sidewalk for Kum & Go located at 502 East 2nd Avenue 8. Consideration and appropriate action relating to items removed from the Consent Agenda 9. Consideration and appropriate action relating to a request for a Specific Use Permit (SUP 20- 03) for Granny and Dots, child daycare facility, containing approximately 1.58 acres, and located southwest of the corner of East 86th Street North and North 1451h East Avenue, just south of the Casey's General Store Alexa Beemer Staff recommends approval of Specific Use Permit 20 -03. 10. Consideration and appropriate action relating to bids received for the Elm Creek Park Renovation Project Larry Langford Staff recommends awarding the bid to Magnum Construction, Inc., of Broken Arrow, Oklahoma, in the amount of $397,078.00 and authorization to execute the necessary documents. Owasso City Council December 15, 2020 Page 2 11. Consideration and appropriate action relating to an interlocal agreement with the Board of County Commissioners of Tulsa County for roadway paving assistance at the south end of the Sports Park Complex Larry Langford Staff recommends approval of the Interlocal Agreement with Tulsa County and authorization to execute the necessary documents. 12. Consideration and appropriate action relating to an agreement for engineering services for the Blackjack Creek Master Drainage Plan Update and Letter of Map Revision Dwayne Henderson Staff recommends approval of the Agreement for the Engineering Services for the Blackjack Creek Master Drainage Plan Update and Letter of Map Revision with Meshek 8. Associates, LLC, of Tulsa, Oklahoma, in the amount of $123,035.00, and authorization to execute the necessary documents. 13. Report from City Manager 14. Report from City Attorney 15. Report from City Councilors 16. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report- pay period ending date December 5, 2020 • Health Care Self- Insurance Claims -dated as of December 10, 2020 • Monthly Budget Status Report - November 2020 17. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 18. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 13, 2019, and the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, December 11, 2020. Jujionn M. Stevens. Citv Cleo The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 -376 -1502 or by email to istevens@cifyofowosso.com The City of Owasso, Oklahoma ftocfamation kWORPAS', The City of Owasso is proud to recognize purple Heart recipients that have sacrificed and shown courage in defending our freedoms and believe it is important to show them the support they have earned; ana' UNIOR£'ffS', the Purple Heart is the oldest military decoration presently awarded, and was first created as the Radge of /Military Merit by George Washington in August of 1782; and WWORFAR, the Purple Heart was the first American service award or decoration presented to service members, and is specifically awarded to any member of the United States Armed Services wounded or killed in combat with a declared enemy of the United States; and, U)NERPAS', residents of Owasso have made the ultimate sacrifice in giving their lives in the cause of freedom, and numerous combat- wounded veterans currently reside within this City and contribute to the community in countless ways; and, WHPRI'RS, chartered by Congress, Me Military Order of the Purple Heart is to foster an environment of goodwill and camaraderie among combat wounded veterans, promote patriotism, support necessary legislation initiatives, and most importantly, provide support to all veterans and their families; and, WHERMS, the City of Owasso wishes to pledge strong support to The /Military Order of the Purple Heart and those who put their lives at risk in service to their country, freedom, and their fellow citizens. NOW, THSRETORE, 1, Rill Rush, by virtue of the authority vested in me as /Mayor of the City of Owasso, do hereby proclaim the City of Owasso as a am 1N W)TN955 THSRPOT, 1, have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 151h day of December, 2020. Rill [Bush, Mayor OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 1, 2020 The Owasso City Council met in regular session on Tuesday, December 1, 2020, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 13, 2019; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 12:00 pm on Wednesday, November 25, 2020. 1. Call to Order Vice Mayor Kelly Lewis called the meeting to order at 6:30 pm. 2. Invocation The Invocation was offered by Reverend Bryan Beard of Church of the Holy Cross. 3. Flag Salute Councilor Lyndell Dunn led the flag salute. 4. Roll Call Present Vice Mayor - Kelly Lewis Councilor - Doug Bonebrake Councilor - Lyndell Dunn A quorum was declared present. Staff: City Manager- Warren Lehr City Attorney - Julie Lombardi Absent Mayor - Bill Bush Councilor- Chris Kelley 5. Presentation of Character Trait Of Generosity Warren Lehr, Character Council Member, presented the character trait for the month of December. 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 - November 17, 2020, Regular Meeting B. Approve claims Mr. Bonebrake moved, seconded by Mr. Dunn to approve the Consent Agenda, as presented, with claims totaling $787,535.01. YEA: Bonebrake, Dunn, Lewis NAY: None Motion carried: 3 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda None 8. Consideration and appropriate action relating to bids received for the Police Department Firearms Range Turning Target System Mike Barnes presented the item, recommending to award the base bid and alternates #1 and #3 to ATS Targets of Waconia, Minnesota, in the amount of $60,856.45, and authorization to execute the necessary documents. Owasso City Council December 1, 2020 Page 2 There were no comments from seconded by Mr. Dunn to award recommended. YEA: Bonebrake, Dunn, Lewis NAY: None Motion carried: 3 -0 the audience. After discussion, Mr. Bonebrake moved, the bid and authorize execution of the documents, as 9. Consideration and appropriate action relating to a change order for the East 76th Street North Roadway Improvements from US Highway 169 to North 1291h East Avenue Dwayne Henderson presented the item, recommending approval of Change Order No. 4 in the amount of $39,816.26 and authorization to execute the necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve the Change Order and authorize execution of the documents, as recommended. YEA: Bonebrake, Dunn, Lewis NAY: None Motion carried: 3 -0 10. Report from City Manager • Monthly Public Works Project Status Report Warren Lehr introduced Roger Stevens to provide the monthly Public Works project status report. Mr. Lehr reported the Redbud Festival Park lights have been turned on, and the State of the City address will be held on December 2, 2020. 11. Report from City Attorney None 12. Report from City Councilors None 13. Official Notices to Council (documents for acknowledgment of receipt or information only, no discussion or action will be taken) The Vice Mayor acknowledged receipt of the following: • Payroll Payment Report - pay period ending date November 21, 2020 • Health Care Self- Insurance Claims - dated as of November 24, 2020 14. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 15. Adjournment Mr. Dunn moved, seconded by Mr. Bonebrake to adjourn the meeting. YEA: Bonebrake, Dunn, Lewis NAY: None Motion carried: 3 -0 and the meeting adjourned at 7:03 pm. Kelly Lewis, Vice Mayor Juliann M. Stevens, City Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING Tuesday, December 8, 2020 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, December 8, 2020, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 13, 2019; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, December 11, 2020. 1. Call to Order /Roll Call Mayor /Chair Bill Bush called the meeting to order at 6:00 pm. Present Absent Mayor /Chair - Bill Bush None Vice Mayor /Vice Chair- Kelly Lewis Councilor /Trustee - Chris Kelley Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndell Dunn A quorum was declared present. 2. Discussion relating to a request for a Specific Use Permit (SUP 20 -03) - 1.58 acres located southwest of the East 86th Street North and North 145th East Avenue intersection, just south of the Casey's convenience store (Granny and Dots) Alexa Beemer presented the item and discussion was held. It was further explained this item would be placed on the December 15, 2020, City Council agenda for consideration and action. 3. Discussion relating to City /Authority Manager items A. Tulsa Regional Chamber 2021 OneVoice Regional Legislative Agenda B. Monthly sales tax report C. City /Authority Manager report Warren Lehr introduced Juliann Stevens to present item A and discussion was held. It was further explained that an item would be placed on the December 15, 2020, City Council Consent agenda for consideration and action. Mr. Lehr introduced Jennifer Newman to present item B and discussion was held. Mr. Lehr reported on Coronavirus Relief Funding received from Tulsa County and the new City Manager of Claremore, John Feary. 4. City Councilor /Trustee comments and inquiries None 5. Adjournment The meeting adjourned at 6:13 pm. Bill Bush, Mayor /Chair Juliann M. Stevens, City Clerk Claims List - 12/15/2020 Fund Vendor Name Payable Description Payment Amount 01 GENERAL AT &T CONSOLIDATED PHONE $30.67 AT &T LONG DISTANCE PHONE $8.12 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - NOV, $15.81 CITY GARAGE LABORIOVERHEAD - DEC, 202 $258.92 CITY GARAGE VEH PARTS PURCHASED - $190.66 NOV FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $33.27 JPMORGAN CHASE BANK AMAZON- SUPPLIES $567.75 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $388.73 JPMORGAN CHASE BANK LOWES- SUPPLIES $178.44 JPMORGAN CHASE BANK WATERSTONE- CLEANING $35.70 RELIEF VETERINARY SERVICES STERILIZATION SERVICES $450.00 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ANIMAL CONTROL - Total $2,238.09 UNIFIRST HOLDINGS LP UNIFORM SERVICE $19.32 GEN CEMETERY -Total $19.32 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $310.95 GEN COMMUNITY CENTER -Total $310.95 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - NOV, $47.15 CITY GARAGE LABORIOVERHEAD - DEC, 202 $390.92 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $77.63 JPMORGAN CHASE BANK GRAPHIC RES -TONER $459.44 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $12.59 TULSA COUNTY CLERK TULSA COUNTY FILINGS $18.00 VERIZON WIRELESS WIRELESS CONNECTION $402.66 GEN COMMUNITY DEVELOPMENT - Total $1,408.39 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES- NOV, $28.50 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $4.58 JPMORGAN CHASE BANK CANVA - SOFTWARE $12.95 JPMORGAN CHASE BANK LOWES -BELT $4.99 JPMORGAN CHASE BANK LOWES- SUPPLIES $8.88 GEN CULTURE & RECREATION -Total $59.90 JPMORGAN CHASE BANK ADOBE -SUB FEE $29.99 JPMORGAN CHASE BANK MEETING EXPENSE $70.09 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN ECONOMIC DEV -Total $140.09 CITY GARAGE LABOR/OVERHEAD - DEC, 202 $117.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $15.99 JPMORGAN CHASE BANK LOCKE- CONDUIT $179.96 JPMORGAN CHASE BANK SAMS- SUPPLIES $27.18 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELECTRIC $94.08 1 Claims List - 12/1512020 Fund Vendor Name Payable Description Payment Amount 01 GENERAL VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total $474.22 CITY GARAGE LABOR/OVERHEAD - DEC, 202 $561.92 CITY GARAGE VEH PARTS PURCHASED - $35.33 JPMORGAN CHASE BANK NOV $119.96 FELKINS ENTERPRISES LLC BUSINESS CARDS $35.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $175.52 UNIFIRST HOLDINGS LP UNIFORM SERVICE $30.40 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ENGINEERING -Total $918,19 CITY GARAGE LABOR/OVERHEAD - DEC, 202 $74.83 CITY GARAGE VEH PARTS PURCHASED - $292.29 JPMORGAN CHASE BANK NOV $119.96 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $23.69 JPMORGAN CHASE BANK SUNDANCE- SUPPLIES $15.98 OKLAHOMA MUNICIPAL CLERKS, MEMBERSHIP FEE $100.00 ROTARY CLUB OF OWASSO DUES $93.50 GEN FINANCE -Total $600.29 AT &T CONSOLIDATED PHONE $848.59 JPMORGAN CHASE BANK SAMS - TOWELS $16.98 JPMORGAN CHASE BANK STAPLES- SUPPLIES $119.96 JPMORGAN CHASE BANK SUNDANCE- SUPPLIES $7.99 MAILROOM FINANCE INC POSTAGE $1,000.00 MCAFEE & TAFT LEGAL-PERSONNEL $489.50 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $393.64 SUMNERONE INC (UPSTAIRS) COPIER SERVICE $511.96 TULSA COUNTY CLERK TULSA COUNTY FILINGS $18.00 VERIZON WIRELESS WIRELESS CONNECTION $41.29 GEN GENERAL GOVERNMENT -Total $3,447.91 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $111.65 GEN HISTORICAL MUSEUM -Total $111.65 JPMORGAN CHASE BANK SAV ON- BANNERS $380.00 GEN HR - CHAR INITIATIVE -Total $380.00 JPMORGAN CHASE BANK GIANT TV -EMPL DEV $305.43 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $30.49 JPMORGAN CHASE BANK STRATA- CHARACTER MAG $1,096.71 TULSA WORLD TULSA WORLD ADVERTISING $455.00 GEN HUMAN RESOURCES -Total $1,887.63 AT &T CONSOLIDATED PHONE $22.92 AT &T MOBILITY PUBLIC SAFETY WIRELES $80.08 CITY GARAGE LABORIOVERHEAD - DEC, 202 $80.00 74 Claims List - 12/15/2020 Fund Vendor Name Payable Description Payment Amount 01 GENERAL FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $24.55 PEAK UPTIME SUPPORT /MAINT RENEWAL $17,567.36 REALIZE INFORMATION TECHNOLOGY UPGRADE SUPPORT $562.50 VERIZON WIRELESS WIRELESS CONNECTION $200.05 GEN INFORMATION TECH -Total CNG FUEL PURCHASES - NOV, $18,537.46 A STITCH OF ART LLC EMPLOYEE RECOGNITION $420.00 CITY GARAGE LABOR /OVERHEAD - DEC, 202 $87.25 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $17.33 JPMORGAN CHASE BANK AMAZON -EMPL RECOG $29.98 JPMORGAN CHASE BANK MEETING EXPENSE $12.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $28.49 JPMORGAN CHASE BANK OK BAR ASSOC -FEE $275.00 JPMORGAN CHASE BANK OK MUNICIPAL -FEE $480.00 JPMORGAN CHASE BANK OWASSO CHAMBER -FEE $795.00 GEN MANAGERIAL -Total $1,429.02 $2,145.05 JPMORGAN CHASE BANK APT - TRAINING $178.00 TREASURER PETTY CASH OMCCA DUE- MCALISTER $55.00 GEN MUNICIPAL COURT -Total LANGUAGE LINE -SVC $233.00 AT &T CONSOLIDATED PHONE $13.48 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - NOV, $58.76 CITY GARAGE LABOR/OVERHEAD - DEC, 202 $1,155.33 CITY GARAGE VEH PARTS PURCHASED - $760.58 NOV CITY OF OWASSO WATER $815.50 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $229.45 JPMORGAN CHASE BANK LIBERTY FLAGS -FLAGS $642.00 JPMORGAN CHASE BANK LOCKE -PARTS $102.80 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $12.13 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN PARKS -Total $1,429.02 $3,830.04 AT &T CONSOLIDATED PHONE $316.41 DEPARTMENT OF PUBLIC SAFETY OLETS $350.00 JPMORGAN CHASE BANK LANGUAGE LINE -SVC $35.88 JPMORGAN CHASE BANK QUEENSBORO- UNIFORM $664.78 JPMORGAN CHASE BANK WALMART- SUPPLIES $21.94 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN POLICE COMMUNICATIONS -Total $1,429.02 JPMORGAN CHASE BANK GALLS -VEST $421.35 GEN POLICE DOJ VEST GRT -Total $421.35 ENABLEPOINT INC SOFTWARE $5,400.00 3 Claims List - 12/15/2020 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN POLICE SERVICES -Total TREASURER PETTY CASH CC REFUND -MCVEY $5,400.00 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - NOV, $289.17 CITY GARAGE LABOR/OVERHEAD - DEC, 202 $3,604.75 CITY GARAGE VEH PARTS PURCHASED - $4,016.38 JPMORGAN CHASE BANK NOV $182.36 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $477.36 JPMORGAN CHASE BANK NEW HOLLAND -MAINT $64.50 JPMORGAN CHASE BANK SAMS -MASKS $89.80 JPMORGAN CHASE BANK SUMMIT -MAINT $134.73 UNIFIRST HOLDINGS LP UNIFORM SERVICE $101.20 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN STORMWATER -Total - $8,857.91 AT &T CONSOLIDATED PHONE $22.92 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - NOV, $52.19 CITY GARAGE LABOR/OVERHEAD - DEC, 202 $569.50 JPMORGAN CHASE BANK LOCKE -AIR FILTERS $104.04 JPMORGAN CHASE BANK LOCKE- REPAIR $71.50 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $3.81 JPMORGAN CHASE BANK OWASSO CHAMBER -FEE $40.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $434.06 JPMORGAN CHASE BANK SUNDANCE- SUPPLIES $99.90 UNIFIRST HOLDINGS LP UNIFORM RENTAL $23.60 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN SUPPORT SERVICES -Total $1,461.53 AEP /PSO STREET LIGHTS $9.00 TREASURER PETTY CASH CC REFUND -MCVEY $50.00 TREASURER PETTY CASH CC USER FEE -MCVEY $75.00 GENERAL -Total $134.00 GENERAL -Total $54,445.99 20 AMBULANCE SERVICE CITY GARAGE LABORIOVERHEAD- DEC, 202 $1,078.08 CITY GARAGE VEH PARTS PURCHASED - $3,858.53 NOV FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $1,627.41 JPMORGAN CHASE BANK AMAZON- LIGHTS $182.36 JPMORGAN CHASE BANK BOUND TREE- SUPPLIES $954.96 JPMORGAN CHASE BANK CAPT'L WASTE -MED WAST $320.00 JPMORGAN CHASE BANK FULLERTON- OXYGEN $94.50 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES $195.18 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $4,232.03 JPMORGAN CHASE BANK LOWES -PARTS $2.56 JPMORGAN CHASE BANK S ANESTHESIA- SUPPLIES $1,290.71 4 Claims List - 12/15/2020 Fund Vendor Name Payable Description Payment ENGINEERING SERVICES - MI $1,232.50 MESHEK & ASSOCIATES, P.L.C. Amount 20 AMBULANCE SERVICE JPMORGAN CHASE BANK SUMNER ONE - COPIES $42.42 VERIZON WIRELESS JPMORGAN CHASE BANK TELEFLEX- SUPPLIES $145.50 JPMORGAN CHASE BANK TRAVEL EXPENSE $111.09 VERIZON WIRELESS WIRELESS CONNECTION $40.01 AMBULANCE -Total $14,175.34 AMERICAN MUNICIPAL SERVICES LTD COLLECTION SERVICES $24.00 CURTIS MOSEBY AMBULANCE REFUND $1,159.50 DARYL DUVALL AMBULANCE REFUND $146.06 JAMES DAVIS AMBULANCE REFUND $600.00 JOHN SHORE AMBULANCE REFUND $87.31 VIRGINIA STACY AMBULANCE REFUND $275.00 AMBULANCE SERVICE -Total $2,291.87 AMBULANCE SERVICE -Total $16,467.21 21 E -911 AT &T MO FEE T -1 CIRCUITS RADIO $1,015.86 COX COMMUNICATIONS MO SVC T -1 CIRCUITS RADIO $244.39 E911 COMMUNICATIONS -Total $1,260.25 E -911 -Total $1,260.25 25 HOTEL TAX JPMORGAN CHASE BANK AARTVARK- GRAPHIC DESI $370.00 JPMORGAN CHASE BANK GIRT SOUTHERN -FEE $750.00 JPMORGAN CHASE BANK MEETING EXPENSE $82.52 JPMORGAN CHASE BANK WEIHAAS -WEB MAINT FEE $600.00 HOTEL TAX ECON DEV -Total $1,802.52 CITY GARAGE LABOR/OVERHEAD - DEC, 202 $250.08 CITY GARAGE VEH PARTS PURCHASED- $24.98 NOV STRONG NEIGHBORHOODS -Total $275.06 HOTELTAX -Total $2,077.58 27 STORMWATER MANAGEMENT GKB INC DBA DITCH WITCH OF TULSA HYDRO -VAC EXCAVATOR $77,652.00 JPMORGAN CHASE BANK UPS - SHIPPING $75.59 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - MI $1,232.50 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES FOR $10,710.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE $11.98 VERIZON WIRELESS WIRELESS CONNECTION $40.01 STORMWATER- STORMWATER -Total $89,722.08 STORMWATER MANAGEMENT -Total $89,722.08 34 VISION TAX CROSSLAND HEAVY CONTRACTORS CONSTRUCTION SVCS $298,960.25 116TH -HWY 169 TO MINGO -Total $298,960.25 GARVER ENGINEERING SERVICES - 11 $7,038.00 116TH -MINGO TO GARNETT RD -Total $7,038.00 BKL INCORPORATED ENGINEERING SERVICES - E $10,000.00 Claims List - 12/15/2020 Fund Vendor Name Payable Description Payment Amount 34 VISION TAX 96TH FROM 119TH TO 129TH -Total $10,000.00 VISION TAX • Total $315,998.25 37 SALES TAX FIRE AT &T CONSOLIDATED PHONE $13.48 BIG POPPY'S UNIFORMS & APPAREL UNIFORM $8,659.00 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - NOV, $30.20 CITY GARAGE LABOR/OVERHEAD - DEC, 202 $3,229.75 CITY GARAGE VEH PARTS PURCHASED - $35.52 NOV CITY OF OWASSO WATER $84.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $1,256.99 JPMORGAN CHASE BANK AMAZON - BATTERIES $21.74 JPMORGAN CHASE BANK AMAZON -EQUIP $718.00 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $31.98 JPMORGAN CHASE BANK AMAZON -TOOLS $55.99 JPMORGAN CHASE BANK AMERIGAS- PROPANE $704.05 JPMORGAN CHASE BANK CONRAD -SEAT CUSHION $71.07 JPMORGAN CHASE BANK CONRAD- SUPPLIES $706.75 JPMORGAN CHASE BANK CUMMINS- ENGINE REPAIR $21,770.22 JPMORGAN CHASE BANK DAVIS &STATON -MERIT BA $496.00 JPMORGAN CHASE BANK EMTEC -PEST CONTROL $395.00 JPMORGAN CHASE BANK GRND RAPIDS - SUPPLIES $32.00 JPMORGAN CHASE BANK HOME DEPOT - BATTERIES $200.07 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES $280.90 JPMORGAN CHASE BANK IAFC -MEMB FEE $128.00 JPMORGAN CHASE BANK LENOX- TOWING $258.50 JPMORGAN CHASE BANK LIBERTY -FLAG REPAIR $80.00 JPMORGAN CHASE BANK LIGHTHOUSE - UNIFORMS $522.09 JPMORGAN CHASE BANK LOCKE -PLUG COVER $4.52 JPMORGAN CHASE BANK MEETING EXPENSE $1,050.00 JPMORGAN CHASE BANK METRO -RANGE $2,745.00 JPMORGAN CHASE BANK NAFECO - UNIFORMS $19,845.34 JPMORGAN CHASE BANK NORTHERN SAFETY -SUPPL $140.00 JPMORGAN CHASE BANK NORTHERN SFTY- GLOVES $432.00 JPMORGAN CHASE BANK NORTHERN SFTY- REPAIRS $197.00 JPMORGAN CHASE BANK OREILLY -PARK PLUG $2.99 JPMORGAN CHASE BANK OSFA -MEMB DUES $3,640.00 JPMORGAN CHASE BANK SAMS - SUPPLIES $58.30 JPMORGAN CHASE BANK SUMMIT -PARTS $40.96 JPMORGAN CHASE BANK T &W- REPAIR $38.20 JPMORGAN CHASE BANK WASH CO RW -WATER $136.74 JPMORGAN CHASE BANK WPSG -MASK BAGS $71.05 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $475.87 G Claims List - 12115/2020 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE VERIZON WIRELESS WIRELESS CONNECTION $1,042.82 SALES TAX FUND -FIRE -Total $69,702.09 SALES TAX FIRE - Total $69,702.09 38 SALES TAX POLICE AT &T CONSOLIDATED PHONE $793.31 AT &T MOBILITY PUBLIC SAFETY WIRELES $135.90 AXON ENTERPRISE INC BODY CAMERA SYSTEM $124,965.80 CITY GARAGE LABOR/OVERHEAD - DEC, 202 $10,936.58 CITY GARAGE VEH PARTS PURCHASED - $8,278.86 NOV CITY OF OWASSO WATER $42.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $5,515.97 JOHNSON EQUIPMENT COMPANY SALLY PORT DOOR REPAIR $295.00 JPMORGAN CHASE BANK ACADEMY - SUPPLIES $43.98 JPMORGAN CHASE BANK AMAZON- SUPPLIES $757.14 JPMORGAN CHASE BANK AMERICAN WASTE- RENTAL $108.95 JPMORGAN CHASE BANK AR500 ARMOR- FIREARMS $454.32 JPMORGAN CHASE BANK AXON -TOOLS $1,567.50 JPMORGAN CHASE BANK BLUE SHIELD - TRAINING $325.00 JPMORGAN CHASE BANK BROWNELLS- FIREARMS $69.12 JPMORGAN CHASE BANK CAMFIL- FILTERS $141.24 JPMORGAN CHASE BANK COX -CABLE SERVICE $83.65 JPMORGAN CHASE BANK GALLS -VEST $621.65 JPMORGAN CHASE BANK GT DIST -TOOLS $2,913.00 JPMORGAN CHASE BANK INTERSTATE -PARTS $62.40 JPMORGAN CHASE BANK JETPENS- SUPPLIES $75.00 JPMORGAN CHASE BANK LOWES- REFRIGERATOR $636.08 JPMORGAN CHASE BANK LOWES- REFUND ($52.08) JPMORGAN CHASE BANK LOWES- SUPPLIES $16.96 JPMORGAN CHASE BANK MARLOW- UNIFORM $358.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $95.80 JPMORGAN CHASE BANK OK BOARD OF TEST -FEE $12.00 JPMORGAN CHASE BANK PETSMART- SUPPLIES $71.99 JPMORGAN CHASE BANK REEVES - UNIFORM $96.89 JPMORGAN CHASE BANK SAMS- SUPPLIES $242.54 JPMORGAN CHASE BANK SOUTHERN RUBBER -STAMP $40.86 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $1,869.20 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORMS $1,686.83 JPMORGAN CHASE BANK USPS - POSTAGE $8.00 JPMORGAN CHASE BANK VISTAPRINT -CARDS $27.39 JPMORGAN CHASE BANK WALMART -PARTS $38.06 JPMORGAN CHASE BANK WALMART- SUPPLIES $104.92 JPMORGAN CHASE BANK WATERSTONE- CLEANING $983.90 VA Claims List - 12/15/2020 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $496.92 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE $196.00 THOMAS ALAN HOFFMANN MMPI $250.00 VERIZON WIRELESS WIRELESS CONNECTION $1,260.19 SALES TAX FUND - POLICE -Total $166,626.82 SALES TAX POLICE -Total $166,626.82 39 SALES TAX STREETS AEP /PSO STREET LIGHTS $5,866.55 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - NOV, $199.79 CITY GARAGE LABOR/OVERHEAD - DEC, 202 $3,562.75 CITY GARAGE VEH PARTS PURCHASED - $3,782.62 NOV FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - NOV, 2 $816.46 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $29.90 JPMORGAN CHASE BANK BROWN FARMS -SOD $24.50 JPMORGAN CHASE BANK LOWES- BOARDS $46.92 JPMORGAN CHASE BANK LOWES- MATERIALS $138.27 JPMORGAN CHASE BANK LOWES- SUPPLIES $579.65 JPMORGAN CHASE BANK LOWES -TOOLS $32.96 JPMORGAN CHASE BANK LOWES -WOOD $7.47 JPMORGAN CHASE BANK SAMS -MASKS $89.80 JPMORGAN CHASE BANK SHELTON- CONCRETE $1,662.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE $212.72 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $81.18 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $6.75 VERIZON WIRELESS WIRELESS CONNECTION $80.02 SALES TAX FUND-STREETS -Total $17,220.31 SALES TAX STREETS - Total $17,220.31 40 CAPITAL IMPROVEMENTS GARVER ENGINEERING SERVICES-10 $2,745.96 CIP 106 /129 INTERSECT IMP -Total $2,745.96 DIVERSIFIED CIVIL CONTRACTORS LLC CONSTRUCTION SERVICES $184,751.73 POE, LTD ENGINEERING SERVICES $2,565.00 AGRE CIP 1061145TH INTERSECT -Total $187,316.73 EAGLE ENVIRONMENTAL CONSULTING, INC FISH RESCUE /RELOCATION - $9,931.06 ELM CREEK DRAINAGE -Total $9,931.06 GRADE LINE CONSTRUCTION 2020 STREET REHAB $228,871.30 PROGRAM ST REHAB FY19.20 -Total $228,871.30 CAPITAL IMPROVEMENTS -Total $428,865.05 70 CITY GARAGE CITY GARAGE VEH PARTS PURCHASED - $3.60 NOV F' Fund 70 CITY GARAGE Claims List - 12/15/2020 Vendor Name FLEETCOR TECHNOLOGIES JD32418 ENTERPRISE INC JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK ONEOK, INC OKLAHOMA NATURAL GAS UNIFIRST HOLDINGS LP Payable Description Payment Amount FUELMAN EXPENSES - NOV, 2 $21.81 CAR WASH EQUIPMENT $11,246.00 CORNERSTONE - SUPPLIES $9.83 CORNERSTONE -TARP $36.99 HESSELBEIN -TIRES $294.80 HOOTEN -PARTS $699.60 LENOX- TOWING $428.50 MATTHEWS FORD - SERVICE $540.80 SAMS- TOWELS $18.98 SAVOW DECALS $130.00 UTP- WHEELS $805.00 NATURAL GAS USAGE $362.39 UNIFORM RENTAL $57.26 CITY GARAGE -Total $14,655.56 CITY GARAGE -Total $14,655.56 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS' COMP CLAIMS $10,817.41 UNITED SAFETY & CLAIMS INC UNITED SAFETY CLAIMS $1,658.33 WORKERS' COMP SELF -INS -Total $12,475.74 WORKERS' COMP SELF -INS -Total $12,475.74 77 GENERAL LIABILITY - PROPERT OKLAHOMA MUNICIPAL ASSURANCE INSURANCE POLICY $19,449.00 GROUP GEN LIAB -PROP SELF INS -Total $19,449.00 GENERAL LIABILITY - PROPERT - Total $19,449.00 78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK AMAZON -EQUIP $218.00 JPMORGAN CHASE BANK JPMORGAN CHASE BANK PUSH PEDAL -MAINT FEE $110.00 PUSH PEDAL - REPAIR $73.10 WELLNESS -Total $401.10 HEALTHCARE SELF INS FUND -Total $401.10 City Grand Total $1,209,367.03 sd REAL Pw -RE CN=,•AwlCgn.., TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens City Clerk SUBJECT: Resolution 2020 -21, endorsing the 2021 OneVoice Regional Legislative Agenda DATE: December 11, 2020 BACKGROUND: In 2007, the OneVoice Regional Legislative Agenda was created out of a desire by the Tulsa Regional Chamber of Commerce to unify regional advocacy influence at the State Capital and in Washington, DC. A vital part of the OneVoice process is the endorsement of the legislative agenda by all community partners and local government entities affiliated and involved in the development of the agenda. The Tulsa Regional Chamber is requesting the City of Owasso endorse and advocate for the 2021 OneVoice Regional Legislative Agenda. The 2021 OneVoice Regional Legislative Agenda has a wide array of focal points inclusive of both private and public interests with an emphasis on creating effective solutions for meeting the needs of Oklahoma's core services to include new and stable recurring revenue streams to fund or continue funding transportation, infrastructure, education, health care, and workforce resources. A proposed resolution was presented to the City Council for review and discussion at the December work session. RECOMMENDATION: Staff recommends approval of Resolution 2020 -21, endorsing the 2021 OneVoice Regional Legislative Agenda. ATTACHMENTS: Work session Memo December 4, 2020 Resolution 2020 -21 TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens City Clerk SUBJECT: Proposed Resolution, endorsing the 2021 OneVoice Regional Legislative Agenda DATE: December 4, 2020 BACKGROUND: In 2007, the OneVoice Regional Legislative Agenda was created out of a desire by the Tulsa Regional Chamber of Commerce to unify regional advocacy influence at the State Capital and in Washington, DC. A vital part of the OneVoice process is the endorsement of the legislative agenda by all community partners and local government entities affiliated and involved in the development of the agenda. The Tulsa Regional Chamber is requesting the City of Owasso endorse and advocate for the 2021 OneVoice Regional Legislative Agenda. ONEVOICE PROCESS: The annual legislative agenda is developed through the collaboration of more than 500 regional partners representing chambers of commerce, municipalities, counties, school districts, economic development organizations, and industry members. A key part of the OneVoice process is its exploratory task forces, where experts in each field come together to identify problems and craft solutions for the region and state. This year, task force meetings, as well as the legislative summit, used a virtual platform to discuss, identify, and prioritize key legislative issues for both the state and federal agendas. These priorities will be shared with state legislators and members of Congress throughout the state and federal sessions. 2021 ONEVOICE AGENDA: The 2021 OneVoice Regional Legislative Agenda has a wide array of focal points inclusive of both private and public interests. As in year's past, there is an emphasis on creating effective solutions to meet the needs of Oklahoma's core services to include new and stable recurring revenue streams to fund or continue funding transportation, infrastructure, education, health care, and workforce resources. An item has been placed on the December 8, 2020 Worksession agenda for additional discussion. CITY OF OWASSO, OKLAHOMA RESOLUTION 2020 -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA ENDORSING THE TULSA REGIONAL CHAMBER 2021 ONEVOICE REGIONAL LEGISLATIVE AGENDA WHEREAS, The Tulsa Regional Chamber, through the collaboration of more than 500 regional partners representing chambers of commerce, municipalities, counties, school districts, economic development organizations, and industry members, have determined a regional legislative agenda for 2021; and, WHEREAS, through these partnerships, the OneVoice Regional Legislative Agenda (see attachment) has come to reflect a unified commitment to improve and develop economic stability for northeast Oklahoma through active participation in our state and federal political processes; and WHEREAS, there is a need to increase our influence by efficiently communicating a regional message to the state legislature, members of congress, state and federal agencies aimed at maximizing resources and shaping policy that profoundly benefits our citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: The Owasso City Council hereby endorses the Tulsa Regional Chamber 2021 OneVoice Regional Legislative Agenda. DATED this 151h day of December, 2020 Bill Bush, Mayor ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney Attachment Resolution 20 -21 ' I'�':I_ STATE PRIORITIES ENSURING A PROSPEROUS ECONOMY MUNICIPAL FUNDING DIVERSIFICATION: Support legislation that removes barriers to allowing municipalities to reduce costs, increase efficiencies and diversify sources of revenue for operating revenue. Key initiatives include diversifying revenue for funding public safety agencies, streets and other infrastructure improvements, and preserving and strengthening cities' authority to promote economic development activities within their borders. STRENGTHEN OUR STARTUP ECOSYSTEM: Create targeted incentive programs that will foster the growth of northeast Oklahoma's entrepreneurial ecosystem. Oklahoma ranks 47th in venture capital expenditure, falling well behind our peers. Adopting a successful model employed in many other states, the Legislature should incentivize investment in Oklahoma angel networks. In addition to improving access to capital, efforts should also be made to improve the incentives available to startup, early -stage and small companies by creating targeted new credits and deductions or amending existing programs. ECONOMIC INCENTIVES: Support tax credits, exemptions and incentives that provide an economic return to the state of Oklahoma, maintain our competitiveness in business attraction and retention, and increase capital investment. Several programs proposed for review by the Oklahoma Incentive Evaluation Commission are critical to our state's competitiveness and should be continued, including: • Five -Year Manufacturing Ad Valorem Exemption • Manufacturing Sales Tax Exemption Permit • Historic Rehabilitation Tax Credit • All Quality Jobs programs • Quality Events Program • Film Enhancement Rebate • Automotive Engineering Tax Credit • Aerospace Engineering Tax Credit • Small Business Incubator Tenant Credit • Oklahoma Seed Capital Fund SELF - DETERMINATION IN FACILITY FIREARM POLICY: While supporting the rights granted bythe Second Amendment, protect the current law giving venue owners, event operators and recreational facilities the authorityto control firearm policies on property they manage. Removing this control would endanger Oklahoma's ability to attract events that bring thousands of visitors and millions of dollars Into our economy each year. Many events — especially in youth and collegiate sports — have nonnegotiable firearm policies, and removing the controls under current law would limit facility operators' ability to ensure the safety of their events and increase the cost of providing security, as well as potentially subjecting them to additional liability. 2021 Regional Legislative Agenda CRIMINAL JUSTICE REFORM: Strengthen alternatives to incarceration and support reforms in sentencing, reentry and rehabilitation that safely reduce the prison population and enable nonviolent offenders to reenterthe workforce. This should include investments in treatment and early- diversion efforts for individuals suffering from mental illness and addiction, increased access to training andjob placement forthose incarcerated or being released, as well as structural changes in the criminal justice system. These smart-on -crime reforms would improve community safety, reduce recidivism, lessen the burden on prisons and safety net programs, and enable more ex offenders to contribute meaningfully to Oklahoma's economy. BUILDING INFRASTRUCTURE CRITICAL TO BUSINESS MAKE OKLAHOMA ATOP 10 PIPELINE SAFETY STATE: Support the elimination of all exemptions to Oklahoma's one -call program, OKIE811. Eliminating the exemptions to the one -call program strongly promotes pipeline and underground utility safety. Support data - gathering initiatives that will provide additional information regarding sources of underground damages and initiatives that will limit unsafe excavations that have not been properly cleared by OKIE811. Exemptions to the one -call program contribute to underground utility incidents, threatening the safety and welfare of our fellow Oklahomans. This is especially important for the safety of the workers excavating without prior knowledge of what is below the ground. ATTRACT DEVELOPMENT, MANUFACTURING AND USE OF ENERGY STORAGE SYSTEMS: The Oklahoma governor, Legislature, Department of Commerce, and Center for the Advancement of Science and Technology ( OCAST) should pursue legislation, policies and funding designed to attract investment for the development, manufacture and use of energy storage systems in Oklahoma. Advancing technology, declining costs and Oklahoma's abundant natural renewable energy resources make these systems a desirable solution to lower energy costs and increase resiliency— all things that make Oklahoma attractive for new economic development. OCAST and the Department of Commerce recruitment and expansion programs can bring these technologyjobs to Oklahoma. Encouraging the development of advanced technologies for energy storage will ensure Oklahoma remains a leader in 21st century energy. SUPPORT CRITICALLY NEEDED TRANSPORTATION FUNDING: Continue to improve our roads and bridges, and return our streets and highways to a state of good repair, by fully funding the Oklahoma Department of Transportation's Eight -Year Plan and raising the funding cap on the County Improvement for Roads and Bridges Five -Year Plan. Initiate the programming and funding for the next phase of major regional roadway projects, including high capacity expressway -to- expressway interchanges between I- 44, U.S. 169, and State Highway 51; 1 -44 and State Highway 66 (near Catoosa); and capacity expansion of voiece regional business advocacy 2021 Regional Legislative Agenda U.S. 169 to six lanes from 66th Street North to State Highway 20; State Highway 20 bypass in Claremore; completion of expansion of State Highway 266 west of State Highway 167 and the Port of Catoosa: expansion of U.S. 75 to six lanes from 1 -244 (Red Fork Expressway) to State Highway 67; and State Highway 11 improvements. EDUCATED AND HEALTHY WORKFORCE ADDRESS THE TEACHER SHORTAGE: Improve the ability of Oklahoma's pre -K -12 public schools to attract and retain effective career teachers through policies designed to increase the state's pool of qualified teachers and improve teachers' job satisfaction. This should include developing a plan to become the top state in the region for teacher pay, incentivizing aspiring educators by providing full tuition waivers for education majors, and improving teaching conditions by reducing class sizes and increasing the number of education support professionals. MEDICAID EXPANSION: Successfully implement complete Medicaid expansion, as approved by Oklahoma voters, through the historically efficient and effective Oklahoma Health Care Authority administration to support the vitality of Oklahoma's $12.5 billion health care industry. LOCAL FUNDING OF EDUCATION: Provide municipalities the ability to supplement state education funding and target the unique priorities of their community. Voters in local communities should be able to increase their investment in their public schools without sacrificing or impacting their state funding. HEALTH CARE WORKFORCE EXPANSION: Address increasing health care workforce needs related to Medicaid expansion through the following means: • Use all available state and federal resources to support programs that expand community - based graduate medical education to meet the needs of a growing, aging and diverse population. • Consistently fund the Physician Manpower Training Commission to enhance recruitment and retention of physicians and other health care professionals in medically underserved areas. • Allow nurse practitioners and physician assistants with appropriate levels of training and experience to practice to the full extent of their licenses as part of a health care team. • Support reimbursement for approved programs that use technology to provide a collaborative model of medical education and care management, empowering primary care clinicians in rural and underserved communities to provide specialty care to patients. • Support and incentivize graduate medical education and fellowships in underserved specialties. • Request the Oklahoma State Regents for Higher Education, Oklahoma Department of Commerce and other state entities seek funding to address the gap in the number of health care practitioners and support occupations, including entry-level caregivers, needed throughout the state's health systems during the next 10 years. 2021 Regional Legislative `, t a i OKLAHOMA'S EDUCATION FUNDING: An exceptional education system provides leverage for Oklahoma by creating a competitively equipped and educated workforce, attracting new business, and ensuring that current businesses have the talent to thrive. To accomplish this, the state must: • Create and maintain a five -year, sustainable strategic funding plan so both the state of Oklahoma and its students have a competitive advantage. • Modernize funding formulas to ensure equity of opportunity for students and maximum effectiveness of funds for our state. • Distribute public education funds using an equitable and consistent method to support common, CareerTech and higher education to enhance Oklahoma's educational pipeline. MENTAL HEALTH TREATMENT AND SUPPORT: Expand and strengthen mental health and substance abuse services as a key tactic in the state's fight against COVID -19 and the ensuing economic downturn. The pandemic and recession have worsened a behavioral health crisis that increases employer costs and harms the state's workforce. To minimize the effects, Oklahoma should: • Capitalize on an opportunity to expand services with no new state dollars by maintaining level appropriations to the Oklahoma Department of Mental Health and Substance Abuse Services as Medicaid expansion takes effect. • Reverse cuts in provider rates and restore reimbursements for behavioral health and addiction treatment providers, including inpatient care. • Ensure fair and equal access to mental health treatment by boosting compliance with existing federal parity law, improving mental telehealth access and implementing parity transparency passed in SB 1718. • Oppose substantial changes in the administrative structure of the Department of Mental Health and Substance Abuse Services without first conducting a thorough study and appropriate engagement of stakeholder groups. • Support integrated care at all levels of health care delivery by funding screening, training, collaborative care and consultation, and providing legislative clarity around timely, reliable and complete health data exchange between providers. ACCESSIBLE CHILD CARE: As highlighted during the COVID-19 pandemic, access to safe child care is a critical component of the economic engine. We support incentives and protection to mitigate risk for employers to encourage establishing onsite child care. We also support incentives for employers who offer access to child care for workers making less than the MSA average per capita annually. This would include special incentives to existing child care facilities to reopen safely by giving preference to those that make modifications enabling them to offer their prior capacity or more of children served daily. An evaluation of the existing childcare supplement program income thresholds also needs to take place. voliece regional business advocacy FEDERAL PRIORITIES ENSURING A PROSPEROUS ECONOMY SUPPORT FUNDING FOR CRITICAL ECONOMIC DEVELOPMENT PROGRAMS: Strongly support, or oppose efforts to cut, targeted economic development funding for programs proven to be effective and beneficial to the Tulsa region. These include the Economic Development Administration (EDA) grants for infrastructure and planning and the Manufacturing Extension Partnership (MEP), a program under the U.S. Department of Commerce's National Institute of Standards and Technology. MEP partners with the Oklahoma Manufacturing Alliance (OMA) to help small- and medium -sized manufacturers create and retain jobs, improve overall business resilience, and Increase bottom -line performance. The program returns $65 for each $1 invested in new sales for Oklahoma manufacturers, and OMA ranks in the top three MEP centers in the United States. Assure OMA funding remains at current levels or higher in its partnership with MEP. EXTEND THE FEDERAL INVESTMENT TAX CREDIT: Encourage the long -term extension of the federal Investment Tax Credit (ITC), which is currently phasing out and set to expire in 2022, for solar energy and all other technologies historically included in this incentive. Additionally, we encourage stand -alone energy storage as an eligible technology for the ITC. Oklahoma continues to develop and utilize wind energy to maintain some of the lowest electricity rates in the country. Extension of the federal ITC for solar and energy storage systems builds on that success and continues to place our state at the forefront of new technology in the energy sector. SMALL BUSINESS INNOVATION AND RESEARCH: Make permanent the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STIR) programs. These programs aid research and development, spur innovation and create jobs by fostering the commercialization of new products through federal investment and collaboration. BUILDING INFRASTRUCTURE CRITICAL TO BUSINESS PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION REAUTHORIZATION: Support legislative proposals reauthorizing safety programs under the U.S. Pipeline and Hazardous Materials Safety Administration ( PHMSA). Funding critical safety efforts is essential, and we support proposals to improve safety outcomes by modernizing data collection and information sharing systems, updating regulations, and utilizing developments in technology. We also support efforts to strengthen criminal penalties for damaging pipeline facilities. Reauthorizing and reenergizing these safety programs under PHMSA will ensure the reliable delivery of energy resources for both producers and consumers in our region. UPGRADE AIR TRANSPORTATION INFRASTRUCTURE: Strongly encourage Congress to allocate funding for antiquated air traffic control facilities when identified through their national air space system capital voi'l e regional business advocacy 2 021 Regional Legislative Agenda investment plan as a severely deficient facility and support alternative legislation and /or rule changes to meet the needs of these critical facilities vital to the air transportation industry. The current tower at Tulsa International Airport was built in 1968 and fails to meet present -day operational standards. Congress must support any comprehensive federal infrastructure package that includes funding forthis issue. Funding with only local pre -COVID dollars would increase the cost per enplanement at the airport, which would negatively impact airline growth in Tulsa. Due to severe financial strain of airport resources, there is no local funding available. MCCLELLAN -KERR ARKANSAS RIVER NAVIGATION SYSTEM: Increase congressional appropriations to address the approximately $229 million backlog of critical maintenance on the MKARNS. Failure to do so continues to put the system at risk of a long -term navigation shutdown due to failure of waterway infrastructure such as locks and dams. Support and fund the on -time completion of the White River Entrance Channel Cut -off PED (P reconstruction, Engineering, and Design phase) in the Army Corps of Engineers' Work Plan, at a cost of $5.7 million per year for the next two years. The PED is the last hurdle before the project can be fully funded and constructed. Unaddressed, this problem, caused by the tendency of the White and Arkansas rivers to merge during flooding, will lead to a loss of navigation on the entire system. Finally, continue to support efforts to deepen the MKARNS to its 12 -feet authorized depth, thereby increasing barge productivity by up to 40 %. ARKANSAS RIVER CORRIDOR DEVELOPMENT: Support efforts to expedite the implementation of the Arkansas River Corridor Project for river infrastructure improvements. Allow federal match credit to be accrued for state and local expenditures in order to advance construction activity while preserving the Tulsa region's access to future federal funding for this authorized project. SUPPORT FUNDING FOR WATER AND WASTEWATER INFRASTRUCTURE: Encourage Congress to pass an infrastructure bill that includes funding for water infrastructure programs. Our communities rely on federal funding for the water and wastewater infrastructure through EPA's Clean Water and Drinking Water State Revolving Fund programs. Adding other funding sources for water infrastructure and water resource planning from the U.S. Bureau of Reclamation, Department of Agriculture, and the Army Corps of Engineers — including research funding from the Department of Energy for the development of treatment technologies of produced water for other beneficial uses —are all imperative to helping Oklahoma communities address the billions in critical infrastructure needs. TULSA'S LEVEE SYSTEM: Continue to support addressing the critical infrastructure needs of Tulsa's aging levee system, the importance of which was dramatically evidenced in 2019 by extended releases of water from Keystone Dam and the resulting downstream flooding. The recently approved feasibility study provides the basis for Preconstruction, Engineering and Design (PED) and, ultimately, construction of needed improvements. Support approval of a new Water Resources Development Act and timely federal appropriations and financing to implement the authorized improvements in the most expeditious manner. The Army Corps of Engineers has designated the Tulsa levees among the top 5% highest -risk levee systems in the country. If one levee fails, it would be catastrophic for homeowners, • voice regional business advocacy 2021 Regional Legislative Agenda nationally strategic oil refineries and multiple industries currently protected by the system, and have devastating environmental impacts for our region. EDUCATED AND HEALTHY WORKFORCE FUND PELL GRANT PROGRAM AND ALLOW PELL GRANTS FOR CONCURRENT ENROLLMENT: Maintain current funding levels for the Pell Grant program, oppose attempts to cap per- student grants and support the reduction of the number of hours required to receive a Pell Grant. Support the bipartisan legislation (the Go to High School, Go to College Act) to expand the Department of Education pilot program that extends Pell eligibility to high school students participating in concurrent enrollment. FEDERAL HEALTH CARE REFORM: Encourage Congress to seek consistency and certainty as key principles to the structure and financing of Medicaid. Proposals that increase Oklahoma's uninsured rate and transfer federal risk to the state create an unpredictable environment that erodes the stability of the health care system. SUPPORT TRAINING OF MIDDLE -SKILL WORKERS: Support efforts to meet current industry needs for middle -skill workers eligible forjobs that require training beyond high school but less than a four -year college degree. This includes: • Funding the Workforce Innovation and Opportunity Act at the level recommended by Congress as reauthorized in 2014. • Providing dedicated support for partnerships between industry and higher education and vocational technology schools. • Increasing funding for the Work Opportunity Tax Credit and expanding this program's support to include apprenticeships and other work -based learning. • Expand alternative pathways to employment, including apprenticeships, to allow for greater flexibility in learning opportunities. REFORM FEDERAL FINANCIAL AID: Support the reform of federal financial aid and eligibility. Simplify student loans by ensuring interest does not accrue while the borrower is in school, setting student loan interest rates based on Treasury bond rates and enacting other student loan reforms. Allow short-term, industry- driven training programs to qualify and expand student loan forgiveness programs for graduates in high- demand occupations with workforce shortages. These strategies will enhance career readiness and meet the demands of the workplace. REMOVE BARRIERS TO NEEDED INPATIENT TREATMENT IN OKLAHOMA: Open doors for recovery through repeal of the federal Institutions for Mental Disease (IMD) exclusion policy for Medicaid payments and the 190 - daylifetime limit for inpatient treatment of Medicare recipients. USE OF TECHNOLOGY AND INNOVATIONS IN THE DELIVERY OF HEALTH CARE SERVICES: Incentivize innovations and standardization in technology (EMR /EHR /HIE) to improve access to health care data and VOi'O ce regional business advocacy 2021 Regional Legislative Agenda patient services through the sharing of health records to maximize health care delivery across all providers, including physical, mental /behavioral, substance abuse and social services. Build on what we have learned from the COVID -19 pandemic regarding the elimination of regulatory barriers, which impede the use of such technology, and maximize efficiencies for improved patient health with particular attention to include vulnerable populations. Develop standards for data exchange to further inter- and intra -state technology development to advance interoperability and integrated care. TO: The Honorable Mayor and City Council FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at Garrett Creek Development DATE: December 11, 2020 BACKGROUND: The subject commercial development is located at 11412 - 11426 North 134th East Avenue. The public infrastructure improvement consists of a stormwater conveyance system. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in November 2020, 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 and five - year maintenance bonds and required as -built drawing. RECOMMENDATION: Staff recommends acceptance of the following public infrastructure improvement at Garrett Creek Development located at 11412 - 11426 North 134th East Avenue, a stormwater conveyance system. ATTACHMENTS: Location Map City Attorney bond approval letter and copy of bond Garrett Creek Development 1116TH'Street cq .,r / r �Y) •_i r4 J - R I 1" = 326 n Location Map 11/25/2020 �Q RL.N.0.x.x.PP..�r }I. f.:luilry This map ma�L rapresems a visual display of related geographic information. Data provided here cn is not gaaramee of acutual field conditions. To be sure of complete accuracy, pleas_ contact the responsible staft fer most up- to -tlat. in,ormation. Farris, Earl From: Lombardi, Julie Sent: Wednesday, September 30, 2020 3:58 PM To: Hancock Brandon Cc: Farris, Earl Subject: RE: Shops at Garrett Creek Storm Bonds Brandon, I have reviewed two maintenance bonds for Garrett Creek Development Storm Drainage at your request. The attorney - in -fact signature is authorized for both bonds, the surety for the bonds is licensed to do business in Oklahoma, and the amount of each bond is well within the surety's $91,138,000 underwriting limitation. Therefore, both bonds are approved. Julie Lombardi Julm Trout Lom6ardt City Attorney City of Owasso PO Box 180 200 S Main St Owasso, OK 74055 Phone: 918-376-1511 Fax 918- 376 -1599 Email: ilombardi(ocitvofowasso.com www. citvofowas so. com sd People - REAL Character • REAL Community From: Hancock, Brandon Sent: Tuesday, September 29, 2020 4 :48 PM To: Lombardi, Julie <1Lombardi @City0f0wasso.com> Cc: Farris, Earl <efarris @CityOfOwasso.com> Subject: Shops at Garrett Creek Storm Bonds Julie- Could you please review these bonds and Reply all to this email with your findings. Both bonds are for the storm system. One is normal bond for 2 years, other is 5 year bond with rider attached. I appreciate your assistance as always. Maintenance Bond PRIVATELY NNANCED PUBLIC IMPROVE, ME, NTS Bond No: RCB0020904 KNOW ALL MEN BY THESE PRESENTS, That we Pinney Excavation, LLC., as Principal (Developer and Contractor), and RLI Insurance Company. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of ONE HUNDRED THIRTY THOUSAND, NINE HUNDRED NINETY DOLLARS ($130,990.00) 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 YEARS after final approval of the Garrett Creek Development, 11412 — 11426 N. 134 "' E. Ave. Owasso, OK. 74055. Storm Drainage, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: MAY 14, 2020 Pinney Excavation, LLC., Principal BY: Jon` ' ey, Managing Member RLI Insurance Comuanv, Surely/ BY: r ^':z `r wq Attorney -in -Fact r David Faust, A tt rney -in -Fact 10 00% pp0 . O z' :rt: :z: SEAL •-< <<JNONs �� rrllrl KxotP Aff Men by These Presents. POWER OF ATTORNEY RLI Insurance Company ---b�,00 -jKZ. L b -oZo%3 That this Prover of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Phil FausL Muriel Faust. David Foust, jointly or severally, in the City of Bartlesville , State of Oklahoma its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizmrces In an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "AIL bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in- Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 21 at day of March 2011 . oe. oMrt ko <a State of Illinois - l • SEAL SS County of PC J} ,.,,r44.IIN `4"d.... m"', On this 21st day of March 2011 , before rue, a Notary Public, personally appearrd Ray C. Die , who being by me duty sworn, acknow edged that Ito signed the nbovo Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and decd of said corporation. By: M Cherie L. Montgomery 1 9 61 Notary Public PmL,M, "OFFICIAL SEAL" 0. ��CNERIE t. MONTGOMERY coMUUnou axrlsES mlovrx RLI Insurance Company By: Roy C. Di Vice President CCRTIFICATC I, the undersigned officer of RLI lnsurnnee Company, a stock eorporatlon of the Stale of Illinois, do hereby certify that the attached Power of Attorney is in nil force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in fomc. In testimony whereof, I have hereunto gpt my hand and the scat of the RU Insurance Company this ' "dny of 141 -4F i tt,rrr Co IILIInsurance Compan -010 OGE OBA CO Roy C. salesnaeao,fo � 0592 �• \col\ ry RLI P.O. Box P.O. I3ox 3967 I Peoria, IL 61612.3967 Phone:(800)645 -2402 1 Fax:(309)689.2036 wwwAlcorp.com KxotP Aff Men by These Presents. POWER OF ATTORNEY RLI Insurance Company ---b�,00 -jKZ. L b -oZo%3 That this Prover of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Phil FausL Muriel Faust. David Foust, jointly or severally, in the City of Bartlesville , State of Oklahoma its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizmrces In an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "AIL bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in- Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 21 at day of March 2011 . oe. oMrt ko <a State of Illinois - l • SEAL SS County of PC J} ,.,,r44.IIN `4"d.... m"', On this 21st day of March 2011 , before rue, a Notary Public, personally appearrd Ray C. Die , who being by me duty sworn, acknow edged that Ito signed the nbovo Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and decd of said corporation. By: M Cherie L. Montgomery 1 9 61 Notary Public PmL,M, "OFFICIAL SEAL" 0. ��CNERIE t. MONTGOMERY coMUUnou axrlsES mlovrx RLI Insurance Company By: Roy C. Di Vice President CCRTIFICATC I, the undersigned officer of RLI lnsurnnee Company, a stock eorporatlon of the Stale of Illinois, do hereby certify that the attached Power of Attorney is in nil force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in fomc. In testimony whereof, I have hereunto gpt my hand and the scat of the RU Insurance Company this ' "dny of 141 -4F i tt,rrr Co IILIInsurance Compan -010 OGE OBA CO Roy C. salesnaeao,fo � 0592 �• \col\ Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: RCB0020896 KNOW ALL MEN BY THESE PRESENTS, That we Piuncy Excavation, LLC., as Principal (Developer and Contractor), and RLI Insurance Company. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Thirly One Thousand, Dollars ($31,000.00) 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 5 YEARS after final approval of the Garrctl Creek Development - Comiruction 11412- 11426 N. 134 °i E. Ave. Owasso, OK. 74055, Storm Drainage Utility , a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: 03/27/2020 Pinney Excavation, L,LC, Principal BY: Jon Pinnev. Managing Member RL I BY: Davi rrrrrrrn�.�, JRANCF y PP0,9*- 0 AL ' Z' ,��NOIS it 'eiusrrr ' RI.�• P.O. RLI ox3 POWER Off' ATTORNEY L. P.O. Box 39671 Peoria, IL 61612-3967 Phono; (900)645 -2402 1 Pax: (309)689 -2036 RLI Insurance Company wwwalicorp.conh IfnorPARMen by ThesePresenrs•: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Phil Faust Muriel Faust David Faust jointly or severally, in the City of Bartlesville , State of Oklahoma its true and lawful Agent and Attorney in Fact, with fall power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Suroty, the following described bond. Any and all bonds, undertakings, and recognizances In an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by Cite said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Hoard of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 21st day of March - 2011 Irlrrli xonnCE " "'•.. �� j'eonronsre 't�e Shoo orlllinois • SEAL; ` l} SS County of Pei l 'a �<ti'NOUa `' On this 2lat day of March 2011 before me, a Notary Public, personally appaired Roy C. Die , who being by me duty swom, acknowledged flint rue signed the above Power of Anomey as the aforesaid officer o£tho RLI Insurance Company end acknowledged said instrument tube the voluntary act and deed of said corporation. By: �../1,(II,UL ��7�Qt9fUR1i40/F.t,� Cherio L. Montgomery Notary Public tr15V9 /VC •, RLI Insurance Company �t��• pPP0,9'•L)'- G v N�'�� m y. i :.Vice Roy C. D r dent••Y`� Yt ( ,I IS•, tut CERTIFICATE l ��rri I i I I i I I, the undersigned officer of RLI Insurance Compnny, a stock corporation of the Slate of Illinois, do hereby codify that the attached Power of Attorney is in full force and cffcct and is irrevocable; and fiallnormoro, that the Resolution of the Company as set forth in the Power of Attorney, is now in farce. In testimony whereof, I have hereunto set my ]rand and the seal of the RLI Insurance Company lids day ofJdndb -% RLI Insurance Company satf.o6 •OFFICIAL SEAL° Hy: 91 a CHERIE L. MONTGOMERY Roy C. DI Vice President •wba° COMMWION EkPIRn OrNl /17 a64a4r6a�aff0 A0059207 � Phone: 9- 69 21 00 0 Fax 309-683-1610 RLI 683 -1610 RIDER TO BE ATTACHED TO AND FORM PART OF BOND /POLICY NO. RCB0020896 It Is hereby mutually agreed and understood by the Principal, Pinney Excavation, LLC. Oa oo 1, UK. MUM and RLI Insurance Company and/or Contractors Bonding and Insurance Company that the Scope of Work (Garrett ree ( eve opmen - ons ruc ion Ave. UWasS0, UK. 14055, 8torm Urainage to be changed) on this bond /policy has /have been changed to the following: Garrett Creek Development - Construction 11412 -11426 N. 134th E. Ave. Owasso, OK. 74055. Cast In Place Storm a er tructures, Nothing contained herein shall vary, alter, waive or extend any of the terms, limits, or conditions of the bond /policy, except as set forth above. This Rider becomes effective on 03127/2020 at twelve and one minute o'clock a.m., Standard Time. Signed this 14th day of May , 2020. �1rrOCE gJe'90R'j OVA ~ = ,yy - . U < SEAL Page 1 of 1 M0055D04 RSurcly P.O. Box 79671 Peoria, IL 61GI2 -3967 RL10 Phone; (800)645 -2902 1 Pox: (309)689 -2036 wwwAicorp,coln Know All Mee by These Presents.- POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, all Illinois corporation, does hereby make, constitute and appoint: Phil Furst Muriel Faust David Faust jointly or severally, in the City of Bartlesville , State of _ Oklahoma its true and lawful Agent and Attorney in Fact, with fill power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recogniznnces in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a Into and exact copy of the Resolution adopted by the Board of Dircctms of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company, The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 21st day of March 2011 S 1111111111 /I / /I, //' ocnrvNrt <.Ty4 Ty4's Stale of Illinois 1( SEAL I County ofPeorie J SS •o „!<(IIp...6 : 06 this 21st day of March 2011 before me a Notary Public, personalty appeared Roy C. D , who being by me dilly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary not and deed of said corpora ion. By: l /l(/llR A& M t Cherie L. Montgomery I V 6r Notary Public L471ALTEW "OFFICIAL SEAL" CHERIE L. MONTGOMERY COAIMISSION Ex orsI oLOrn2 RLI Insurance Company By: Roy C. Di Vice President CERTIFICATE 1, the undersigned officer of RLI Insurance Company, a stock corpomlion of the Slate of Illinois, do hereby certify that the ntfached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth In Ilia Power of At(omoy, is now in force. In testimony whereof, I have hereunto set my hand and th seal of the RLI Insurance Company this day of lit 2-) ^ flip RLI Insurance Comp ny `tI JPANCFC By: Roy C. D Vvc c i e t ^C 0040925030110 / •• . AOP19.207 AA` 4 NOIS l`t - "Voi4rrllt sd comm.m.y aenc P. pl,-nenccm „<,e.•aenc TO: The Honorable Mayor and City Council FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at Kum & Go (East 76th Street North) DATE: December 11, 2020 BACKGROUND: The subject commercial development is located at 502 East 2nd Avenue. The public infrastructure improvements consist of two concrete approaches and sidewalk. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in November 2020, 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 drawing. RECOMMENDATION: Staff recommends acceptance of the following public infrastructure improvements at Kum & Go, located at 502 East 2nd Avenue, two concrete approaches and sidewalk. ATTACHMENTS: Location Map City Attorney bond approval letter and copy of bond . n � � n r ra eM ! I 76th:St'Nolth,,. ice.' . fl 'fir 1 Kum & Go 76th Street tN �F�9t1 r T I �qyg� .* �1 q II S • �I h a fI • E 76th St N loth St N 101, r� r `qtr 3.nt� Y, 1 I 1 1 it o; R• J 1" = 196 ft Location Map 10/16/2020 ..RfAl hoM. ne�Nl. yru�l My This map may represents a visual display of related geographic information. Data provided hereon is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up -to -date infonnation- Farris, Earl From: Lombardi, Julie Sent: Wednesday, November 4, 2020 9:55 AM To: Hancock, Brandon; Farris, Earl Subject: RE: Bonds for Kum & Go on 76th for Review Gentlemen, I have reviewed the maintenance bond for Kum & Go —Public Approaches and Public Sidewalks at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $4,503,000 underwriting limitation. Therefore, the bond is approved. Julie Lombardi JuCe Trout Lom6ardz City Attomey City of Owasso PO Box 180 200 S Main St Owasso, OK 74055 Phone: 918-376-1511 Fax 918 - 376 -1599 Email: Itombardi(c citvofowasso.com www. c i tvofo w a s s o. co m sd People • REAL Character • REAL community From: Hancock, Brandon Sent: Tuesday, October 27, 2020 3:01 PM To: Lombardi, Julie <1Lombardi @CityOfOwasso.com >; Farris, Earl <efarris @CityOfOwasso.com> Subject: Bonds for Kum & Go on 76th for Review Julie- Please review the Bond attached and upon your findings please email back to reply all. Thanks in advance for your assistance. Brandon Hancock, CPII Infrastructure Inspector Owasso Public Works office: 918 272 -4959 fax: 918 272 -4996 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: GR49348 KNOW ALL MEN BY THESE PRESENTS, That we The Riverside Group, Inc. as Principal (Developer and Contractor), and Granite Re, Inc. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of * *Forty Thousand & No /100 *** ($40,000.00) 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 YEARS after final approval of the Kum & Go, 502 E. 2 "'I Ave., Owasso, OK, 74055 - Public Approaches & Public Sidewalks a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: October 9 "', 2020 The River id Gro p, Inc., Principal BY: Granite Re, Inc., Suret BY: Attorney -in -Pact Lisa rman GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and staving Its principal office at the City of OKLAHOMA CITY In the State of OKLAHOMA does hereby constitute and appoint: W.M. McNEILL; LISA SHERMAN; MIKE SHANNON; CODY M. McNEILL; WENDY HOLLEN; JOHN ROGERS; ROCKY MOORE; KYLE D. RESER; JOHN L. BIRSNER; SUSANNE CUSIMANO Its true and lawful Attorney -in- Facts) for the following purposes, to wit: To sign Its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth In the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which Is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, Its Board of Directors, hereby ratifies and confirms all and whatsoever the said: W.M. McNEILL; LISA SHERMAN; MIKE SHANNON; CODY M. MCNERL; WENDY HOLLEN; JOHN ROGERS; ROCKY MOORE; KYLE D. RESER; JOHN L. BIRSNER; SUSANNE CUSIMANO may lawfully do In the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this Instrument to be sealed with Its corporate seal, duly attested by lire signatures of Its President and Assistant Secretary, this 39d day of)anuary, 2020. /) SEAL Kenneth D. Whittln ton, President ' STATE OF OKLAHOMA ) 55: COUNTY OF OKLAHOMA ) Kyle P. McDonald, Assistant Secretary On this 3rd day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC., the corporation described In and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively, of the Company. aT p-��"r hoc My Commission Expires: '- " °•�� Notary Public April 21, 2023 �.,±yq�npf,,� ry Commission #: 11003620 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and Is now In full force and effect. "RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint Individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the Company In the course of Its business. On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the segl sI all`rio2 be necessary to the validity of any such Instrument or undertaking." I IN4I4SS WHER& e nderslgned has subscribed this Certificate and affixed the corporate seal of the Corporation this a S EAL Kyle P. McDonald, Assistant Secretary GROB00 -1 .._.w...s sd TO: The Honorable Mayor and City Council FROM: Alexo Beemer Jurisdiction City Planner SUBJECT: Specific Use Permit (SUP 20-03) — Granny and Dots DATE: December 11, 2020 BACKGROUND: The Community Development Department received an application for review and approval of a Specific Use Permit (SUP) for Granny and Dots, a proposed child daycare facility. The property is located south of the southwest corner of the East 86th Street and North 145th East Avenue intersection, just south of the Casey's convenience store. The property is approximately 1.58 acres in size and is currently zoned Residential Multi - Family (RM) under Owasso Planned Unit Development (OPUD) 98. The Owasso Zoning Code requires an SUP for child daycare facilities in RM zoned districts. SURROUNDING ZONING: Direction Zoning Use Land Use Master Jurisdiction Child Day Care Facility Land Use Master Plan Commercial Plan Yes; OPUD 98 North Commercial Shopping Retail /Vacant Commercial City of Owasso South Residential M) Iti- Family Vacant Commercial City of Owasso East Commercial Shopping Convenience Commercial/ Public City of Owasso (CS)/ Public Facilities (PF) Store /School & Institutional West Residential Multi - Family Religious Commercial City of Owasso (RM) Institution SUBJECT PROPERTY /PROJECT DATA: Property Size 1.58 acres +/- Current Zoning Residential Multi - Family RM Proposed Use Child Day Care Facility Land Use Master Plan Commercial Within PUD? Yes; OPUD 98 Within Overlay District? No Water Provider City of Owasso Applicable Paybacks N/A ANALYSIS: An SUP is required in certain zoning districts for uses not allowed by right through the City of Owasso Zoning Code. The subject property is a part of the replat of The Greens at Owasso and was zoned RM under Ordinance 567. Child daycare facilities are not allowed in an RM district, unless the developer can obtain an SUP. Page 2 SUP 20 -03 The subject property and the surrounding parcels are identified for future commercial uses in the GrOwasso 2030 Land Use Master Plan. The proposed use of a child daycare facility is compatible with this vision laid out in the Land Use Master Plan, as a child daycare facility is a less intensive use than a commercial establishment. The subject property is bordered to the east by Hodson Elementary School, to the west by a recently approved apartment building and to the south by existing apartments. These uses are compatible with the proposed land use of the child daycare facility. Considering all of this, staff determined that a land use such as a child daycare facility may be appropriate if the correct controls are utilized with an SUP. The applicant has worked with staff to design the site and structure in an appropriate manner that conforms to the design requirements of the Owasso Zoning Code. A Change of Access request associated with the subject property was approved by the Owasso Planning Commission at their regular meeting on December 7, 2020. Because this request was approved, the proposed child daycare facility will have access off of North 1451h East Avenue, via two separate drives. The northern drive will be an "enter only" drive, while the southern drive will allow a two - directional flow of traffic. The southern drive will also function as a mutual access drive, serving both the subject property and the property to the west. The applicant worked with staff to ensure that the configuration of the drives meets the spacing requirements laid out in the Owasso Zoning Code and will not hinder traffic flow patterns within the subject property or on the street it abuts. Further, the applicant has indicated that the exterior of the proposed building will resemble a single - family home in terms of appearance, and will therefore blend in with the residential character of the existing apartment buildings to the south. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. PLANNING COMMISSION: The Planning Commission voted 3 -0 to recommend approval of the Specific Use Permit (SUP 20- 03) for Granny and Dots at their regular meeting on December 7, 2020. RECOMMENDATION: Staff recommends approval of the Specific Use Permit (SUP 20 -03) for Granny and Dots. ATTACHMENTS: Aerial Map Zoning Map Land Use Master Plan Map SUP Site Plan Package ` !4 h r , : F X1144: .. / n S j- M 01 Am— it 1. : <r 0 EI F�'`j t. - e ' ,.I ' Subject Tract ' 1mt' , , i Ira F.1 Far Ea- Ax - Ile 5. Note: rely align WthysmaY ?� 0 100 200 400 -n not features es on to ground. physical ®Subject SUP 20 -03 2821-14 Aerial Photo Date natures on t: Febma y Tract I t I t J : February 2016 Feet SUP 20 -03, Zoning Map PUD 14 CS Inuo 1'5n -. RS3 I III bi ( i— x_11 �,�_Ltlf.l�ll:Jr:i 1 iy '1 -1'9 -� PUD 1 CS ' CIA I i Subject Property t SUP 20 -03, Land Use Master Plan Map u.1�1031g105,1257ii 1410.9 ' 1 -0101' ' 1• �� , Pun, P D 15A SOS f . l :1'49'0��141Lvi1St:OG141,08 1'1-110 .� G 9� �� PUD,15A'1 E 86th St N - az,h St nj" - commercial E Industrial g e: l Lake r E] Neighborhood MX m t D - F] Parks / Recreation s T ! Public/ Institutional F, All ❑ Residential Subject Property' ❑ Transitional a' ..t w `�•.. . .. - 1t RI 1 . 1 s IY A rd 11 tl t. ,.: r Y r Ln - R Z ' �!' i N ° i 1 SplrLlxlnr SURVEY AND LEGAL DESCRIPTION 4 anorow .Ina EA REAANG SUMMARY I.E. A nnury u.I.E.Elno SUI.EU ID.E.1 E.I. 4PF 1 /aMSE PflWFRNOiEI uxmaueworu. 0. 5119 AREA.."." E,se4aul <em+r+wown Juno no uwumnrao. n PROJECT INFORMATION n REFER TO A4.0 AND A4.1 FOR EXTERIOR ELEVATIONS 1 B) U ARCHITEQURAL SITE PLAN Won- LL1 yl A51.� /EAST EI /1 NORT\ J EXTERIOR FINISH LEGEND O WEST ELEVATION SOUTH ELEVATION EXTERIOR FINISH LEGEND O O 7d PEAL Poopl, • P�LcN_=• PfLLCwnmunXy TO: The Honorable Mayor and City Council FROM: Larry Langford Director of Recreation and Culture SUBJECT: Elm Creek Park Renovation Project DATE: December T 1, 2020 BACKGROUND: On April 17, 2012, City Council approved Resolution 2012 -04, amending the Capital Improvement eligibility list to include Elm Creek Park Improvements. The scope of the improvements is to include pond bank stabilization, playground replacement, pavilion shelter construction, parking lot expansions. On July 21, 2020, City Council awarded a construction contract to Native Plains Excavation and Contracting LLC, of Bixby, Oklahoma, to stabilize the pond bank and to improve the overall storm water management function of the pond. This portion of the improvements is funded through the Stormwater Fund and construction commenced on October 12, 2020. To coordinate with the bank stabilization construction and to minimize the time that Elm Creek Park is closed, staff intends to utilize the down time to complete the remaining planned improvements. The playground equipment will include two age appropriate play structures, with a 2 -bay, 4 -belt swing -set, pour -in -place surfacing, and security fencing. The pavilion shelter will be a 30' x 44', single tier structure, with a 24 -gauge metal roof and powder coated steel uprights. BID PROCESS: Advertisements for bids were published on October 28, 2020, and November 4, 2020, in accordance with state law. A mandatory pre -bid meeting was held at City Hall on November 10, 2020, with 16 contractors in attendance. Bids were opened publicly on November 19, 2020 at 2:00 PM at Owasso City Hall, with six bids received. BID ANALYSIS: Staff examined the submitted bid packages for any improper or unbalanced bids and one was discovered and eliminated. Upon review of the qualified bids, staff found the bid of $397,078.00 from Magnum Construction, Inc., was the lowest bid and met all specifications. Staff contacted representatives from previous projects to inquire about quality, timeliness, professionalism, and overall satisfaction of the bidders. All references confirmed quality craftsmanship, integrity, and dependability. FUNDING: Funding for the proposed improvements is available in the Capital Improvements Fund Elm Creek Park Renovation Project Page 2 RECOMMENDATION: Staff recommends awarding the bid for the Elm Creek Park Renovation Project to Magnum Construction, Inc., of Broken Arrow, Oklahoma, in the amount of $397,078.00, and authorization to execute the necessary documents. ATTACHMENTS: Bid Tabulation Agreement RECREATION AND CULTURE DEPT. PROJECT: ELM CREEK PARK- PARK IMPROVEMENTS BID TABULATION OPENING DATE: Thursday, November 19, 2020 Bid Opened By: Elishya Cook OPENING TIME: 2:00 PM ReA�r..N. -REAL m...., Reu cemmomn Witnpcc• navid Warren / Tinn Muchruck BIDDER Bid Submittal Bid Bond 5% Bid Affidavit Bidder's Qual Non Discrim Addendum #1 o � o a o Ma gnum Construction, Inc. LUMP SUM BID 2501 N. Hemlock Ct. Broken Arrow, OK 74012 $397,078.00 BIDDER Bid Submittal Bid Bond 5% Bid Affidavit Bidder's Qual Non Discrim Addendum #1 357 INC. DBA Reco Enterprises 0 0 0 0 LUMP SUM BID 7033 E 40th St. Tulsa, OK 74145 $474,875.50 BIDDER Bid Submittal Bid Bond 5% Bid Affidavit Bidder's Qua] Non Discrim Addendum #1 A.C. Owen Construction, LLC 0 Q 0 0 — LUMP SUM BID 1376 Fretz Drive, Edmond, OK 73003 $460,389.00 BIDDER Bid Submittal Bid Bond 5% Bid Affidavit Bidder's Qual Non Discrim Addendum #1 121 Builder's Unlimited, Inc. 0 D LUMP SUM BID 9835 S. 219th E. Ave. Broken Arrow. OK 74014 $496,673.10 BIDDER Bid Submittal Bid Bond S% Bid Affidavit Bidder's Qual Non Discrim Addendum #1 =Play Park Structures 0 a 0 U 0 D LUMP SUM BID 544 Chestnut St. Chattanooga, TN 37402 *BID REJECTED DUE TO IMPROPER SUBMITTAL* $470,117.72/$552,969.64 BIDDER Bid Submittal Bid Bond 5% Bid Affidavit Bidder's Qual Non Discrim Addendum #1 Benchmark Enterprises, LLC El 0 0 121 0 0 LUMP SUM BID 27996 E, 41St St. Broken Arrow, OK 74014 *Due to staff error, bid was not opened during bid opening. Bid was received on time & sealed* $416,000.00 Page 1 of 2 32 SECTION 9 - AGREEMENT and GENERAL CONDITIONS THIS AGREEMENT is dated as of the 15th day of December , 2020 , by and between THE City of Owasso, Oklahoma (hereinafter called OWNER) and Magnum Construction 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 Project Documents. All local, state, and federal laws, etc. shall govern every aspect of work. The Work is generally described as follows: ARTICLE 2. DEPARTMENT The project has been assigned by OWNER to the responsible City Department. The Department Director, or his /her duly authorized representative, who is hereinafter called PROJECT MANAGER, will assume all duties and responsibilities and will have the rights and authority assigned to DEPARTMENT in the Project Documents in connection with the completion of the Work in accordance with the Project Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within seventy (70) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within ninety (90) calendar days from the date of Notice to Proceed, which will be on or before January 6, 2020 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 One Thousand Dollars ($1000.00) 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 One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. AGREEMENT AND GENERAL CONDITIONS 33 ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Project 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. 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 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 Project 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 AGREEMENT AND GENERAL CONDITIONS 34 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 Project Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Project Manager do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Project 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 Project 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 terms and conditions of the Project 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 Project 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 Project 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 Project Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Project 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. AGREEMENT AND GENERAL CONDITIONS 35 6.8 CONTRACTOR understands that they 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. PROJECT DOCUMENTS The Project 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 and General Conditions 7.2 Exhibits "A ", "B ", and "C to this Agreement 7.3 Advertisement for Bids 7.4 Requirements for Bidders 7.4 Project and Bid Specifications 7.6 Bid 7.7 Bid Bond 7.8 Bid Affidavits 7.9 Statement of Bidders Qualifications 7.10 Certificate of Non - Discrimination 7.11 Performance Bond / Maintenance Bond / Statutory payment Bond 7.12 Notice of Award and Notice to Proceed 7.13 Change Order 7.14 Project Drawings, consisting of Sheets 1 to _, inclusive, and Standard Drawings. 7.15 Addendum Number 1 inclusive. 7.16 Documentation submitted by CONTRACTOR prior to Notice of Award 7.17 Any Modification, including Change Orders, duly delivered after execution of Agreement There are no Project Documents other than those listed above in this Article 7. The Project 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 Project 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 Project Documents. AGREEMENT AND GENERAL CONDITIONS Im 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 Project 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 Project Documents should be held void or unenforceable by law. ARTICLE 9. GENERAL CONDITIONS OF THE AGREEMENT SECTION 101 DEFINITIONS AND TERMS Whenever in these specifications and contracts, or in any documents or instruments pertaining to construction where these specifications govern, the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 101.01 - ABBREVIATIONS: Whenever the following abbreviations are used in these specifications or on the plans, they are to be construed the same as the respective expressions represented: A.A.S.H.O. American Association of State Highway Officials A.A.S.H.T.O. American Association of State Highway Traffic Officials A.I.A. American Institute of Architects A.S.A. American Standards Association A.S.C.E. American Society of Civil Engineers A.S.T.M. American Society of Testing & Materials A.W.W.A. American Water Works Association MUTCD Manual on Uniform Traffic Control Devices O.D.O.T. Oklahoma Department of Transportation 101.02 - ADVERTISEMENT: The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished. 101.03 - AWARD: The acceptance by the Owner of a bid. 101.04 - BASE COURSE: The layer or layers of specified or selected materials of design thickness placed on a sub -base or a sub -grade to support a surface course. 101.05 - BIDDER: The individual, company, partnership or corporation submitting a bid for the advertised work. 101.06 - BRIDGE: A structure, including supports, erected over a depression or obstruction as water, highway, or railway, and having a track or passageway for carrying traffic, and having an opening measured along the center of the roadway of more than 20 feet between abutments or springline of arches or extreme ends of openings for multiple boxes. AGREEMENT AND GENERAL CONDITIONS 37 101.07 - CITY: The City of Owasso, Oklahoma, a municipal corporation, acting through its duly authorized officers or agents. 101.08 - CALENDAR DAY: Every day shown on the calendar. 101.09 - CHANGE ORDER: A written order issued by the Department to the contractor, covering changes in the plans or quantities or both, within the scope of the contract and establishing the basis of payment and time adjustments for the work affected by the change. 101.10-CHANNEL: A natural or artificial watercourse. 101.11 - CONSULTANT: - Architect, Engineer, or other outside firm hired by the Owner to design or administer the construction of the Project. 101.12 - CONTRACT: The written agreement between the Owner and the contractor setting forth the obligations of the parties thereunder, including, but not limited to the performance of the work, furnishing of materials, and the basis of payment. The contract includes the invitation for bids, proposal, addenda, contract form and contract bonds (statutory, performance and maintenance bond), specifications, supplemental specifications, special provisions, general and detailed plans, and notice to proceed, also any change orders and agreements that are required to complete the construction of the work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. 10 1. 13 - CONTRACT ITEM (PAY ITEM): A specifically described unit of work for which a price is provided in the contract. 101.14 - CONTRACT PAYMENT BOND (STATUTORY BONDS The security furnished by the contractor and his /her surety to guarantee payment of prescribed debts of the contractor covered by the bond. 101.15 -CONTRACT PERFORMANCE BOND: The security furnished by the contractor and his /her surety to guarantee complete execution and performance of the work in accordance with the contract. 101.16 - CONTRACT TIME: The number of work days or calendar days allowed for completion of the contract, including authorized time extensions. In case a calendar date of completion is shown in the proposal in lieu of the number of working calendar days, the contract shall be completed by that date. 101.17 - CONTRACTOR: The individual, company, partnership or corporation contracting with the City of Owasso for performance of prescribed work. AGREEMENT AND GENERAL CONDITIONS W. 101.18- CONTROL OF ACCESS: The condition where the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with a roadway is fully or partially controlled by public authority. 101.19 - CULVERT: Any structure not classified as a bridge which provides an opening under the roadway. 101.20 - DEPARTMENT: A Department of the City of Owasso operating under the direction and authority of the Owner. 101.21 - DRAINAGE DITCH: A constructed open excavation or ditch constructed for the purpose of carrying off surface water. 101.22- EASEMENT: A grant of a right of use of the property of an owner for a certain purpose at the will of the grantee. 101.23 - EQUIPMENT: All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the work. 101.24 - EXTRA WORK: An item of work not provided for in the contract as awarded but found essential to the satisfactory completion of the contract within its intended scope. 101.25 - EXTRA WORK ORDER: A change order concerning the performance of work or furnishing of materials involving extra work. Such extra work may be performed at agreed prices or on a force account basis as provided elsewhere in these specifications. 101.26 - INSPECTOR: The Department's authorized representative assigned to make detailed inspections of contract performance. 101.27 - INVITATION FOR BIDS: The advertisement for proposals for all work or materials on which bids are required. Such advertisement will indicate the time and place of the opening of proposals. 101.28 - LABORATORY: The official testing laboratory of the City or any other testing laboratory which may be designated by the Department. 101.29 - MATERIALS: Any substances specified for use in the construction of the project and its appurtenances. 101.30 - MAYOR: The Mayor of the City of Owasso as constituted by charter to administer the affairs of the City of Owasso. 101.31 - NOTICE TO PROCEED: Written notice to the contractor to proceed with the contract work. 101.32 - OWNER: City of Owasso, Owasso Public Works Authority, Owasso Public Golf Authority, or other entity of the City. AGREEMENT AND GENERAL CONDITIONS 39 101.33 - PARKING: That portion of the right -of -way on city streets or urban projects not covered by paved surface or sidewalk. 101.34 - PAVEMENT STRUCTURE: The combined sub -base, base and surface courses placed on the sub -grade to support the traffic load and distribute it to the roadbed. 101.35 - PLANS: The approved plans, profiles, typical cross sections, working drawings and supplemental drawings, or exact reproductions thereof, which show the location, character, dimensions, and details of the work to be done. 101.36 - PROJECT: The specific section of construction to be performed thereon under the contract. 101.37 - PROPOSAL: The written offer of the bidder, submitted on the prescribed proposal form, to perform the work described in the plans and specifications and to furnish the labor and materials at the prices quoted by the bidder. 101.38 - PROPOSAL GUARANTY: The security to be furnished by the bidder as a guaranty of good faith to enter into a contract and to execute the required bonds covering the work contemplated if his /her proposal is accepted. 101.39 - SHOULDER: The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses. 101.40- SPECIAL PROVISIONS: Additions and revisions to the standard and supplemental specifications covering conditions peculiar to an individual project. 101.41 - SPECIFICATIONS: A general term applied to all directions, provisions and requirements pertaining to performance of the work. 101.42 - SPECIFIED COMPLETION DATE: The date on which the contract work is specified to be completed. 101.43 - STATUTORY BOND: The approved forms of security furnished by the contractor and his surety as a guaranty that (s) he will pay in full all prescribed debts of the contractor covered by the bond. 101.44 - SUBBASE: The layer or layers of specified or selected material of designed thickness placed on a subgrade to support a base course. 101.45 - SUBCONTRACTOR: An individual, company, partnership or corporation to whom the contractor contracts part of the contract. 101.46 - SUBGRADE: The top surface of a roadbed upon which the pavement structure and shoulders are constructed. 101.47 - SUBSTANTIAL COMPLETION: The time at which the Work (or specified part thereof) has progressed to the point where, in the opinion of the Department, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Project AGREEMENT AND GENERAL CONDITIONS UN Documents, so that the Work (or specified part thereof) can be utilized for the purpose for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 101.48 -SUBSTRUCTURE: All of that part of the structure below the bearings of simple and continuous spans, skewbacks or arches and tops of footings of rigid frames, together with the backwalls, wingwalls and wing protection railings. 101.49 - SUPERINTENDENT: The designated representative of the contractor present on the work at all times during progress, authorized to receive and execute instructions from the Department and capable of superintending the work effectively. 101.50 - SUPERSTRUCTURE: The entire structure except the substructure. 101.51 - WORK: Work shall mean the furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all the duties and obligations imposed by the contract. 101.52 - WORKING DAY: A working day shall be any day, other than a holiday, Saturday, or Sunday, on which weather and working conditions would permit the normal forces of the contractor to proceed with regular work for a period of at least six hours toward the completion of the work, unless work is suspended for causes beyond the contractor's control. Saturdays, Sundays, and holidays on which the contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. 101.53 - WORK ORDER: A written order, executed by the Department, of a contractual status requiring performance by the contractor without negotiation of any sort. 101.54 - WORKING TIME: The working time stated in the proposal and the contract shall be definite number of working days or calendar days and shall be considered an essential part of the contract. 101.55 - In order to avoid cumbersome and confusing repetition of expressions in these specifications, it is provided that whenever anything is, or is to be, done, if, as, or, when or where "contemplated, required, determined, directed, specified, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient rejected, or condemned," it shall be understood as if the expression were followed by the words "by the Department" or "to the Department." SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS 102.01 - NOTICE TO BIDDERS (ADVERTISEMENT)_ After the date is set for the receipt of proposals, the Owner will give notice of such letting to prospective bidders. The notice will contain a description of the proposed work, together with information to the bidder regarding access to proposal forms, plans, specifications, the amount of proposal guaranty and the minimum wage rate required per hour for labor (when applicable). AGREEMENT AND GENERAL CONDITIONS :[1 This Notice to Bidders will be published as an advertisement giving notice of request for bids, as required by State laws. The Notice to Bidders will become one of the Project Documents, if award is made. 102.02 - PREQUALIFICATION OF BIDDERS: Bidders are not required to be pre - qualified. Bidder must complete Statement of Bidder's Qualifications. No bid will be accepted unless all questions have been answered completely and the statement has been signed and notarized. Each bidder agrees to comply with all terms of relating to equal employment opportunity. 102.03 - PROPOSAL FORMS: The Owner will make available to bidders the proposal forms which will state the location and description of the contemplated construction and will show the approximate quantities of the various items of work to be performed and materials to be furnished with a schedule of items for which unit bid or lump sum prices are asked. The proposal form will state the time in which it must be completed and the amount of the "Proposal Guaranty" which must accompany the proposal. 102.04 - INTERPRETATION OF ESTIMATES: The estimate of quantities of work to be done and materials to be furnished listed in the Plans and on the Bid Form are to be considered as approximate only and are to be used as a basis for the comparison of bids and the award of the contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimate of quantities, or of the character, location or other conditions, pertaining to the work. Payment to the contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications and it is understood that the quantities of work to be done and the materials to be furnished may each be increased, diminished or omitted as hereinafter provided without in any way invalidating the bid prices. 102.05 - EXAMINATION OF PLANS SPECIFICATIONS SPECIAL PROVISIONS SITE OF WORK: The bidder is required to examine carefully the site of the proposed work and the proposal, plans, specifications, special provisions, and contract forms, and satisfy himself /herself as to the character, quality and quantities of work to be performed and materials to be furnished and as to the requirements of these specifications, supplemental specifications, special provisions and contract. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. 102.06 - PREPARATION AND SUBMISSION OF PROPOSAL: (1) The bidder shall submit his /her proposal upon the forms furnished in the specification documents. The bidder shall specify a unit price in words and figures for each pay item for which a quantity is given and shall also show the products of the respective unit prices and quantities written in figures in the column provided for that purpose and the total amount of the proposal obtained by adding the amounts of the several items. All the words and figures shall be in ink or typed. In case of a discrepancy between the prices written in words and those written in figures, the prices written in words shall govern. AGREEMENT AND GENERAL CONDITIONS Any change in the unit price, words or figures, or the product of the unit price, shall be acknowledged by the initials of the person signing the bid, adjacent to each such change or alteration. (2) LUMP SUM - The bidder shall submit his /her proposal upon the forms furnished in the specification documents. The bidder shall specify a lump sum price when called for either in words or in figures for each item requested, and shall also show the products when applicable. Any change in the lump sum, words or figures, or the product, shall be acknowledged by the initials of the person signing the bid, adjacent to each such change or alteration. SIGNATURE OF PROPOSAL CONTRACTS STATUTORY BOND IF A CORPORATION: Title of officer signing, Secretary's attest and Seal should be shown. IF A COMPANY: Title of officer signing. (If incorporated, following the Company name with "A Corporation" and title of officer signing, along with Secretary's attest and company seal or corporate seal.) IF A PARTNERSHIP: Indicate following firm name "A Partnership" and "Partner" following signature of partner signing. IF AN INDIVIDUAL: Show individual, D /B /A (show firm name) and following signature, show "Owner." 102.07 - REJECTION OF PROPOSALS: Proposals containing any omission, alterations of form, additions or conditions not called for, conditional or alternate bids unless called for, or if they contain a clause in which the bidder reserves proposals otherwise regular which are not accompanied by a Proposal Guaranty will be considered irregular and may be rejected. The Owner reserves the right to waive technicalities as to change, alterations, or reservations and make the award in the best interest of the Owner. 102.09 - PROPOSAL GUARANTY: Each separate proposal shall be accompanied by a certified check, cashier's check or bidder's surety bond, in the amount as stated in the advertisement for bids. 102.10 - WITHDRAWAL OF PROPOSALS: Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After other bids are opened and read, the bid for which withdrawal is requested will be returned unopened. AGREEMENT AND GENERAL CONDITIONS 43 102.11 - DISQUALIFICATION OF BIDDERS: Any one or more of the following causes may be considered as sufficient for the disqualification of a bidder and the rejection of his /her bid: • Failure to comply with any qualification regulations of the Owner. • Contractors on unacceptable lists published by governmental agencies. • More than one proposal for the same work from an individual, company, partnership, or corporation under the same or different names. • Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work for the Owner. • Unbalanced proposals in which the prices for some items are out of proportion to the prices of other items. • Failure to submit a unit price or lump sum for each item or items of work listed in the proposal. • Lack of responsibility as shown by past work for the Owner, judged from the standpoint of workmanship and progress. Lack of competency and adequate machinery, plant and other equipment, as revealed by the financial statement and experience questionnaires. • Uncompleted work which, in the judgment of the Owner, might hinder or prevent the prompt completion of additional work if awarded. • For being in arrears on existing contracts, in litigation with the Owner, or having defaulted on a previous contract or failure to comply with any qualification regulations of the Owner. 102.12 - MATERIAL GUARANTY: The successful bidder may be required to furnish a complete statement of the origin, composition, and manufacture of any or all materials to be used in the construction of the work together with samples, which samples may be subjected to tests to determine their quality and fitness for the work. 102.13 - CONTRACTOR AND THEIR EMPLOYEES: The General Contractor and subcontractors employed upon the work shall and will be required to conform to the labor laws of the State of Oklahoma and the various acts amendatory and supplementary thereto, and to all laws, ordinances, and legal requirements applicable thereto. The contractor shall employ competent foremen, experienced mechanics, and others skilled in the several parts of the work given them to do, for performance of the work embraced in this contract; and shall promptly discharge any and all incompetent or otherwise unsatisfactory employees. Contractor's employees directly employed in performance of the work shall not be paid less than the prevailing minimum wage scale. Necessary sanitary conveniences for the use of employees on the work, properly secluded from public observation, shall be provided and maintained by the contractor. The construction and location of the facility and disposal of the contents shall comply with all laws of the Owner and State, relating to health and sanitation regulations. The contractor hereby agrees to comply with the provisions of Title 40 Oklahoma Statutes (Supp.9181) Sections 196.1 et.seq. relating to minimum wage scale of public projects. AGREEMENT AND GENERAL CONDITIONS The Contractor and each Subcontractor shall pay the contributions required by the Social Security Act, U.S. Current Tax Payment Act (withholding tax) and the public laws of the State and shall accept exclusive liability for said contributions. The Contractor further shall indemnify and hold harmless the Owner on account of any such contributions assessed against the Owner. The contractor agrees to keep an accurate record showing the names and occupation of all employees, including the employees of any subcontractor, employed on the contract and also showing the actual wages paid to each of the employees, which record shall be open at all reasonable hours to the inspection of the Owner or the Commissioner of Labor, State of Oklahoma. The contractor further agrees that it (and contractor's subcontractors, if any) will not fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to this compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, age or national origin, and further agrees that it will not (nor will its subcontractors, if any) limit segregate or classify its employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his /her status as an employee, because of such individual's race, color, religion, sex, age, physical handicap or national origin. Contractor further agrees with the Owner that this contract may be terminated by the Owner in the event there shall be a violation of any of the provisions of this paragraph, upon notice in writing given, and all monies to become due pursuant to any other provisions of this contract from the date of termination shall thereafter be forfeited the contractor being entitled only to monies expended and services performed up to and including the date of termination. SECTION 103 AWARD AND EXECUTION OF CONTRACT 103.01 - AWARD OF CONTRACT: Award of contract will be made by the Owner, upon the recommendation of the Department to the lowest responsible bidder meeting the requirements of the Oklahoma "Public Competitive Bidding Act ". The award of contracts involving the expenditure of federal funds is contingent on concurrence of the federal agency or any other agency whose funds are being used. The award, if made, will be within thirty (30) calendar days after the opening of proposals. 103.02 - CANCELLATION OF AWARD: The Owner reserves the right to cancel the award of any contract at any time before the execution of said contract without any liability against the Owner /City of Owasso. 103.03 - RETURN OF PROPOSAL GUARANTIES: The guaranty deposited with bids will be returned to unsuccessful bidders within fourteen (14) days after the Bid Opening. The guaranty of the successful bidder will be retained until after the contract is executed and bonds approved, after which it will be returned. The Proposal Guaranty of any Bidder whom Owner believes to have a reasonable chance of receiving the award, may be retained by Owner until after the contract of the successful bidder is executed and the bonds approved. AGREEMENT AND GENERAL CONDITIONS M 103.04 - INSURANCE AND BONDS: The successful bidder will be required to carry such compensation and public liability insurance as may be required under the laws of the State of Oklahoma, and shall execute and furnish a statutory surety bond guaranteeing that the contractor shall pay all indebtedness incurred for materials and labor furnished in the performance of the contract in a sum equal to one hundred percent (100 %) of the contract price. The successful bidder shall furnish a performance surety bond in the amount of one hundred percent (100 %) of the contract guaranteeing the proper and prompt completion of the work in accordance with the provisions of the contract and the plans and specifications. The successful bidder shall also furnish a maintenance bond in the amount of one hundred percent (100 %) of the contract, guaranteeing public improvement projects for two (2) years against defective workmanship and materials from the date of acceptance of the project. CONTRACTOR MUST USE THE BOND FORMS SUPPLIED IN THIS DOCUMENT and MAY ATTACH SAID BOND. The contractor (and any subcontractors) shall carry and keep in force during this contract, policies of public liability insurance, including any contractual liability assumed under this contract, in the minimum amounts set forth below, and workmen's compensation and employer's liability insurance in the amounts required by law. The contractor shall also furnish an Owner's Protective Policy in the same amounts with the Owner as the named insured, issued by the same insurance company as the issuer of Contractor's Liability Coverage. Public Liability, other than automobile: Personal Injury, each person $ 100,000.00 Personal Injury, each accident $1,000,000.00 Property Damage, each person $ 100,000.00 Property Damage, each occurrence $ 100,000.00 Automobiles and Trucks: Owned, Hired and Non - owned: Personal Injury, each person $ 100,000.00 Personal Injury, each accident $1,000,000.00 Property Damage, each accident $ 100,000.00 The policy shall provide a clause stating that it cannot be canceled by the insurer without the insurer first giving the Owner ten (10) day written notice of cancellation. The contractor shall furnish the Owner an original and duplicate certificate of insurance at the time contracts are prepared. 103.05 - FORFEITURE OF PROPOSAL GUARANTY: The individual, partnership, company or corporation to whom a contract is awarded shall, within ten (10) days after such contract is awarded, execute and deliver to the Owner the contract required under such award, and execute and deliver all bonds required for the protection of the Owner against the claims of every person whomsoever and against the claims of all persons resulting from the acts or act, or the omissions or defaults of the contractor, in such amounts as may be required by the Owner. Such bonds to be executed and approved prior to the execution of said contract by the Owner. AGREEMENT AND GENERAL CONDITIONS Upon the failure of the bidder to execute said bonds, or any of them, and said contract within said ten (10) days after the same is awarded, (s)he will be considered to have abandoned said bid, and the Owner may re -let the same. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and extremely difficult to fix the amount of damages and expenses which the Owner would be put to by reason of said bidder's failure to execute said bonds and contracts within said ten (10) days, the proposal guaranty accompanying the bid shall be the agreed amount of damages which the Owner will suffer by reason of such failure upon the part of the bidder, and shall thereupon immediately be forfeited to the Owner. The filing of a bid under these instructions will be considered as an acceptance of this provision. 103.06 - PRELIMINARY MATTERS: Before starting construction, the Contractor shall carefully study and compare the Project Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the Department any conflict, error, ambiguity, or discrepancy which the Contractor may discover and shall obtain written interpretation or clarification from the Department before proceeding with any work affected thereby. With 10 days after the Notice to Proceed, the Contractor shall submit to the Department for its timely review: A preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Project Documents; 2. A preliminary schedule of Shop Drawings and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. A preliminary schedule of values for all the Work which includes quantities and prices of items which, when added together, equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payment during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 103.07 - PRECONSTRUCTION CONFERENCE: Within 20 days from Notice to Proceed, but before any Work at the site is started, a conference attended by the Contractor, Department, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred in paragraph 103.07, procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. At the present time, the OWNER has not set aside a particular area to store materials and heavy equipment. At the pre- construction conference, specific locations will be presented by the Contractor for approval by the Department. AGREEMENT AND GENERAL CONDITIONS 47 SECTION 104 SCOPE OF WORK 104.01 - INTENT OF CONTRACT: The intent of the contract is to provide for the construction and completion in every detail of the work described. The contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. There will be a pre- construction conference at a time specified to the Contractor after Notice of Award. 104.02 - ALTERATION OF PLANS OR CHARACTER OF WORK: The Owner reserves the right to make at any time during the progress of the work, such increases or decreases in quantities an such alterations in the details of construction, including alterations in the grade or alignment of the road or structure or both, as may be found to be necessary or desirable. Such increases or decreases and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to accept the work as altered, the same as if it had been a part of the original contract. All claims, disputes and other matters in question between Owner and Contractor arising out of, or relating to, the Project Documents or the breach thereof are not subject to arbitration. The Owner will be the sole judge in all claims and disputes. 104.03 - EXTRA WORK: The contractor shall perform unforeseen work, for which there is no price included in the contract, whenever it is deemed necessary or desirable in order to complete fully the work as contemplated. Such work shall be performed in accordance with the specifications as directed in writing by the Department, and will be paid for as provided under extra or force account work. 104.04 - MAINTENANCE OF TRAFFIC: The project, while undergoing improvements, shall be kept open to all traffic by the contractor unless approved otherwise in writing by the Department. Temporary traffic control devices shall be furnished and maintained by the contractor. Methods of traffic control, including a traffic control plan, shall be submitted by the Contractor for approval before construction activities begin. All traffic control devices shall conform to the most recent Manual for Uniform Traffic Control Devices (MUTCD). 104.05 - REMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS: All materials, structures, or obstructions found on the project which are not to remain in place or which are not to be used in the new construction shall be carefully dismantled and salvageable materials stored in accessible locations as directed by the Department. Unless specified on the plans or in the proposal, this work will not be paid for separately but will be included in the price bid for other items. Unless otherwise shown, materials not considered salvageable for use by the Owner or not incorporated in the work shall become the property of the contractor, and shall be removed from the work site in a timely manner and disposed of by him /her. 104.06 - SITE MAINTENANCE: The work site shall be kept free from construction debris. At the end of each work shift, the site shall be policed for objectionable debris which could be deposited off site by wind or storm runoff. Other materials for use in the construction AGREEMENT AND GENERAL CONDITIONS En of the project shall be maintained in orderly storage and protected from elements which could hinder incorporation into the work. 104.07 - CONTROL OF STORM RUNOFF: The contractor shall take preventive measures to minimize polluted runoff from the work site. Pollution includes, but is not limited to, silt or mud from disturbed area, construction debris, any petroleum products, or other objectionable materials. The contractor shall correct immediately any violation of this paragraph under current state and local ordinances. Failure to comply may result in shut down of all work as directed by the Department. 104.08 - FINAL CLEAN UP: Upon completion of the work and before acceptance and final payment will be made, the contractor shall remove from the right -of -way al . machinery, equipment, surplus and discarded materials, rubbish, temporary structures and stumps or portions of trees. Contractor shall cut all brush and weeds within the limits of the right -of -way and shall leave the project and borrow pits in a neat condition. Material, cleared from the right -of -way will not be considered as having been disposed of satisfactorily. The contractor shall leave any areas or slopes, where any work is performed, in a neat and workmanlike condition. Contractor shall repair at their own expense and to the satisfaction of the Department, any areas, slopes, or turfing that have been damaged by the Contractor operations. SECTION 105 CONTROL OF WORK 105.01 - AUTHORITY OF THE CONTRACTOR: The Contractor shall supervise, inspect, and direct the Work competently as efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Project Documents. Contractor shall be responsible to see that the completed Work complies accurately with the Project Documents. 105.02 - AUTHORITY OF THE DEPARTMENT: The Department's status during construction is to assist the Owner in answering questions which may be brought forth by the Contractor during construction. However, final decisions will be made by the Owner. The Department will decide all questions which may arise as to the quality and acceptability of materials furnished and work performed and as to the rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as the acceptable fulfillment of the contract on the part of the contractor. The Department will have the authority to suspend or change the sequence of work wholly or in part due to the failure of the contractor to correct conditions unsafe for the workmen or the general public; for failure to carry out provisions of the contract; for failure to carry out orders; for such periods as deemed necessary due to the unsuitable weather; for conditions considered unsuitable for prosecution of the work or for any other condition or reason deemed to be in the public interest. If the contractor ignores the authority of the Department under subsection 105.01, the Department may withhold partial payments due the contractor upon due notice in writing. Any notice to any Contractor from the Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor at his /her last given AGREEMENT AND GENERAL CONDITIONS I� address, or delivered in person to said Contractor or his /her authorized representative on the work. 105.03 - PLANS AND WORKING DRAWINGS: Plans will show details of all structures, lines, grades, typical cross sections of the roadway, location and design of all structures. The contractor shall keep one set of plans available on the work at all times. The plans will be supplemented by such working drawings as are necessary to adequately control the work. Working drawings for structures shall be furnished by the contractor and shall consist of such detailed plans as may be required to adequately control the work and are not included in the plans furnished by the Owner. They shall include stress sheets, shop drawings, erection plans, false -work plans, cofferdam plans, bending diagrams for reinforcing steel or any other supplementary plans or similar data required of the contractor. All work drawings must be approved by the Department and such approval shall not operate to relieve the contractor of any of his /her responsibility under the contract for the successful completion of the work. The contract price will include the cost of furnishing all working drawings. After the Awarding of Contract and prior to the Pre - Construction Conference, the Contractor shall furnish copies of each submittal required, along with a list of all subcontractors, telephone numbers, addresses, etc. Exceptions will be made on an individual basis concerning submittal time frames if manufacturer needs additional time. Generally, Notice to Proceed will be issued once the City Attorney has approved the contract and all bond, and the submittals and list of subcontractors have been submitted. 105.04 - CONFORMITY WITH PLANS AND SPECIFICATIONS: All work performed and all materials furnished shall be in reasonably close conformity with the lines, grades, cross sections dimensions and material requirements, including tolerances, shown on the plans or indicated in the specifications. In the event the Department finds the materials or the finished product in which the materials are used or the work performed are not in reasonably close conformity with the plans and specifications and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the contractor. 105.05 - COORDINATION OF PLANS SPECIFICATIONS SUPPLEMENTAL SPECIFICA -TIONS AND SPECIAL PROVISIONS: These specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complimentary and to describe and provide for a complete work. The contractor shall take no advantage of any apparent error or omission in the plans or specifications. In the event the contractor discovers such an error or omission, they shall immediately notify the Department. The Department will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the plans and specifications. AGREEMENT AND GENERAL CONDITIONS W 105.06 - COOPERATION BY CONTRACTOR: The contractor shall give the work the constant attention necessary to facilitate the progress thereof, and shall cooperate with the Department, his /her inspectors, and other contractors in every way possible. The contractor shall have on the work at all times, as his /her agent, a competent superintendent capable of reading and thoroughly understanding the plans and specifications and thoroughly experienced in the type of work being performed, who shall receive instructions from the Department or his /her authorized representatives. The superintendent shall have full authority to execute order or directions of the Department without delay, and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work sublet. 105.07 - PROTECTION OF PROPERTY: The protection of City, State and Government monuments, street signs and other City property is of prime importance, and if the same be damaged, destroyed, or removed, they shall be repaired, replaced, or paid for by the contractor. Disturbance to this property must first be approved by the agency which controls it. At places where the contractor's operations are adjacent to the plant of railway, telegraph, telephone, electric, gas water, sanitary sewers, or storm sewers, damage to which might result in expense, loss, or inconvenience, work shall not be commenced until all arrangements for relocation or revisions have been made. The Owner has attempted to locate all storm sewers, culverts, and buried telephone or electrical conduits, sanitary sewers, water mains, and gas mains that might interfere with the construction of this project. The contractor shall cooperate with the owners of any underground or overhead utility lines in their removal and rearrangement operations in order that these operations may progress in a reasonable manner and duplication or rearrangement work may be reduced to a minimum and that services rendered by those parties will not be unnecessarily interrupted. The revision and crossings of the various types of lines shall be made as follows: A. Storm sewers and culverts may be removed at the time of crossing or may be adequately braced and held in position while the pipe is placed beneath them. If the storm sewer or culvert is removed, it shall be replaced with pipe of the same type and size as that removed and it shall be rejoined to the undisturbed line with a joint satisfactory to the Department. Backfill over and around the storm sewer shall be thoroughly compacted in order that no settlement will occur. The revision and crossing shown on the drawing shall be at the expense of the contractor. In the event line other than those shown on the drawing are encountered and fall within the standard trench limit or within 12" of subgrade and, in the opinion of the Department, revision of the line is necessary for the construction of the project, the contractor will be reimbursed for the extra cost of the crossings or revision, provided the Owner can't fix the problems themselves. B. All overhead and buried telephone and electrical conduits and gas mains to be revised or crossed by the construction of this project shall be protected in accordance with the directions of the utility company owning the conduits and /or mains. The AGREEMENT AND GENERAL CONDITIONS 51 contractor shall notify the companies and obtain their permission before making any crossing or revisions. In the event lines other than those shown on the drawing are encountered, and in the opinion of the Department revision of the line is necessary for the construction of the project, the contractor will be reimbursed for the extra cost of the crossing or revision provided the utility can't fix the problem themselves. Any overhead cables, buried cables, conduits or gas mains shown on plans and damaged by the contractor shall be repaired, at his /her expense, to the satisfaction of the Department and of the utility. C. The contractor shall not remove any water or sanitary sewer lines except as directed by the Department or as required by the drawing and specification, and shall adequately brace and protect them from any damage during construction. Any existing water main or sewer main or lateral damaged by the contractor's operations will be repaired by the Owner's maintenance forces at the Contractor's expense. The contractor shall notify the Owner immediately after damaging any pipe. The location of utility lines serving individual properties may or may not be shown on the drawings. All plans have been reviewed by the respective owners of the utilities and locations have been verified. If service lines are encountered which are not shown on the plans or are shown in the wrong location, the contractor shall notify the owner of the utility and the Department for relocation of the lines. If the lines are broken or damaged from construction and were not shown or were shown erroneously, the contractor shall not be liable for the cost of repairs. 105.08 - COOPERATION BETWEEN CONTRACTORS: The Owner reserves the right at any time to contract for and perform other or additional work on or near the work covered by the contract. When separate contracts are let within the limits of any one project, each contractor shall conduct his /her work so as to minimize interference with the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume liability, financial or otherwise, in connection with his /her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delay or loss experienced by him /her because of the presence and operations of other contractors working within the limits of the same project. The contractor shall arrange his /her work and shall place and dispose of the materials being used so as to minimize interference with the operations of the other contractors within the limits of the same project. The Contractor shall join their work with that of the others in acceptable manner and shall perform it in proper sequence to that of the others. 105.09 - CONSTRUCTION STAKES, LINES AND GRADES: Unless otherwise shown on plans, the Contractor will set vertical and horizontal controls provided by the Consultant or Department or shown on the construction plans. It shall be the responsibility of the AGREEMENT AND GENERAL CONDITIONS 52 contractor to confer with the Consultant or Department and satisfy himself /herself as to the accuracy of the controls prior to the commencement of work. It shall also be the responsibility of the contractor to protect and maintain those controls and to replace immediately any or all controls should they be damaged or altered in any manner. From these vertical and horizontal controls, the contractor shall layout and stake the project for construction in accordance to construction plans and in a manner that is satisfactory to the Department prior to setting forms or batterboards. From these vertical and horizontal controls, the contractor shall provide competent personnel to layout the project in accordance to construction plans. 105.10 - INSPECTION OF WORK: Inspectors employed by the Department will be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector will not be authorized to alter or waive the provisions of the contract. All materials and each part or detail of the work shall be subject to inspection by the Department. The Department shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. If the Department requests it, the contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering or removing, and the replacing of covering or making good of the parts removed, will be at the contractor's expense. Any work done or materials used without inspection by the Owner's representative may be ordered removed and replaced at the Contractor's expense. The Department must be notified within twenty -four (24) hours before placement of any concrete, asphalt, or pipe and an inspector must be present during these operations. The inspector will not be authorized to issue instructions contrary to the plans and specifications, or to act as foreman for the contractor. 105.11 - REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK: All work which does not conform to the requirements of the contract will be considered as unacceptable. Unacceptable work, whether the results of poor workmanship, use of defective materials, damage through carelessness, or any other cause, shall be removed immediately and replaced in an acceptable manner. Work done contrary to the instructions of the Department, work done beyond the line shown on the plans, or any extra work done without authority, will be considered as AGREEMENT AND GENERAL CONDITIONS 53 unauthorized and will not be paid for under the provisions off he contract. Work so done may be ordered removed or replaced at the contractor's expense. Upon failure on the part of the contractor to comply with any order of the Department made under the provisions of this article, the Department will have the authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs from any monies due or to become due to the contractor. Any defects in workmanship or materials will be corrected by the CONTRACTOR at no additional expense to the OWNER. Any and all adjustments called to the attention of the CONTRACTOR by the OWNER will be corrected within a reasonable time. The term "reasonable" will be interpreted as being within thirty (30) days or less, unless the OWNER agrees to extend this schedule. 105.12 - LOAD RESTRICTIONS: The contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the project. A special permit will not relieve the contractor of liability for damage which may result from the moving of equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or the roadway or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base or structure before the expiration of the curing period. The contractor shall be responsible for all damage done by his /her hauling equipment. 105.13 - MAINTENANCE DURING CONSTRUCTION: The contractor shall maintain the work during construction and until the project is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that the construction will be kept in satisfactory condition at all times. All cost of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various pay items and the contractor will not be paid an additional amount for such work. 105.14 - FAILURE TO MAINTAIN CONSTRUCTION: If the contractor, at any time, fails to comply with the provisions of maintenance, the Department will immediately notify the contractor of such non - compliance. If the contractor fails to remedy unsatisfactory maintenance within 24 hours after receipt of such notice, the Department may immediately proceed to maintain the project, and the entire cost of this maintenance will be deducted from monies due or to become due the contractor on this contract. 105.15 - FINAL INSPECTION: Upon due notice from the contractor of presumptive completion of the entire project, the Department will inspect with the contractor. If all construction provided for and contemplated by the contract is found completed to his /her satisfaction, that inspection shall constitute the final inspection. AGREEMENT AND GENERAL CONDITIONS 3! If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Department will give the contractor the necessary instructions for correction of same, and the contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection provided the work has been satisfactorily completed. SECTION 106 CONTROL OF MATERIAL 106.01 - SOURCE OF SUPPLY AND QUALITY REQUIREMENTS: The materials used on the work shall meet all quality requirements of the contract. In order to expedite the inspection and testing of materials, the contractor shall notify the Department of his /her proposed sources of materials prior to delivery. At the option of the Department, materials may be approved at the source of supply before delivery is started. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the contractor shall furnish materials from other sources. 106.02- SAMPLES, TESTS, CITED SPECIFICATIONS: All materials will be inspected, tested and accepted by the Department before incorporation in the work. Any work in which untested and unaccepted materials are used without approval or written permission of the Department shall be performed at the contractor's risk and may be considered as unacceptable and unauthorized. All materials required to be tested by a private laboratory shall be approved by the Department. Reports of such tests shall be forwarded to the Department. 106.03 - PLANT INSPECTION: The Department may undertake the inspection of materials at the source. In the event plant inspection is undertaken, the following conditions shall be met: A. The Department shall have the cooperation and assistance of the contractor and the producer with whom (s)he has contracted for materials. B. The Department shall have full entry at all times to such parts of the plant as may concern the manufacture or production of the materials being furnished. C. If required by the Department, the contractor shall arrange for an approved building for the use of the inspector, such building to be located conveniently near the plant, independent of any building used by the material producer. D. Adequate safety measures shall be provided and maintained. It is understood that the Owner reserves the right to retest all materials prior to incorporation into the work which have been tested and accepted at the source of supply after the same have been developed and to reject all materials which, when retested, do not meet the requirements of these specifications. 106.04 - UNACCEPTABLE MATERIALS: All materials not conforming to the requirements of the specification shall be considered as unacceptable and all such materials will be AGREEMENT AND GENERAL CONDITIONS 55 rejected and shall be removed immediately from the site of the work unless otherwise instructed by the Department. No rejected material, the defects of which have not been corrected, shall be used until approval has been given. SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 107.01 - LAWS TO BE OBSERVED: The contractor shall keep fully informed of all Federal and State laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner may affect those engaged or employed on the work, or which in any way affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the Owner and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulations, order, or decree, whether by himself /herself or his /her employees. 107.02 - PATENTED DEVICES, MATERIALS AND PROCESSES: If the contractor employs any design, device, material, or process covered by letters of patent or copyright, they shall provide for such use by suitable legal agreement with the patentee or owner. The contractor and the surety shall indemnify and save harmless the Owner, any affected third party from any and all claims for infringement by reason of the use of any such patented design, device, material, or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of any infringement, at any time during the prosecution or after the completion of the work. 107.03 - PUBLIC CONVENIENCE AND SAFETY: The contractor shall comply with all applicable Federal, State, and local laws governing safety, health and sanitation. The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions, on his /her own responsibility or as the Department may determine, reasonably necessary to protect property in connection with the performance of the work covered by the contract. Materials stored upon the roadway shall be so placed and the work shall, at all times, be so conducted as to cause no greater obstruction to the traveling public than is considered necessary by the Department. 107.04 - USE OF EXPLOSIVES: When the use of explosives is necessary for the prosecution of the work, the contractor shall exercise the utmost care not to endanger life or property, including new work. The contractor shall be responsible for all damage resulting from the use of explosives. In handling explosives used during the construction of the project, the contractor shall adhere to all Federal and State laws and City ordinances regulating the purchase, transportation, storage, handling and use of such explosives. No blasting shall be done without the approval of the Department. AGREEMENT AND GENERAL CONDITIONS 107.05 - CONTRACTOR'S RESPONSIBILITY FOR WORK: The performance of the contract and the work, as well as the full dollar amount of the contract, is at the risk of the contractor. The contractor shall take all responsibility of the work, and shall bear all losses from any cause whatsoever, including, but not limited to, losses resulting because of the amount or character of the work, or because the nature of the land in or on which the work is done is different from what is assumed or expected, or on account of the weather, floods, fire, windstorm, or other actions of the elements, or any cause or causes whatsoever for which the Owner is not responsible. If the work or any part or parts thereof is destroyed or damaged from any of the aforesaid causes prior to Owner's final acceptance of same, the contractor, at contractor's expense, shall restore the same or remedy the damage. The Consultant or Department will provide necessary datum to begin construction, however, it shall be the responsibility of the Contractor to provide all grade stakes, etc. along with any surveying needed to produce a finished product. The Contractor will be responsible for supplying copies of all field notes gathered in determining grades, etc. during the construction of this project. SECTION 108 PROSECUTION AND PROGRESS 108.01 - ASSIGNMENT AND SUBLETTING OF CONTRACT: A. The contractor shall give his /her personal attention to the fulfillment of this contract, and shall not let, assign, or transfer it or his /his right, title, or interest in or to the same or any part thereof, by attorney or otherwise, or sublet any part of the work to any other person without the previous consent of the Owner in writing. B. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him /her, his /her subcontract shall be immediately terminated by the contractor upon notice from the Owner. The contractor shall be as fully responsible to the Owner for the acts and omissions of persons directly employed by them, as (s)he is for the acts and omissions of persons directly employed by him /her. Nothing contained in these Project Documents shall create any contractual relationship between any subcontractor and the Owner. 108.02 - TIME AND PROGRESS: A. The work shall be commenced on or after the date of the Notice to Proceed from the Owner. The contractor agrees that the work shall be prosecuted regularly, diligently, and uninterruptedly at a uniform rate of progress so as to insure completion within the number of days stated in the Bid Proposal. It is expressly understood and agreed that the said time for the completion of the work described herein is a reasonable time for the completion of the same. B. The contractor is required to furnish the Department with progress schedules, in a format approved by the Department, setting forth in detail the procedure (s)he proposes to follow, and giving the dates on which (s)he expects to start and to complete separate portions of the work. If at any time, in the opinion of the Department, proper progress is not being maintained, such changes shall be made in the schedule of AGREEMENT AND GENERAL CONDITIONS 57 operations which will satisfy the Department that the work will be completed within the period stated in the proposal. C. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise stated in the Project Documents, all Work shall be performed during regularworking hours, and the Contractor will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without the Owner's written consent (which will not be unreasonably withheld) given after prior written notice to the Engineer. The Contractor is to compensate the Owner for any charges incurred by the Owner for the inspection of the Work outside regular business hours. D. If the contractor shall fail to complete the work within the specified, then the contractor agrees to pay to the Owner, not as penalty, but as liquidated damages for such breach of contract, the sum specified in the Agreement for each day of failure to complete the work after the specified time set forth in the Bid Proposal. The said amount is fixed and agreed upon because of the impracticability and extreme difficulty of fixing and ascertaining the actual damage the Owner would in such event sustain. E. It is further agreed that time is of the essence of each and every portion of this contract and the specifications wherein a definite and certain time is fixed for the performance of any act whatsoever; and where under the contract an allowance of additional time for the completion of any work is made, the new time fixed by such extension shall be of the essence of this contract. F. Should the contractor be delayed in the final completion of the work by any act or neglect of the Owner or Consultant, or of any employees of either, or by strikes, injunctions, fire, or other cause or causes outside of and beyond the control of the contractor and which, in the opinion of the Department, could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay, as determined by the Department, shall be granted by the Owner, provided, however, that the contractor shall give the Owner and the Department notice in writing of the cause of the delay in each case within ten (10) days after the delay. G. Time extensions may be granted for unusually inclement weather occurring more often than anticipated at the project location during any given month. Anticipated weather delays (days) included in the contract period at time of award are based on the following: The contractor's progress schedule must include these anticipated adverse weather delays in all weather - dependent activities. Time extensions to the contract period will be granted only under the following conditions. The delay has been documented with Owner in a timely manner and Owner agrees that the delay actually occurred, and 2. The delay affects work in progress and actually causes a delay in project performance. AGREEMENT AND GENERAL CONDITIONS W H. Extensions of time will not be granted for delays caused by inadequate or insufficient construction force or the failure of the contractor to place orders for equipment or materials a sufficient time in advance to insure delivery when needed. Any extension of time by the Owner shall not release the contractor and surety herein from the payment of liquidated damages for a period of time not included in the original contract or the time extension as herein provided. I. Failure to complete project within specified time, as set forth in this contract, may be grounds for disqualification for future consideration for contracts with the City of Owasso. 108.03 - CHARACTER OF WORKERS, METHODS AND EQUIPMENT: The contractor shall at all times employ sufficient labor and equipment for prosecuting the several classes of work to full completion in the manner and time required by these specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experiences in such work and in the operation of the equipment required to perform all work properly and satisfactorily. Any person employed by the contractor or by any subcontractor who does not perform his /her work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Department, be removed forthwith by the contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without the approval of the Department. Should the contractor fail to remove such person or persons as required above, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Department may suspend the work by written notice until such orders are complied with. 108.04 - LIMITATION OF OPERATIONS: The contractor shall conduct the work at all times in such a manner and sequence to the satisfaction of the Department. (S)he shall not open up work to the prejudice or detriment of work already started. The Department may require the contractor to finish a section on which work is in progress before work is started on any additional sections if the opening of such section is in the public interest or welfare. 108.05 - CONTRACTOR'S RIGHT OF PROTEST: If the contractor considers any work demanded of him /her to be outside the requirements of the contract, or considers any record or ruling of the Department to be unfair, (s)he shall, immediately upon such work being demanded or such record or ruling being made, ask for written instructions or decisions, whereupon (s)he shall proceed without delay to perform the work or to conform to the record or ruling. Within ten (10) days after the date of receipt of written instructions or decisions, (s)he shall file a written protest with the Department, stating clearly and in detail the basis of his /her objections. Except for such protest and objections as are made of record in the manner herein specified and within the time stated, the records, rulings, instructions, or decision of the Department shall be final and conclusive. AGREEMENT AND GENERAL CONDITIONS we 108.06 - RIGHT OF OWNER TO TERMINATE CONTRACT: If the work to be done under this contract shall be abandoned by the contractor, or if this contract shall be assigned by him /her otherwise than as herein provided, or if the contractor should be adjudged as bankrupt, or if a general assignment of his /her assets be made for the benefit of his creditors, or a receiver should be appointed for the contractor or any of his /her property; or if at any time the Department shall certify in writing that the performance of the work under this contract is being unnecessarily delayed, or that the contractor is willfully violating any of the conditions or covenants of this contract or the specifications therefore, or that (s)he is executing the same in bad faith or otherwise not in accordance with the terms of this contract; or if the work be not substantially completed within the time named for its completion, or within the time to which such completion date may be extended then the Owner may serve written notice upon the contractor and his /her surety of said Owner's intention to terminate this contract, and unless within five (5) days after the serving of such notice upon the contractor a satisfactory arrangement is made for the continuance thereof, this contract shall cease and terminate. In the event of such termination, the Owner shall immediately serve notice thereof upon the surety and contractor, and the surety shall have the right to take over and complete the work, provided, however, that if the surety does not commence performance thereof within thirty (30) days from the date of said notice of termination, the Owner may take over the work and prosecute same to completion, by contract, or otherwise for the account and at the expense of the contractor; and the contractor and his /her surety shall be liable to the Owner for any and all cost sustained by the Owner by reason of such prosecution and completion. In such event the Owner may take possession of, and utilize in completing the work, all such materials, equipment, tools and plant as may be on the site of the work and necessary therefore. 108.07 - FINAL ACCEPTANCE: It shall be the duty of the Department to determine when the work is completed and the contract fulfilled, and to recommend its acceptance by the Owner. The work therein specified to be performed shall not be considered finally accepted until all the work has been accepted by the City of Owasso and /or Owasso Public Works Authority. SECTION 109 MEASUREMENT AND PAYMENT 109.01 - PAYMENT FOR CONTRACTOR'S PLANT AND MISCELLANEOUS ITEMS: For providing plant, tools, and equipment; for furnishing, erecting, maintaining and removing the construction plant, construction roads, camps, sanitary convenience, temporary water supply, de- watering and other temporary works; for furnishing insurance, bonds, drawings, records, payment of fees, defense of suits, and any all incidental requirements, whether or not they are enumerated in this paragraph, the contractor shall receive no direct payment. Compensation for them shall be considered as having been included in the prices stipulated for the bid items, the payment for which, calculated in the manner specified, shall constitute the total compensation due contractor for the performance of this contract. 109.02 - METHOD OF MEASUREMENT AND BASIS OF PAYMENT FOR ITEMS OF WORK: The contractor shall be paid for all work performed under the contract based on the Department's computations of as -built quantities and the contractor's unit price or lump sum per bid item. This payment shall be full compensation for furnishing all supplies, AGREEMENT AND GENERAL CONDITIONS .� materials, tools, equipment, transportation, and labor required to do the work; for all loss or damage, because of the nature of the work, from the action of the elements or from any unforeseen obstruction or difficulty which may be encountered in the prosecution of the work, and for which payment is not specifically provided; for all expenses incurred by or because of any suspension or discontinuance of all or any part of the work; and for well and faithfully completing the work according to the Project Documents and the requirements of the Department. 109.03 - PAYMENTS: If the work is progressing in a satisfactory manner the Contractor shall prepare an estimate for partial payment per EXHI BIT 'B" deadlines of the work completed, provided said payment is not less than $1,000.00. An estimate for partial payment shall include items actually incorporated in the work. The Owner will retain ten percent (10 %) of the amount due until in excess of fifty percent (50 %) of the contract has been completed. At that time, Owner shall pay an amount sufficient to increase total payments to ninety -five (95 %) of the contract price until the final completion and acceptance of all work included in this contract. Partial payment does not constitute acceptance of that portion of the work. Owner has complete responsibility for payment review and approval during construction. The Contractor's application for progress payments will be made on the form presented as Exhibit "A" of the Agreement and they will be submitted in accordance with the payment schedule presented as Exhibit "B" of the Agreement. When the work has been completed, the Department shall carefully measure and determine the as -built quantities of each class of work as shown in the schedule of bid items and such extra work performed by order of the Department. The aggregate cost of the work done and the materials furnished shall constitute the amount due for the completed work. All prior estimates and payments shall be subject to correction in the final estimate and payment. 109.04 - EXTRA WORK: A. When and as ordered in writing by the Department, the contractor shall do any work or furnish any materials which cannot reasonably be classified under any of the items of the contract but which may be found necessary in order to carry out and complete more fully the work herein agreed to be done and performed; and the contractor hereby agrees to accept, as full compensation for such extra work, lump sums or unit prices agreed upon in writing before said work is commenced. B. Whenever, in the judgment of the Department, it is impracticable because of the nature of the work or for any other reason to agree upon lump sums or unit prices, the extra work and materials shall be paid for at actual necessary cost as determined by the Department, plus fifteen percent (15 %), which fifteen percent (15 %) is hereby understood and agreed to include all cost of general superintendence, general expense, overhead, and profit. The actual necessary cost will include expenditures for material, labor, foremen, insurance, bond premiums, social security, and supplies furnished by the contractor, and a rental allowance for equipment, where required, to AGREEMENT AND GENERAL CONDITIONS 61 be agreed upon in writing before the work is begun, but will, in no case, include any allowance for office expense, general superintendence or other general expense. C. The contractor shall, on or before the tenth day of the month succeeding that in which any extra work shall have been performed, file with the Department an account giving the itemized cost of such extra work, and shall give the Department access to all accounts, bills, and vouchers relating thereto. In case the contractor fails to file, within the time above mentioned, such accounts for extra work, (s)he will be deemed to have performed such extra work without charge and shall be entitled to no compensation therefore. D. The contractor shall file with the Department, certified lists in duplicate, of any equipment and the schedule of pay rates for common and semi - skilled labor and operators of various classes which are intended to be used in performing the work covered by this contract. These rates shall be subject to approval of the Department for computation of extra work as mentioned above, however, if the contractor fails to file these lists with the Department prior to starting any work covered by contract, then the Department's computations shall be based on average wages and rates paid on City work. 109.05 - PAYMENT OR ACCEPTANCE NOT A WAIVER BY OWNER: Neither acceptance by the Owner or the Department, or any employee of either, nor any order by the Owner for payment of money, or the payment thereof, nor any taking of possession by Owner, nor the granting of any extension of time, shall operate as a waiver of any rights or powers of Owner hereunder, and in the event that after the work hereunder has been accepted and final payment made, it should be discovered that any part of this contract has not been fully performed or has been done in a faulty or improper manner, the contractor shall immediately remedy such defect, or in the event of neglect to do so within a reasonable time after notice thereof, shall be liable for the damage caused thereby, as Owner may elect. The acceptance of the work or final payment therefore shall be no bar to suit against the contractor or surety, or both. 109.06 - CONTRACTOR'S OBLIGATION AFTER ACCEPTANCE: Contractor further agrees without cost other than is specially provided for in this contract, at any and all times during the guaranty period following the completion and final acceptance of the work embraced in this contract, without notice from Owner, to refill all trenches or ditches that may sink or settle; and to repair all breaks or failures that may occur in the construction work due to defective material or workmanship; and to indemnify, save harmless and defend Owner from any and all suits and actions of every description brought against the Owner for, or on account of injuries or damages alleged to have been received or sustained by any party or parties by reason of, or arising out of the failure of contractor to refill all trenches or ditches; and to repair all breaks or failures of said construction work, which said injuries or damages are alleged to have been received during the guaranty period from the final acceptance of the work hereunder; and to pay any and all judgments that might be rendered against the Owner in any suits and actions, together with such expenses or attorney's fees expended or incurred by the Owner in the defense thereof. AGREEMENT AND GENERAL CONDITIONS M 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 Project Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on OWNER: z Bill Bush, Mayor City of Owasso, Oklahoma (SEAL) ATTEST: Juliann M Stevens City Clerk Title APPROVED AS TO FORM & CONTENT: Julie Trout Lombardi, City Attorney Address for giving notices: Larry Langford 200 S. Main Owasso, OK 74055 CONTRACTOR: M Magnum Construction, Inc. (SEAL) Title Address for giving notices: AGREEMENT AND GENERAL CONDITIONS 63 EXHIBIT "N' PAY ESTIMATE FORM (TYPICAL) CITY OF OWASSO, OKLAHOMA ELM CREEK PARK- PARK IMPROVEMENTS 12501 E. 77th St. N. Owasso, OK 74055 PAY ESTIMATE NO. PERIOD: CONTRACTOR BID AMOUNT OF ORIGINAL CONTRACT: $ CONTRACT ADJUSTMENTS: $ ADJUSTED BID AMOUNT: $ TOTAL COMPLETE WORK: $ MATERIALS STORED (per attached tabulation): $ LESS 10 %RETAINAGE: $ TOTAL EARNED LESS 10% RETAINAGE: $ PERCENTAGE OF PROJECT COMPLETION: LESS PREVIOUS PAYMENTS: $ AMOUNT DUE THIS ESTIMATE: The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Payment Estimate has been completed in accordance with Project 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. CONTRACTOR NAME: BY: Date: Project Manager State of County of: Notary Public Subscribed & sworn to before me this _day of , 20 My Commission Expires: Recommended for Payment by: AGREEMENT AND GENERAL CONDITIONS Department Approved for Payment by: City of Owasso CERTIFICATE FOR PAYMENT Date Date In accordance with the Project Documents, based on on -site observations and the date comprising the above application, the certifies to the Owner that to the best of their knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Project Documents, and the Contractor is entitled to payment of the amount certified. AMOUNT CERTIFIED $ (Attach explanation if amount certified differs from the amount applied for.) Date: This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment without prejudice to any rights of the Owner or Contractor under this Contract. AGREEMENT AND GENERAL CONDITIONS GI CONTINUATION SHEET Page _ of Application and Certification for Payment, containing Contractor's signed Certification is attached. Application Number: Application Date: Period to: 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) ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED FROM PREVIOUS APPLICATION WORK COMPLETED THIS PERIOD (cont) F G H I MATERIALS PRESENTLY STORED TOTAL COMPLETED AND D STORED DATE (D +E +f) BALANCE TO FINISH (C -G) RETAINAGE NOTE: At bottom of each column, run totals. AGREEMENT AND GENERAL CONDITIONS CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA J ) SS COUNTY OF ) The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain payment or the award of this contract. Contractor or Supplier Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: AGREEMENT AND GENERAL CONDITIONS M EXHIBIT "B" CITY OF OWASSO, OKLAHOMA Contractor and Engineer Payment Schedule INVOICES ARE TO BE SUBMITTED FOR THE REGULARLY SCHEDULED CITY COUNCIL MEETINGS ONLY. The contractor or engineer shall have his /her pay request in by 5:00 p.m. on the first day of the month unless the first falls on a Saturday, Sunday or Holiday, then it will be the next working day. Pay requests are, therefore, due on the following dates: September - 09/01/20 January 01/04/21 May 05/3/21 October - 10/01/20 February - 02/01/21 June - 06/1/21 November - 11/02/20 March - 03/01/21 July - 07/1/21 December - 12/01/20 April - 04/01/21 August 08/2/21 Failure to meet the above dates and time may result in payment being delayed until the following pay cycle. AGREEMENT AND GENERAL CONDITIONS Mj EXHIBIT "C" CERTIFICATION OF TAX - EXEMPT PUBLIC PROJECT The City of Owasso, Oklahoma hereby certifies that has duly entered into a public contract pursuant to the law for the following purposes, to -wit: Elm Creek Park - Park Improvement project for the City of Owasso, Oklahoma to be constructed as indicated in the bid specifications as awarded by the Owasso City Council on December 1, 2020. .Accordingly, under the provisions of 68 O.S. §1356(1), the sale of tangible personal property or services necessary for carrying out such public contract to the contractor or any sub - contractor to such public contract are exempt from sales tax. Any contractor or sub - contractor of such public contract shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that the purchases are necessary for carrying out such public contract with the City of Owasso. CITY OF OWASSO, OKLAHOMA Juliann M. Stevens, City Clerk AGREEMENT AND GENERAL CONDITIONS roil SECTION 10 - CERTIFICATE OF APPROVAL OF CONTRACT AND BONDS I, the undersigned, Julie Trout Lombardi, the duly authorized and acting legal representative of the City of Owasso / Owasso Public Works Authority, do hereby certify as follows: I have examined the construction contract between the contractor, and the above -named entity, and the surety bonds given by the contractor in connection with the performance of said contract, and the manner of execution of the contract and surety bonds; and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto, acting through their fully authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named therein; and that the foregoing contract and surety bonds constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions, and provisions thereof. Dated this day of Julie Trout Lombardi, City Attorney Tulsa County, Oklahoma AGREEMENT AND GENERAL CONDITIONS 6MAS-50 410AL PoaEie RERLLNn bw• REAL L M=g TO: The Honorable Mayor and City Council FROM: Larry Langford Director Recreation 8L Culture SUBJECT: Tulsa County Inter -local Agreement 2020 Sports Park South Entrance Asphalt Project DATE: December 11. 2020 BACKGROUND: On November 5, 2019, the City Council awarded a construction contract to Cherokee Builders, Inc., to complete work on the Owasso Sports Park Detention Pond and Mitigation Project. Work within the contract included preparing the subgrade of the south entrance road from East 106th Street North to the interior parking facilities, and the placement of aggregate base to the point where asphalt could be applied. The contract did not include utilizing Cherokee Builders, Inc. to place the asphalt. Work on the project is anticipated to be complete and ready for asphalt placement in December. City staff determined the best course of action for placement of the asphalt is to enter into an inter -local agreement with Tulsa County in lieu of using a general contractor. By doing so, staff anticipates a cost savings of approximately $30,000. INTER -LOCAL AGREEMENT: In order to formalize responsibilities, an agreement has been drafted with Tulsa County (see attachment) that includes the following: • City of Owasso shall provide all necessary traffic control • Tulsa County shall provide all necessary equipment, labor and materials • City of Owasso will reimburse Tulsa County for materials used to complete the project including asphalt and toc oil, and pay Tulsa County an additional $3 per ton to offset fuel expenses • Duration of the agreement shall be for a period equal to the time necessary to complete the project • Cost estimate of $75,998.26 for materials FUNDING: Funding for the materials to be used by Tulsa County is available in the Excess Vision 2025 Fund. RECOMMENDATION: Staff recommends approval of the Inter -local Agreement with Tulsa County for paving assistance and authorization to execute the necessary documents. ATTACHMENT: Tulsa County Inter -local Agreement INTERLOCAL AGREEMENT THIS AGREEMENT, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "County" and the City of Owasso, Oklahoma, hereinafter called "City ". WITNESSETH: WHEREAS, by virtue of 69 O.S., 1981, Section 1903, the Board of County Commissioners is authorized to enter into Agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 2. The purpose of this Agreement shall be to provide an asphalt overlay as directed by City on the street surfaces depicted in the attached Exhibit "A ". 3. The City shall provide all the necessary easements, and traffic control. 4. The City shall reimburse the County for all materials and an amount equal to $3 per ton of asphalt laid, to offset County's expense for fuel and equipment. 5. The County shall provide the necessary labor and equipment to complete the project. 6. This Agreement shall be effective from and after the date of execution hereof and is intended only for the purpose described in Section 2 above. 7. The rights, duties, and obligations under or arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other. Approved by the Owasso City Council on the 15th day of December, 2020 MIN CITY OF OWASSO. OKLAHOMA Bill Bush, Mayor ATTEST: M Juliann M. Stevens, City Clerk APPROVED AS TO FORM: LO-0 Julie Lombardi, City Attorney Approved by the Board of County Commissioners of Tulsa County, Oklahoma on the day of 2020. TULSA COUNTY BOARD OF COUNTY COMMISSIONERS 0 ATTEST: Michael Willis, County Clerk APPROVED AS TO FORM: BY: Asst. District Attorney Ron Peters, Chairman Tulsa County Interlocal Agreement Overlay Exhibit A . �� .. ...... •. Sports Park _ .... �� , *` � '� '' � �' { South Entrance 4 1 it yr cr 4L 1 t� , M �., (°. _t.._� �}QIA l a !• a{ _ l srrnlw R ri{ ' • 9 _ ..r—= '. � �" of •ice 1��" �.l�,�iy. �''�, 1 yF , � 1 Y { a: 5 N - i f E 106th Street North' Location Map _ � 9 ft 11/04/2020 !p RE•4 M1oM • RE�NI Cc.+r,�y This map may represeras a visual cis play of relazea geographic information. Data provided hereon is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up -to -date information. __� sd TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E., CFM City Engineer SUBJECT: Blackjack Creek Master Drainage Plan Update and Letter of Map Revision and Agreement for Engineering Services DATE: December 11, 2020 BACKGROUND: In 2005, Meshek & Associates prepared a Master Drainage Plan (MDP) that the City of Owasso adopted and has followed in the planning and construction of repairs to drainage infrastructure in Owasso. Examples of projects that have been completed after recommendations in the initial plan are the construction of the Sports Park detention pond, Brookfield Crossing Stormwater Improvements, the Regional Detention Pond at East 96th Street North and North Garnett Road, East 96th Street North Drainage Improvements to name a few. In 2020, staff determined an update was needed to address areas that have developed since the original plan and to have the area studied for future improvements. The Blackjack Creek basin is the only drainage basin that drains south to north. The drainage area is primarily west of US Hwy 169 from East 99th Street North toward Collinsville. This area has seen exponential growth with the widening of East 116th Street North, addition of Morrow Estates and Morrow Place Subdivisions, addition of Morrow Elementary, Garrett Creek residential and commercial developments, construction of Rejoice Christian School's Campus and North 135th East Avenue. Updating the MDP for this basin will assist in proactively addressing drainage concerns. Another project needed in the same basin involves the new, larger bridge between North 129th East Avenue and US Hwy 169. A Letter of Map Revision (LOMR) is needed to provide Federal Emergency Management Agency (FEMA) with new information of floodplain changes due to the project. The LOMR has been planned for the completion of the road widening. Performing these two (2) projects simultaneously will be more cost efficient than separately, since the Owasso Stormwater Model will be updated and utilized for both projects. ENGINEERING AGREEMENT /SCOPE OF WORK: Meshek & Associates, LLC, has been the City's stormwater consultant for several years and is a leader in the State of Oklahoma in regard to flood plain mapping and studies. They have also performed previous studies for the City that will make them more familiar than any other design consultant firm. A scope of work was discussed with Meshek & Associates, LLC, and the following components summarize the work in the agreement: MDP Update 1. Review and utilize previous studies a. City Master Drainage Plan b. Gather new survey data of the area with new Lidar from the Federal Government (in lieu of ordering new data from a private firm) 2. Update hydrology and hydraulics in the model for the stream and the tributaries 3. Acquire rainfall data from the NOAA Atlas 14 information Blackjack Creek Master Drainage Plan Update and Letter of Map Revision Page 2 4. Update information in Country Estates, Remington, and Fox Meadow Tributaries. The number of stream miles included in the Blackjack Creek basin is just over 8 stream miles with 3.5 miles of FEMA streams and 4.5 miles of city regulatory streams 5. Commence modeling and mapping, identify problem areas. Analyze alternatives to mitigate or eliminate the flooding issues 6. Make recommendations for each problem area 7. Document areas of concern on a Geographic Information System (GIS) layer for City of Owasso use LOMR Submittal 8. A FEMA Letter of Map Revision (LOMR) submittal will be prepared once modeling and mapping are completed on the portion of the streams that are currently mapped by FEMA. FUNDING: Funds are available in the FY 2020 -2021 Stormwater Fund. RECOMMENDATION: Staff recommends approval of the Agreement for Engineering Services for the Blackjack Creek Drainage Plan Update and Letter of Map Revision with Meshek & Associates, LLC, of Tulsa, Oklahoma, in the amount of $123,035.00, and authorization to execute the necessary documents. ATTACHMENTS: Location Map Agreement Blackjack Creek Drainage Basin flay i+ E 1 /A f �I!N' �y+t { Ja . �. 41 �klx5hhli.0 i e i • -E 1 6th 5L N �.iqi ,' 't 'i, r' ri �. i,i X11 jar'•. ,I • 4 ° �'. ,qtr• : e e. rat r. -tr Y' ' gg pp I ' ��p /l 4.•�L �� ^, L l / r"s1�,. m ,b h,F,tb2•2nrr„ IJ�� . • �q L 1. t ��(J r = n • ` � ^ t .. wr � I ,sy, .• I � � Ljyo�/ �Yf1 ("''1+ -'., 1'1I� L: d ` . • , • Jr' I,;I �lliit•_/ I t � IV. 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' �r ; - R y. _. , �4� r.,,�� ,, '� ^�Y"�°�' r '• tip` , _� v 1" = 3000 ft MDP and LOMR Agreement 12/04/2020 �Q This map may represent; a visual display of rat ated geographic information. Data provided here on i=_ not guarantee of acutual nald condition;. To be sure of oompleta accuracy, please contact ,he responslbI- s'afs fcr most up -to -date Informan on. AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK BLACKJACK CREEK MASTER DRAINAGE PLAN UPDATE THIS AGREEMENT made and entered into this 15th day of December 2020 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and Meshek & Associates, LLC, hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to prepare an update to the Blackjack Creek Master Drainage Plan, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through the Stormwater Management Budget; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION, and further described in Attachment E, BILLING RATE SHEET, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such PAGE 1 OF 13 engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer- generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. PAGE 2 OF 13 9. LIABILITY AND INDEMNIFICATION. 9.1. The ENGINEER shall indemnify and hold the CITY and the CITY's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the ENGINEER, its employees and its consultants in the performance of professional services under this Agreement. The ENGINEER's duty to indemnify the CITY under this provision shall be limited to the available proceeds of insurance coverage. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000. PAGE 3 OF 13 12.2. ENGINEER shall furnish CITY updated certificates of insurance upon request at anytime throughout the duration of the contract. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Meshek & Associates, LLC 1437 S. Boulder Ave. Suite 1550 Tulsa, OK 74119 Attention: Chris Duncan, PE, CFM To CITY: CITY OF OWASSO 301 W 2nd Avenue Owasso, Oklahoma 74055 Attention: Roger Stevens, Public Works Director 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this PAGE 4 OF 13 AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes ATTACHMENTS A, B, C, D, E, and F and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEEws cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff when requested and will be available for public meetings and City of Owasso presentations. 22. CONTRACT EXTENTIONS. Upon approval of the Public Works Department and the Consultant, this contract may be extended for three (3) successive, one (1) year terms if agreed to by both parties in writing not less than sixty (60) days prior to the expiration of the initial one (1) year or of any successive one (1) year term. Hourly rate changes from the consultant and maximum contract are subject to change. This extention is the first extention of a maximum of three (3) extentions. 23. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Chris Duncan as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. PAGE 5 OF 13 IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. APPROVED: Meshek & Associates. LLC Chris Duncan, PE, CFM Date 12/4/2020 CITY OF OWASSO, OKLAHOMA City Clerk, Juliann M. Stevens Mayor, Bill Bush Date APPROVED AS TO FORM: City Attorney, Julie Lombardi PAGE 6 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK BLACKJACK CREEK MASTER DRAINAGE PLAN UPDATE Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of civil engineering services for the following project: Update the Master Drainage Plan for Blackjack Creek and tributaries. This will include updated hydrologic and hydraulic modeling. The streams included is the Blackjack Creek mainstem, Country Estates tributary, Remington tributary, and Fox Meadow tributary within the City of Owasso city limits. The total stream length is approximately 8 miles. New models and mapping will be submitted to FEMA for a mapping update to the streams that are currently mapped by FEMA.a PAGE 7 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK BLACKJACK CREEK MASTER DRAINAGE PLAN UPDATE Scope of Services Attachment B The services to be performed by the ENGINEER, Meshek & Associates, LLC, under this AGREEMENT will consist of providing civil engineering services for the overall scope presented in Attachment A. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT. It is further understood that all analyses will be performed in accordance with the City of Owasso design criteria and specifications for construction. B.I. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.La) Obtain as- builts of developments since original Master Drainage Plan B.1.b) Update Master Drainage Plan Hydrology Model B.1.b) 1. Review and update subbase delinations BA.b) 2. Update land -use to reflect current development B.Lb) 3. Update Times of Concentration for modified subbasins B.1.b) 4. Incorporate existing development detention ponds into the model B.1.b) 5. Update reach storage routing to reflect current conditions B.1.b) 6. Update rainfall using NOAA Atlas 14 information B.1.c) Update Master Drainage Plan Hydraulic Models B.1.c) 1. Review and update moss- section layout B.1.c) 2. Update cross - sections using latest LiDAR topography B.1.c) 3. Review and update bridges/ culverts to reflect current conditions B.1.c) 4. Prepare storage - discharge tables for hydrologic model B.1.c) 5. Prepare updated floodway model B.1.c) 6. Prepare 1% and 0.2% Annual Chance floodplains B.l.d) Define problem areas B.Le) Review recommended plans from the existing Master Drainage Plan B.1.0 Perform alternative analyses to mitigate the problem areas B.l.g) Prepare cost estimates for alternatives and recommended plans 1311) Prepare updated Master Drainage Plan report BAJ) Prepare application for FEMA Letter of Map Revision (LOMR) B.l.j) Submit FEMA LOMR and obtain approval PAGE 8 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK BLACKJACK CREEK MASTER DRAINAGE PLAN UPDATE Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: CA Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT. C.1.2 Standard construction drawings and standard specifications. C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access. To assist in providing access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance. Designate the City Engineer (or another individual designated in writing) to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing ". C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. C.5 Services. CITY will furnish the site survey, handle all bidding and construction services, and prepare the As -built drawings after construction. PAGE 9 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK BLACKJACK CREEK MASTER DRAINAGE PLAN UPDATE Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as each Phase of the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon the amount of work complete at the time of invoicing. Any additional services, once approved by CITY, will be invoiced according to the Rate Schedule provided in ATTACHMENT E. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. DA Total Compensation. D.1.1 For the work under this project the total maximum billing including direct costs and subconsultant services shall be One Hundred Twenty -three Thousand and Thirty -five Dollars and no cents ($123,035.00) which amount shall not be exceeded without further written authorization by CITY. D.2 Subconsultants and Other Professional Associates. Services of subcontractors and other consultants shall be compensated for at a 5% markup to actual cost. Use of sub - consultants shall be authorized in advance by CITY. D.3 Other Direct Costs. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at the rate currently allowed by the IRS. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E. D.3.3 Any other direct costs shall be compensated for at actual when authorized in advance by CITY. DA Additional Services. Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. D.6 Conditions of Pam. D.6.1 Payments shall be made based on the amount of work complete at the time of invoicing as indicated within this AGREEMENT and shall be due and owing PAGE 10 OF 13 within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. PAGE 11 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK BLACKJACK CREEK MASTER DRAINAGE PLAN UPDATE 2020 Billing Rate Sheet $ 0.10 /each 8- 1/2'x14" print Attachment E 11 "x17" print $ 0.25 /each Allowance for Office Work: $ 2.50 /each Color Plot Project Principal II $ 245 /hour Project Principal 1 $ 230 /hour Project Manager $ 175 /hour Senior Project Engineer $ 140 /hour Project Engineer $ 125 /hour Engineer Intern $ 110 /hour Senior Engineering Technician $ 115 /hour Engineering Technician $ 75 /hour Senior CAD Designer $ 115 /hour CAD Designer $ 100 /hour 2 Man Survey Crew $ 175 /hour Survey Project Manager $ 150 /hour Survey Crew Chief $ 100 /hour Survey Crew Technician $ 75 /hour Survey CAD Technician $ 90 /hour LiDAR Survey Crew $ 250 /hour LiDAR Data Specialist $ 100 /hour Technology Solutions Manager $ 215 /hour Programmer $ 155 /hour GIS Principal $ 185 /hour GIS Project Manager $ 160 /hour GIS Specialist II $ 135 /hour GIS Specialist 1 $ 100 /hour GIS Analyst $ 80 /hour GIS Technician $ 70 1hour GPS Field Technician $ 60 /hour Planning /Grant Project Manager $ 130 /hour Planner $ 95 /hour Senior ROW Project Manager $ 170 /hour ROW Project Manager $ 130 /hour Acquisition /Relocation Specialist $ 110 /hour Acquisition /Relocation Agent $ 85 /hour Real Estate Trainee $ 75 /hour Contract Administrator $ 130 /hour Administrative $ 100 1hour Allowance for Travel: Total mileage traveled for field and office visits @ Current IRS rate. Reproduction costs: In -house reproduction 8- 1/2'x11" print $ 0.10 /each 8- 1/2'x14" print $ 0.15 /each 11 "x17" print $ 0.25 /each Black and White Plots $ 2.50 /each Color Plot $ 5.00 /each Mylars $ 7.00 1each USB Flash Drive $ 10.00 /each Per Diem — Meals @ Current GSA Rate Per Diem — Lodging @ Current GSA Rate Miscellaneous outside expenses and fees: Cost plus 5% PAGE 12 OF 13 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK BLACKJACK CREEK MASTER DRAINAGE PLAN UPDATE Schedule Attachment F F. SCHEDULE. The schedule for the PROJECT is provided as follows: F.I. Notice to Proceed: TBD F.2. Master Drainage Plan Update: 10 months after NTP F.3. Letter of Map Revision Submittal: 45 days after base modeling is complete F.4 Letter of Map Revision Approval: 4 -6 months after submittal to FEMA PAGE 13 OF 13 CITY OF Owasso GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 12105/20 Department Payroll Expenses Total Expenses 105 Municipal Court 6,418.28 9,145.56 110 Managerial 22,331.82 30,816.08 120 Finance 20,169.13 31,015.84 130 Human Resources 9,171.04 13,665.01 160 Community Development 19,226.70 29,201.66 170 Engineering 19,372.31 29,943.31 175 Information Systems 18,299.26 27,153.78 181 Support Services 9,378.88 14,182.50 190 Cemetery 1,200.00 1,905.00 201 Police Grant Overtime 5,963.15 6,043.68 201 Police -COPS Grant 4,744.66 7,542.33 215 Central Dispatch 35,578.09 54,254.94 221 Animal Control 4,294.52 6,359.61 250 Fire Safer Grant 28,700.11 44,246.13 280 Emergency Preparedness 2,307.69 3,237.96 370 Stormwater /ROW Maint. 7,049.47 11,800.10 515 Park Maintenance 7,598.36 11,850.97 520 Culture /Recreation 9,992.78 16,449.43 550 Community- Senior Center 5,987.62 8,055.26 580 Historical Museum 745.60 830.62 710 Economic Development 4,648.43 7,022.92 General Fund Total 243,177.90 364,722.69 185 Garage Fund Total 7,978.70 12,880.91 255 Ambulance Fund Total 553.85 622.53 250 Fire Fund 37 Total 167,922.32 255,075.77 201 Police Fund 38 Total 253,432.39 346,539.48 300 Streets Fund 39 Total 19,656.48 32,916.58 370 Stormwater Fund 27 Total 4,799.00 8,101.58 150 Worker's Compensation Total 4,726.78 5,672.01 720 Strong Neighborhoods Total 4,902.92 6,833.91 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 12/10/20 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION MEDICAL SERVICES ADMIN FEES ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 26,577.83 59,248.80 955.57 84,693.19 171,475.39 1,815.90 6,923.20 2,061.23 10,800.33 114.30 3,585.80 74.71 1,383.98 5,158.79 187,434.51 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2020 -2021 Budgetary Basis Statement of Revenues & Expenditures As of November 30, 2020 EXPENDITURES Personal services MONTH YEAR $ PERCENT $ TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: (401,127) (1,765,515) Taxes $ 3,192,985 $ 16,161,854 $ 34,407,869 46.977. Licenses & permits 36,302 146,261 241,714 60.51% Intergovernmental 123,913 3,281,267 4,387,701 74.787. Charges for services 70,144 313,674 748,615 41.90% Fines & forfeits 19,063 111,364 302,684 36.79% Other 12,813 119,557 250,267 47.77% TOTAL REVENUES $ 3,455,219 $ 20,133,976 $ 40,338,850 49.91% EXPENDITURES Personal services $ (1,888,300) $ (9,554,224) $ (23,908,700) 39.96% Materials & supplies (88,445) (401,127) (1,765,515) 22.72% Other services (189,861) (1,009,132) (2,744,652) 36.77% Capital outlay (107,209) (505,465) (3,395,205) 14.89% Deferred Budget- COVID Grant - - (2,748,976) 0.00% TOTAL EXPENDITURES $ (2,273,815) $ (11,469,948) $ (34,563,048) 33.19% REVENUES OVER EXPENDITURES $ 1,181,404 $ 8,664,028 $ 5,775,802 TRANSFERS IN (OUT): Transfers in - Sales Tax $ 1,545,193 $ 7,983,636 $ 17,198,539 46.42%, Transfers out (2,370,225) (12,677,417) (26,877,480) 47.17% TOTAL TRANSFERS $ (825,032) $ (4,693,781) $ (9,678,941) 48.49% NET INCOME (LOSS) $ 356,372 $ 3,970,247 $ (3,903,139) ENCUMBRANCES OUTSTANDING $ (1,657,439) FUND BALANCE (Budgetary Basis) Beginning Balance 13,682,835 13,682,835 Ending Balance $ 15,995,642 $ 9,779,696 Q: \Finance (120)\Accounting \Reports \fy21\GF Financials